QPA Exam Review Rutgers
Question 1.
ANSWER
Question 2.
Dillon's Rule
ANSWER
Provides for a Strict Construction Approach - State Supremacy over local government. Municipal Corporations possess those powers granted by state
legislatures in express terms, together with those necessarily implied by the powers granted, and those indispensable powers essential to the objectives of
the municipal corporation.
Question 3.
The "Cooley Doctrine"
ANSWER
Local Government existed before State Government. Judge described basic tenets of American political philosophy, namely t4 things that exist;
1. Inherent right of local government
2. Right to local self government to be absolute right which could not be abridged
3. Many local governments existed before state government
4. Local governments come out of the "fabric" of American life & were the "cradle" and guardian of American liberty and democracy
Question 4.
Forms of NJ Municipal Government
ANSWER
1. Boroughs
2. Commission
3. Municipal Manager
4. Townships
5. Villages
6. Towns
7. Cities
8. Optional Municipal Charter Plans (Faulkner Act)
Question 5.
Types of Optional Municipal Charter Plans - Faulkner Act
ANSWER
1. Mayor - Council Plan
2. Council - Manager Plan
3. Small Municipality Plan
4. Mayor-Council-Administrator Plan Only Government that requires governing body to appoint a QPA
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, Question 6.
Forms of NJ County Governments
ANSWER
1. Board Form
2. Optional County Charter Plans - All maintain centralized purchasing procedures.
a. County Executive Plan
b. County Manager Plan
c. County Supervisor Plan
d. Board President Plan
Question 7.
Common Rule
ANSWER
Regarding general procurement procedures & the expenditure of grant funds local contracting units shall utilize local procurement procedure that reflect
state law if they conform to federal law. If state & federal law is in conflict, use the stricter provision
Question 8.
Uniform Commercial Code - UCC
ANSWER
Statutes that apply to contracting Parties whether private individuals or public entities. UCC reflects the common law for commercial transactions.
Question 9.
3 Main Reasons for UCC
ANSWER
1. to simplify the law
2. to permit the continued expansion of commercial practices through customization
3. to make uniform the law
Question 10.
Battle of the Forms
ANSWER
Refers to the backs of forms not matching while the fronts do
Question 11.
4 Elements of a Contract
ANSWER
1. Capable Parties - having legasl mental capacity
2. Mutual Consent - voluntary agreement
3. Lawful Objective - legal matter
4. Sufficient Cause to Contract - consideration, something for something
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Question 1.
ANSWER
Question 2.
Dillon's Rule
ANSWER
Provides for a Strict Construction Approach - State Supremacy over local government. Municipal Corporations possess those powers granted by state
legislatures in express terms, together with those necessarily implied by the powers granted, and those indispensable powers essential to the objectives of
the municipal corporation.
Question 3.
The "Cooley Doctrine"
ANSWER
Local Government existed before State Government. Judge described basic tenets of American political philosophy, namely t4 things that exist;
1. Inherent right of local government
2. Right to local self government to be absolute right which could not be abridged
3. Many local governments existed before state government
4. Local governments come out of the "fabric" of American life & were the "cradle" and guardian of American liberty and democracy
Question 4.
Forms of NJ Municipal Government
ANSWER
1. Boroughs
2. Commission
3. Municipal Manager
4. Townships
5. Villages
6. Towns
7. Cities
8. Optional Municipal Charter Plans (Faulkner Act)
Question 5.
Types of Optional Municipal Charter Plans - Faulkner Act
ANSWER
1. Mayor - Council Plan
2. Council - Manager Plan
3. Small Municipality Plan
4. Mayor-Council-Administrator Plan Only Government that requires governing body to appoint a QPA
1/9
, Question 6.
Forms of NJ County Governments
ANSWER
1. Board Form
2. Optional County Charter Plans - All maintain centralized purchasing procedures.
a. County Executive Plan
b. County Manager Plan
c. County Supervisor Plan
d. Board President Plan
Question 7.
Common Rule
ANSWER
Regarding general procurement procedures & the expenditure of grant funds local contracting units shall utilize local procurement procedure that reflect
state law if they conform to federal law. If state & federal law is in conflict, use the stricter provision
Question 8.
Uniform Commercial Code - UCC
ANSWER
Statutes that apply to contracting Parties whether private individuals or public entities. UCC reflects the common law for commercial transactions.
Question 9.
3 Main Reasons for UCC
ANSWER
1. to simplify the law
2. to permit the continued expansion of commercial practices through customization
3. to make uniform the law
Question 10.
Battle of the Forms
ANSWER
Refers to the backs of forms not matching while the fronts do
Question 11.
4 Elements of a Contract
ANSWER
1. Capable Parties - having legasl mental capacity
2. Mutual Consent - voluntary agreement
3. Lawful Objective - legal matter
4. Sufficient Cause to Contract - consideration, something for something
2/9
