Study session 12 Flashcards

Legal Aspects of Code, Chapter 3 and 4

1
Q

Which one of the following rules is typically referenced when determining if local government has certain powers?

A

Dillon’s Rule

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2
Q

Generally, home rule makes it easier for a municipality to ___________.

A

enact local legislation

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3
Q

In some instances, enabling legislation is not required to justify certain fundamentals such as adopting a(n)_____________.

A

building code

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4
Q

If a municipality adopts a building code without enabling legislation, the courts may declare this as a(n) __________action.

A

ultra vires

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5
Q

The building code is typically considered a construction code, whereas the fire code is often considered a _____________code.

A

maintenance

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6
Q

Which doctrine stipulates that the state may not be held liable for any wrongdoing that it or any of its agents may commit?

A

sovereign immunity

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7
Q

The general underlying purpose of a zoning ordinance is to _______.

A
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8
Q

An interpretation by a court of law as to whether the state has immunity in a particular field is known as ____________.

A
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9
Q

Generally, a ___________ is viewed as a corporation established by the state legislature for the good of those inhabitants that live in a prescribed area.

A
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10
Q

A power which has been “set forth and declared exactly” is known as _________ power.

A
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11
Q

Which of the following would not be considered a type of municipality?
city, county, borough, township

A
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12
Q

___________ powers arise from those powers expressly granted but that may not be specifically authorized.

A
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13
Q

Responsibility for getting a building code legally operative by a local government usually rests with the ____________.

A
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14
Q

A __________ must frequently be published in the local newspaper when a building code is proposed for adoption.

A
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15
Q

Generally, the _____________ charter is seen as a grant of virtually unlimited powers to the municipality over local affairs.

A
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16
Q

Typically, a specified number of copies of the building code must be officially on file in the __________ for access by the public.

17
Q

Certain legal procedures must be followed when adopting a building code, as any omission may result in ____________.

18
Q

In many cases, if the state adopts a building code it will not apply to ___________ municipalities.

19
Q

State regulated storm water management was initiated by the states desire to participate in the National ___________Program.

20
Q

State buildings require local permits and inspections if the state has waived its rights of ___________immunity.

21
Q

If a state adopts a state building code and prohibits the local municipality from adopting its own building code, this is known as __________.

22
Q

Existing structures are primarily the concern of the fire department and the ___________department.

23
Q

Rather than publishing the entire code in the local newspaper during the adoption process, the code itself is typically filed with the municipal/ county clerk for the purpose of _______________.

24
Q

A county form of government is usually considered a(n)____________.

25
Something that is ___________ no longer has legal or binding effect.