Legal Aspects of Code Administration Practice Test

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• Why is it crucial that building officials learn to cope with public scrutiny that results from legally defending their activities?
• Under Dillon's Rule, a municipal corporation has only those powers which are:
• Sovereign immunity is best described as which of the following?
• The term for a special use allowed in a district under stated conditions is?
• Which type of preemption occurs when certain occupancies are regulated by the state, while others are not?
• Which description correctly contrasts Dillon's Rule and Home Rule?
• What is the function of the board of building code appeals?
• Which term is the broad category for civil wrongs that includes intentional acts and negligence?
• Which of the following describes an important step in the inspection process?
• Which piece of evidence is NOT admissible in court?
• Which entity sets the filing deadline for complaints?
• An entitlement that allows a person to use land possessed by another, for example, a right of way, is known as?
• Generally speaking, when will a building official have no trouble revoking a permit?
• Under Dillon's Rule, which item is described as an essential and indispensable component?
• Which doctrine may preclude a municipality from asserting a right due to its action or inaction?
• What defense might an attorney assert if the administrative discretion argument failed?
• What does CPSA stand for?
• Which statement best describes the doctrine of preemption?
• Which statement best explains the purpose of holding an informal hearing before issuing a stop-work order in cases involving vested builder rights?
• Which policy provides protection to public officials from tort liability?
• Name the three types of injunctive relief.
• What is an appellate court?
• What is the final version of a zoning plan that controls the development of land for present and future use?
• If a local building department issues a certificate of occupancy despite no state authorization, this is an example of which power?
• Which of the following is a requirement for an appeal form?
• Which term means wrongful conduct that was intended.
• Procedures for adopting a building code.
• Which term refers to a cause of action allowing damages for the intentional and unwarranted confinement of another?
• Under the 10th Amendment, powers not delegated to the United States by the Constitution, nor prohibited by the States, are reserved to whom?
• Who administers and enforces building codes at the local level?
• Which statement correctly describes the timing of a temporary injunction relative to a full court hearing?
• When is injunctive relief usually sought?
• Which statement illustrates the federal government's immunity to building codes and zoning ordinances?
• The Act sought to help consumers evaluate the _____ of consumer products and to develop _____.
• Which statement best describes an injunction?
• After a building permit denial, the applicant has the right to appeal to which body?
• Which term refers to a restriction that prevents a landowner from using a portion of land in a way they could have lawfully used otherwise?
• Which is NOT one of the important pieces of information to obtain when handling a complaint?
• Refers to who must prove the issue in a controversy and how much proof must be presented to an administrative tribunal or to a court of law in order to be awarded the sought-after relief.
• Enabling legislation must be followed to the letter when establishing a local government code enforcement system.
• What is a statute?
• What term describes the body of law developed in England from judgments and decrees of the courts with general application, not subject to local rules?
• Which term describes the willful attempt or threat to injure another when there is apparent present ability and intent to injure?
• In appellate practice, what does the term 'reverse' mean?
• A state has adopted a building code and prohibits the adoption of a code by local governments. This is an example of which preemption?
• A home rule charter with limited powers.
• Which body is empowered to ban hazardous products from commerce?
• In appellate practice, what does the term 'reverse' mean?
• What is home rule?
• Equitable powers of a court allow it to
• Which form is viewed as a corporation established for the public good?
• Which term concerns the wrongful institution of criminal proceedings by a private citizen against another, resulting in damages?
• Which term literally means 'beyond the powers'?
• What is an appeal?
• Which of the following is an injunctive relief that can last after a hearing?
• Issuing a certificate of occupancy without state authorization is an example of which action?
• What does facial validity mean?
• What is a permanent injunction?
• What is the general term for a right to use another's land for a specific purpose?
• What form of relief stops ongoing or future harm rather than compensating after the fact?
• What does discriminatory enforcement refer to?
• If a builder is dissatisfied with a decision, what is a typical recourse?
• What does ultra vires literally mean?
• Which statement about TROs is true?
• The court listed four requirements the plaintiff must show to enjoin a municipality from revoking its permit in GJZ Enterprises v. City of Troy.
• A New Jersey Statute requires all localities to adopt a building code. This power is best described as which type of power?
• If substantial work has been done under the permit, it may no longer be revoked assuming no public safety factor is involved. This is an example of what?
• Which is a benefit of a disclaimer on a permit application?
• Which term describes a formal request to a court to issue a ruling or order?
• The Act sought to promote _____ into the causes and prevention of _____ deaths, illnesses, and injuries.
• What term refers to a judicial order prohibiting specified conduct, which may be temporary or permanent?
• Which level has divested itself of jurisdiction and authority over building codes?
• Which term describes the court's power to fashion remedies beyond monetary damages?
• The rule limiting municipal powers to those expressively granted or implied is commonly known as:
• Which form is protected by sovereign immunity?
• Which term describes the scope of a building code?
• Which term refers to an out-of-court statement offered as truth of the matter asserted?
• A writ of common law origin requiring a court to produce a certified record of a case tried therein is called?
• Which statement about enabling legislation is true?
• What does due process refer to?
• Which form derives its powers primarily from explicit charter or state legislation?
• What term refers to a specified use that is permitted in a designated zoning district but subject to certain conditions?
• Which information is essential to collect from a complainant?
• What is the plaintiff trying to show by seeking relief in the form of a writ of mandamus?
• Declaratory relief is the same as declaratory judgment.
• Which term is the umbrella category for civil wrongs other than breach of contract?
• Which term means when a person intentionally enters upon land under the possession of another, connoting intrusion or invasion of private premises?
• What term describes an entitlement to use land that is agreed upon by the parties and set in a written instrument?
• Which option below is an example of due process provided to a vested builder?
• A state builds an office building within the jurisdiction of a local building official; the official has no right to require a building permit, inspect the premises, or require a certificate of occupancy. This is an example of which concept?
• Which is NOT a benefit of a disclaimer on a permit application?
• Which term refers to a structure that was in compliance with zoning ordinances when built but no longer conforms because of changes to the ordinances?
• Which feature requires the appellant to explain why the board has the power to address the denial?
• An arm of the state refers to which form of local government?
• Which agency is primarily tasked with addressing consumer product safety concerns?
• What does 'null and void' mean?
• Which term describes a court action that commands a public officer to perform duties?
• In the historical cycle of building code adoption, which step is the Adoption & promulgation of building codes?
• If a complainant will not give his or her name, the complaint is invalid and should not be addressed. The statement is:
• What is the power of the Consumer Product Safety Commission (CPSC)?
• True or False: Courts are more inclined to NOT enforce the code rather than revoke a permit that was mistakenly issued to a builder.
• Which amendment is associated with due process?
• True or False? A home rule charter is constitutionally derived from an authorization in a state's constitution.
• Which injunctive relief is typically long-lasting and issued after a hearing?
• Which form of local government is not fully protected by sovereign immunity?
• What is a temporary injunction?
• What is liability?
• Examination of building plans by someone other than a qualified expert could result in what?
• When may the Board of Building Code Appeals become involved in the building permit process?
• If a state law preempts local action by prohibiting local adoption of building codes, this illustrates which type of preemption?
• Which statement correctly describes the difference between a building code and a fire code?
• What provision allows building officials to inspect property more easily, and what must they show?
• A right that so completely belongs to a person that it cannot be taken away without consent is called what?
• In localities with no building code department, which government level typically controls construction?
• Statute of limitations is
• What is the primary purpose of zoning ordinances?
• The government has the power to take title to property against the owner's will, if it compensates the owner, is known as?
• Why should building departments adopt written guidelines to cover areas not covered by the code?
• Which form may act in areas without specific authorization from the state?
• An out-of-court statement offered as truth and not testable by cross-examination is called what?
• Which term refers to filing criminal proceedings in bad faith by a private citizen against another, causing damages?
• Which of the following is NOT a general power of an administrative board of appeals?
• Which statement describes a form as being an arm of the state performing delegated functions?
• The 10th Amendment reserves powers to whom?
• Which statement best describes irreparable harm?
• Which level of government has a limited and indirect role in building code matters?
• Which doctrine prevents re-litigation of a claim that has been finally decided?
• Which document is one of the two most important documents a building official has to regulate construction?
• What tort's elements include an ulterior purpose and a willful act in the use of the process not proper in the regular conduct of the proceedings?
• Which of the following is a typical characteristic of injunctive relief processes?
• What is the willful attempt or threat to impose injury upon another with apparent present ability and intent to injure?
• Which policy protects public officials from tort liability?
• Which document authorizes local governments to enact building codes?
• An order issued by the court without notice to the other party and without an opportunity to be heard is known as what?
• Which term is another name for a statutory law, thus having the same power as a state law?
• Under preemption, what happens when federal law conflicts with state law?
• Adoption of a building code without federal legislation.
• Which term describes conduct that breaches a duty of care but is not intentional and results in harm?
• Which term is best interpreted as the power limit that excludes actions beyond authority?
• How many avenues of appeal exist to the Board of Building Code Appeals under the IBC?
• What must the building official immediately do upon denying a building permit?
• Which set lists the four legal requirements to which TROs and temporary injunctions are usually subject?
• Which term describes conduct that was not intended to cause harm or injury, but nevertheless did so and breached a duty of care?
• Which term is the standard of proof used in civil cases requiring the greater weight of evidence?
• Under Dillon's Rule, which statement best describes the scope of municipal powers?
• Which form is often adopted in public referendum?
• For ordinance violations, the date of the offense must fall within the statute of limitations.
• Which form may operate in areas without specific authorization from the state?
• Why should an attorney from your state with expertise in municipal law be consulted concerning the law relating to building codes?
• In a civil action, which document is the defendant's written response to the complaint?
• What is the Equal Protection Clause?
• Why is home rule generally an advantage to municipalities and, therefore, to building code enactment?
• What is the term for a sworn written statement used as evidence, witnessed by a notary?
• Why is cooperation between the fire marshal's office and building code enforcement beneficial?
• Which organization is responsible for investigating and addressing causes of product-related injuries?
• An injunction is best described as a court order prohibiting specific conduct; it may be temporary or permanent.
• In the listed procedures for adopting a building code, which step occurs last?
• In the historical cycle, which event follows 'Degeneration of construction techniques & population increase'?
• Under CPSA findings, who must be protected against such risk?
• Specific authority to adopt a building code comes from the charter itself or from the state.
• The statement 'Schools and hospitals are inspected by state officials; all other occupancies are left to the local governments' is an example of what?
• A reasonable ground for belief in certain alleged facts is called what?
• What does per se mean?
• Which term is defined as an intentional infliction of harmful or offensive bodily contact?
• What is the name of an order issued by a higher court requiring a private or municipal officer to perform duties?
• What is a written agreement between two or more parties to either do something or not to do something?
• Who inspects schools and hospitals according to the framework described?
• Where should the appeal form become part of the record?
• Which step is the second in the proper complaint-handling sequence?
• Which type of easement arises when one landowner sells a portion of property and the buyer has no access except to cross the seller's land?
• Why can it be unfortunate for the building official if case law has interpreted the code as granting vast power to the Board?
• Which term means 'in itself'?
• Which term corresponds to a standard of proof that is met when the evidence is greater weight or more convincing than the opposing evidence?
• Which term best describes a civil wrong that involves intentional conduct designed to cause harm?
• Which statement correctly describes how the law varies across jurisdictions?
• What is the proper order of the procedures for handling a complaint?
• Dillon's Rule identifies certain components of local governmental power. Which option lists these components collectively?
• Which form is typically created by charter?
• What is the purpose of a temporary restraining order?
• Which term describes the concept of not arbitrarily discriminating by state governments?
• A municipality has the inherent authority to adopt a model building code. The court says the adoption is not within which type of power?
• How can local governments ensure that state courts will uphold municipal acts?
• Which zoning concept is a relaxation of the strict provisions of the zoning ordinance based on hardship?
• Which principle requires that all legislation enacted by a government bear a rational relationship to a legitimate governmental function?
• Which term describes an agreement between parties to do something?
• Which feature on the appeal form allows the appellant to express what he or she wants as result of the appeal?
• What term is another name for statutory law that carries the same authority as state law?
• Which term describes a final version of a zoning plan controlling the development of land for present and future use?
• The revocation of a permit but at the expense of the building official is an example of which?
• Which concept restricts a landowner from using a portion of land that they may have otherwise lawfully used?
• Which term describes an agreement that limits the use of the property and prohibits certain uses?
• Which term completes the phrase 'Name of the __ to be charged'?
• What is the term for a document that initiates a prosecution or a lawsuit, including the parties, the nature of the claim, and a demand for relief?
• Which of the following describes a court order stopping a specified action immediately?
• Which statement about classification under enabling legislation is correct?
• Which term refers to a covenant that limits the use of land and prohibits certain activities?
• What term refers to an entitlement that allows the holder to use a portion of another person's land to perform a specific act?
• Which term is defined as an agreement in which one party promises to refrain from doing something?
• What type of testimony is used to prove most cases?
• A municipality adopts a model building code based on its inherent authority. Which term describes this source of power?
• An entitlement to use land possessed by another, which is agreed upon by both parties, and set in a written instrument is?
• In a lawsuit, a written response by the defendant to the plaintiff's complaint which denies in part or in whole the allegations lodged by the plaintiff is called:
• The concept that determines which party must prove the facts and the level of proof required is called:
• Which term describes an easement that arises when there is no written instrument but access is necessary?
• A written agreement between two or more parties to either do something or not to do something is called?
• Enabling legislation authorizes local governments to enact building codes.
• A hearing that is reheld in front of a court is described as:
• Local safety codes containing standards or regulations regarding dangerous designs preempt federal CPSA regulations.
• Which form of local government is created by charter and is viewed as a corporation established for the public good?
• Which term describes a hearing that is conducted anew in a higher court after review?
• Which term refers to the act of entering or remaining on land without permission, commonly equated with intrusion?
• Before performing an inspection, what is a recommended practice?
• Which entity should be consulted to verify authority to adopt a code?
• A building official implements and enforces the provisions of the local ordinance.
• What is an appeal?
• In criminal proceedings, which document is typically issued by a grand jury charging a person with a crime?
• Where are products with an unreasonable risk of injury distributed according to CPSA findings?
• Which is the best example of immediate irreparable harm?
• Which proposed structure would NOT necessarily require submission of complete architectural plans?
• Which term is defined as a civil wrong, other than a breach of contract, for which the court will force the wrongdoers to pay damages?
• A special use permitted in a particular district subject to conditions, such as a day care center in a residential district, is called an?
• Sovereign immunity prevents which of the following?