Legal Aspects of Code Administration exam questions and answers 2024.

Absolute Immunity A policy of protecting public officials from tort liability (Chapter 10) A High-level executive officer cannot be held liable for his or her discretionary acts or ormissions. (Chapter 11) Abuse of Process The improper use of various litigation devices. The Elements of this tort are: 1) an ulterior purpose; and 2) a willful act in the use of the process not proper in the regular conduct of the prceddings. (Chapter 10) Abut Two parcels of land that physically touch one another. ( Chapter 9) Acquit To set free or release someone from a charge or accusation. To be civilly acquitted is to found free from liablitly, wheras to be criminally aquitted is to be judged not guilty of a crime with which a defendant was charged. (Chapter 10) Act Another name for a statutory law, and thus having the same power as a statute (Chapter 5) Adjudication The use of a formal legal process to resolve a dispute. (Chapter 1) Administrative Action The process by which the Board of Building Code Appeals (BBCA), or any administrative agency, forms its decisions. (Chapter 7) Adverse Possession Acquiring title to property for a specified period of time under specific circumstances. (Chapter 9) Advocate To plead the cause of his or her client in court. (Chapter 13) Affirmative Covenant An agreement between parties to do something. (Chapter 9) Agent A person who is authorized to act on behalf of a principal, whether buyer or seller. (Chapter 9) Answer In a lawsuit, a written response by the defendant to the plantiff's complaint that either denies in part or in whole the allegations lodge by the plaintiff. (Chapter 7) Appeal After a decision is rendered, a party may ask a higher court to change or set aside a lower court's ruling or an administrative body's decision. Therfore, an appellate court can overrule a lowercircuit court's ruling. (Chapter 8) Appellate Court Generally, a court having the power to hear and review lower courts decisions. (Chapter 8) Assault The willful attempt or threat to impose injury upon another when there is present the apparent ability and intent to injure. (Chapter 10) Assumption of Risk A defense that is dependent upon proof that the plaintiff knew of and understood the risk to which he was subjecting himself, yet proceeded in the course anyway. It is a defense against negligence. (Chapter 11) Attachment The legal process of preventing the owner from disposing of real estate while a lawsuit is pending. (Chapter 9) Attractive Nuisance Doctrine Situations in which young children enter the property because they are attracted there by a swimming pool or some other attractrive nuisance. (Chapter 10) Battery An intentional infliction of harmful or offensive bodily contact. (Chapter 10) Bearing Wall A wall that is used to support floors, partitions or roof loads. (Chapter 9) Breach of Duty The neglect or failure to fulfill in a just and proper manner the duties of an office. (Chapter 11) Burden of Proof 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. (Chapter 7) Cause of Action A set of facts that entitles a party to sustain an action and gives that party the right to seek a judicial remedy on his or her behalf. (Chapter 10) caveat emptor Let the buyer beware. (Chapter 9) caveat venditor let the seller beware. (Chapter 9) Certiorari A writ of common law origin issued by a superior court to an inferior court requiring the latter to produce a certified record of a particular case tried therein. The writ is issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities. It is most commonly used to refer to the Supreme Court of the United Sates, which uses the wit of certiorari as a discretionary device to choose the cases it wished to hear. (Source: Black's Law Dictionary, 6th ed.) (Chapter 9) Chain of Title A record of successive conveyances and deed restrictions on a particular parcel of land. (Chapter 9) Common Law The body of the law that developed and evolved in England from judgments and derees of the courts and which has general application, not subject to local rules. It may also mean laws created by judges, not legislatures. (Chapter 5) Complaint A document that initiates a prosecution or a lawsuit. It includes the parties, the nature of the claim afainst the defendant, and a specific demand for relief (if it is a civil suit). (Chapter 6) Comprehensive Zoning The outcome of using the final version of the zoning plan or the comprehensive zoning plan. (Chapter 9) Comprehensive Zoning Plan The final version of the zoning plan that is ultimately developed & completed. (Chapter 9) Condemnation The government's use of power to obtain private property for public use through its power of eminent domain. (Chapter 9) Conditional Use A specified use that is permitted in designated zoing district but has to meet certain criteria or conditions for location & operation as outlined in the ordinance. (Chapter 9) Conditional Use Permit The permit that woul stipule the conditions and specific controls that have been approved for the conditional use. (Chapter 9) Contributory Negligence A doctrine that holds if the plaintiff has been guilty of any negligene which has contributed to his injuries or damage, then he is totally barred from any recovery. (Chapter 11) covenant A written agreement between two or more patries to agree either to do something or not to do something. (Chapter 9) See also "afirmative covenant, negative covenant and restrictive covenant". cross-examination At either a trial or hearing, an examinaton of the witness by the party who is opposed to the party who produced that witness. The cross-examiner cannot ask questions that are beyound the scope of what was asked on direct examination. (Chapter 13) curtain wall The enclosing wall or skin of a building that uniformly covers the exterior facade from floor to floor for all or a large portion of the elevation. (Chapter 9) declaratory judgement A remedy that functions to declare explicitly the rights of the plaintiff. The plaintiff has sought this relief because he or she is in doubt as to his or her legal rights. The court's declarations bind the parties in their future actions with each other. (Chapter 11) declaratory relief It is the same as "declaratory judement" (Chapter 4) A remedy that functions to declare explicitly the rights of the plaintiff. The plaintiff has sought this relief because he or she is in doubt as to his or her legal rights. The court's declarations bind the parties in their future actions with each other. (Chapter 11) dedication Land or an easement therein that is voluntarily transferred or appropriated, by a private citizen, for use by the public. (Chapter 9) deed A written legal document by which title to property is passed. (Chapter 9)