1) A municipality is viewed as a corporation established by the state legislature and
2) A municipality
3) The legal concept that states a municipal corporation has only those powers which are expressly granted to it:
4) An exercise of expressed power that expressly states for all localities to adopt a building code is a?
5) The adoption of a building code “appears” to be an inherent municipal power under
6) The term that means the local governmental entity has acted beyond the scope of its powers is:
7) While the selection or development of a building code is usually the task of a building official, responsibility for getting it legally operative must rest with?
8) To obtain the benefit of adoption by reference, instead of publishing the entire code:
9) The code itself must normally be filed where?
10) An administrative board is generally set up to hear appeals of the building official’s decisions, and is made up of which three powers:
11) What divides the local government into different classes and land uses into different categories?
12) A judicially created doctrine which says that a state may not pass a low which is inconsistent with federal law?
13) What stipulates that the state may not be held liable for any wrongdoing which it or any of its agents may commit?
14) The power of the states to adopt laws to protect and promote the health, safety, morals and general welfare of its citizens comes from the tenth amendment of the us constitution and is known as the state’s
15) The Consumer Product Safety Act [CPSA] was based on a congressional finding that “an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce” and that consumers could not?
16) Due to federal immunity, local building code regulations?
17) What is the most important step in the enforcement and administration of building codes?
18) In the event of prosecution because of violation, information on the permit may?
19) A permit application should be extremely specific and comprehensive to best prepare for?
20) If a permit is mistakenly issued, and it is obvious that the issuance was a mistake, the building department will be able to revoke the permit without much trouble if it is obvious that allowing the permit to stand would?
21) A building officials ability to create a modification to the code when there are practical difficulties encountered is known as:
22) When the court commands the municipality to perform one of the duties it is responsible for performing occurs via:
23) Often a copy of the inspection report is kept at all but which of the following:
24) The language used by the building inspector in an inspection should be?
25) It is important for the inspector to document everything in:
26) IBC section 106.3 requires the code official to examine the submitted construction documents. To perform the function of a plans examiner, the building code department must have a?
27) Notes and records should be kept of the plans examiner’s impressions as the examination is conducted. Those notes and records should be kept in the?
28) Normally with a civil complaint, the Notice of Violation may be?
29) Which of the following is not a type of Injunctive Relief?
30) A judicial order that is issued after the court has heard all of the evidence in the case is
31) It is also important for the person who handles complaints to realize that the job of the codes department is made easier when the citizenry of the jurisdiction cooperates. Therefore, the code representative should be?
32) Information told to the building inspector by a third part who is not an agent of the defendant is usually not admissible because it violates the rule against?
33) A hearsay statement is only admissible if?
34) Those areas not already covered by the code should be adopted by the building department as?
35) One of the most crucial requirements in the appeals process is?
36) The burden of proof rests with the Appellant before an appeals board. Court employ the substantial evidence standard that requires evidence sufficient to prove the issue in question for a?
37) A hearing which the whole hearing is reheld in front of a court is a?
38) Once the board of appeals has made it decision in writing, the only recourse the appellant has is?
39) The Fourth Amendment to the Constitution generally prohibits the search or seizure of any property unless a warrant is issued. The amendment guarantees against?
40) If an occupant [it need not be an owner] of a residential structure does not consent to an inspection, what is required to legally gain entry onto the premises?
41) What legal case ruled that a warrant is required if consent to an inspection is not given?
42) What should an inspector ask for before seeking a warrant?
43) In general, the owner’s permission need not be obtained for consent to perform an inspection if?
44) The trial court found that an inspector’s search of property is not in violation of the 4th amendment if the premises had been rented to tenants, and those tenants gave consent, as thee tenants were the only people who had an expectation of privacy. The court case that decided this was?
45) The doctrine that is an exception to the fourth amendment that involves an inspector observing a violation while at a location where he is legally entitled is known as?
46) Emergency situations constituting an exception to the fourth amendment was established by what court case? [Fire constitutes an emergency situation and no warrant is needed to enter a premises on fire. Court held that inspections immediately following the fire can be made without a warrant]. -->
47) The building official would be within his rights to demanding an immediate and thorough inspection of the premises if upon an external inspection of a structure:
48) Unlike obtaining an administrative search warrant, obtaining a criminal search warrant requires demonstration of?
49) The third circuit court held that the construction industry is a “heavily regulated business” and contractors have to allow building inspectors to perform their inspections at any reasonable time. This court case was:
50) An expectation of privacy cannot easily be made by the property owner where:
51) If the building official has some reason to believe that a violation of some code provision exists in a particular building, then the official may obtain a warrant, but must have?
52) The best way to avoid discriminatory violations is to have?
53) A building code becomes law when it is?
54) A document that is adopted by a municipality that provides direction and control of the development of land within its boundaries for present and future uses is a?
55) The final version of the zoning plan that is ultimately developed and completed is the?
56) A relaxation of the strict provisions of an ordinance that is granted due to undue hardship for the owner of the land to strictly comply is a?
57) A provision in the deed to a property which limits the use of the property or prohibits certain uses is a?
58) A grant of an interest in land entitling a person to use land possessed by another is?
59) An easement which is agreed upon by two parties an set out in a written instrument is?
60) When one landowner sells a portion of his property to another, and the two parcels abut and the second owner has no other access except to cross the land of another,
61) If the public were to abandon a particular highway, the property underlying the highway would naturally do what?
62) If the government take land and does not compensate the owner, it is considered to be a violation of the Fifth Amendment, and the property may seek and action against the government seeking compensation. This action is called:
63) Real property is?
64) The Latin term caveat emptor means,
65) To prevent the owner of the property from selling the real estate during the litigation involving the owner or the property, the court may be petitioned by a plaintiff to issue a?
66) A wall erected on an interior lot line as a common support to a structure on both sides, under different ownerships, for the benefit of both in supporting the structure is a?
67) What gives the legal descriptions of the property by lot, street and block number, but also shows all blocks, lots, streets and exact dimensions of each?
68) Which of the following is not an element of a malicious prosecution suit?
69) The question of malice is to be determined by?
70) Many state courts have held that the advice of an attorney is an absolute defense regarding the element of?
71) Battery occurs when there is?
72) An assault is the willful attempt?
73) A property owner may be held liable for injuries sustained by trespassing children, if, for instance, your children enter property because they are attracted there by a swimming pool or some other?
74) Trespass is?
75) A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, permit or license is protection under?
76) The doctrine that states a master or employer is liable for the wrongful acts of a servant or employee, for reasons that differ from those underlying the state doctrines, is?
77) Procedural due process means that parties whose rights are to be affect are entitled to be heard, and therefore?
78) The fair house act mandates design standards for new house with?
79) Although it is very difficult and there are few cases that have held in favor of a defendant’s request for attorney’s fees after a dismissal of a plaintiff’s action, in order for the defendant to receive attorney’s fee, the defendant must be able to show that the plaintiff did what?
80) Voire Dire is
81) An employee’s ability to work cannot be singled out regarding special procedures by the employer due to?
82) If an employee is temporarily unable to perform her job due to pregnancy, the employer must?
83) The Pregnancy Discrimination Act does not cover leave for?
84) Charges of sexual discrimination may be filed
85) Sexual advances constitute sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment if the advances are?
86) What are examples of accommodating an employee’s religions belief?
87) Mandatory “new age” training programs, designed to improve employee motivation, cooperation or productivity through meditation, yoga, biofeedback or other practices, may conflict with what?
88) Per the Americans with Disabilities Act, employers may not ask a job applicant about the existence, nature or severity of a disability; however, applicants may be asked about?
89) Test subject to the Americans with Disabilities Act [ADA] do not include?
90) The US Equal Employment Opportunity Commission specifies that the ADA applies to?
91) The government’s use of power to obtain private property for public use through its power of eminent domain is?
92) Land or an easement therein that is voluntarily transferred or appropriated by a private citizen for use by the public is a?
93) The granting of a modification to the code by the building official, when there are practical difficulties encountered is:
94) A legal concept that looks at whether some person or group was impermissibly singled out for enforcement is?
95) A legal procedure established by the 14th Amendment to enforce and protect basic individual rights, for example, the right to be present, to be heard and to present evidence before a judicial body is?
96) Entitles a person to use land possessed by another is a?
97) The government has the power to take title to property against the owner’s will if the government compensates the owner is
98) The illegal act of occupying a space that belongs to someone else is?
99) A doctrine by which the municipality may be precluded by its actions, or by its failure to act, from asserting a right which it otherwise would have had is?
100) An entitlement for someone to use land possessed by another, which is agreed upon by the two parties and set out in a written instrument is?
101) Results in the apportioning of power between state and local governments by providing local cities and towns with a certain amount of self-government in return for accepting certain terms of the state law is?
102) A legally recognized entity, make-up of the owners of all the lots who act together for the common interest pursuant to a declaration of covenants is a?
103) A claim or encumbrance on a property to secure a debt or obligation is a?
104) Legal proceedings which may be pending in court affecting the title or ownership of the property is?
105) The performance of some act that a person ought not to do at all is?
106) A way of measuring by establishing a starting point, such as a designated landmark, distances [metes] and directions [bounds] to encompass the parcel returning to the initial starting point is?
107) The improper performance of some act that a person may lawful do is?
108) An instrument that gives the lender or seller a lien on the real estate as security for the debt incurred in the purchase of the real estate is?
109) Restrict a landowner from using a portion of his or her land that may be otherwise lawfully used is a?
110) Involves conduct that was not intended to cause harm or injury but which nonetheless did so, and that also breached some duty of care imposed by the law is?
111) A structure that complied with zoning ordinances at the time it was built but no longer conforms to regulations due to the adoption, revision or amendment of a zoning ordinance is?
112) The nonperformance of some act that a person is obligated or has the responsibility to perform is?
113) A local law is?
114) A judicial order prohibiting specified conduct, which is issued after the court has heard all of the evidence in the case is a?
115) Property that is tangible and moveable is?
116) The power of the states to adopt laws to protect and promote the health, safety, morals and general welfare of its citizens is?
117) A judicially created doctrine that says that a state may not pass a law that is inconsistent with the federal law is?
118) A parcel of land and any items permanently affixed to it, such as a house, an in ground pool, or a fence is?
119) A doctrine that states that the master or employer is liable for the wrongful acts of his servant or employee is?
120) Limits the use of the property and prohibits certain uses is?
121) A judicially created doctrine that prevents a party from binging a suite against a government is?
122) A person who settles on land under adverse possession is?
123) A law enacted by state or federal legislatures is a?
124) Set by state law, a restriction on the period of time within which a complaint must be filed is?
125) A writ issued to a witness to force him to bring specific documents or records to a hearing is?
126) Any and all legislation enacted by a government must bear some rational relationship to a legitimate governmental function. The law must make sense. This is?
127) A stop work order that is given to abate a violation without formal court proceedings is?
128) A judicial order prohibiting specified conduct, which is issued pending a full hearing by the court, is a?
129) An examination of title records to determine whether the title to a property is clear is a?
130) A civil wrong is a?
131) Literally, “beyond the powers.” An entity has acted beyond the scope of its powers is?
132) A relaxation of the strict provisions of a zoning ordinance based on hardship is a?
133) Literally, to speak the truth.” The examination by attorneys of perspective jurors to determine their suitability is?
134) A writ allowing the Supreme Court to control the number of cases it hears each year and to choose which cases it wants to hear is a?
135) An order issued from a higher court requiring a private or municipal corporation or any of their officers to carry out the duties they were hired to perform is?
136) A document that is adopted by a municipality that provides direction and control of the development of land within its boundaries for present and future uses is a?