TEEX Code Enforcement Exam Bank Solution Manual Already Passed
Absolute Immunity - Answers The status of a person or body that places one beyond the law and makes
one free from legal obligations.
Affiant - Answers The person who makes and subscribes an affidavit.
Affidavit - Answers A voluntary, written or printed declaration of facts, confirmed by oath of the party
making it before a person with authority to administer the oath.
Civil Action - Answers legal action to protect a private civil right or to compel a civil remedy (as
distinguished from criminal prosecution)
Defamation - Answers That which tends to injure a person's reputation.
Dillon's Rule - Answers Municipal governments only have the powers that are expressly granted to them
by the state legislature, those that are necessarily implied from that grant of power, and those that are
essential and indispensable to the municipality's existence
Enabling Legislation - Answers The act of giving or enacting laws; the power to make laws via legislation
in contrast to court-made laws.
General Law City - Answers Cities operate under the laws of the state with some exceptions to those
laws.
Home Rule City - Answers The power of a city to govern itself so long as charter provisions or ordinances
are not inconsistent with state law.
Home Rule Charter - Answers Organizational plan or framework of a municipal corporation like a
constitution of a state or nation; it is drawn up by the municipality and adopted by popular vote of the
people.
Injunction - Answers a judicial remedy issued in order to prohibit a party from doing or continuing to do
a certain activity
Libel - Answers Published defamation which tends to injure a person's reputation.
Lien - Answers An encumbrance or legal burden upon property.
Lis Pendens - Answers A pending lawsuit.
Preemption - Answers The judicial principle asserting the supremacy of federal over state legislation on
the same subject.
Real Property - Answers Land, buildings and whatever is attached or affixed to the land; synonymous
with "real estate".
, Reasonable Person - Answers a phrase used to denote a hypothetical person who exercises qualities of
attention, knowledge; intelligence, and judgment that society requires of its members for the protection
of their own interest and the interests of others. Thus, the test of negligence is based on either a failure
to do something that a reasonable person, guided by considerations that ordinarily regulate conduct,
would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
Return - Answers A report to a judge by police on the implementation of an arrest or search warrant.
Also, a report to a judge in response to a subpoena, civil or criminal.
Search Warrant - Answers A written order issued by a judge that directs law enforcement officer to
search a specific area for a particular piece of evidence.
Sovereign Immunity - Answers an exemption that precludes bringing a suit against the sovereign
government without the government's consent
Substantive Criminal Law - Answers Law with the purpose of prevention of harm to society which
prescribes punishment for specific offenses. The basic law of rights and duties as opposed to "remedial
law" which provides methods of enforcement.
Substantive Due Process - Answers Due process of law; the right of all persons to receive the guarantees
and safeguards of the law and the judicial process. It includes such constitutional requirements as
adequate notice, assistance at trial, to an impartial jury and to confront and secure witnesses.
Substantive Law - Answers The statutory or written law that governs rights and obligations of those who
are subject to it.
Testimony - Answers The evidence given by a witness under oath. It does not include evidence from
documents and other physical evidence.
Ultra Vires - Answers Beyond the legal power or authority of a person or official or body etc.
Venire - Answers A writ summoning persons to court to act as jurors.
Voir Dire - Answers The preliminary examination made in court of a witness or juror to determine his
competency or interest in a matter. To speak the truth.
Writ - Answers A judicial order directing a person to do something.
Writ of Mandamus - Answers An extraordinary writ commanding an official to perform a ministerial act
that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when
all other judicial remedies fail.
Code Enforcement - Answers The inspection, improvement and rehabilitation of environmental hazards
in public and private premises by determining the presence of fire or health hazards, nuisance violations,
unsafe building conditions and violations of any fire, health or building regulation, statute or ordinance.
Absolute Immunity - Answers The status of a person or body that places one beyond the law and makes
one free from legal obligations.
Affiant - Answers The person who makes and subscribes an affidavit.
Affidavit - Answers A voluntary, written or printed declaration of facts, confirmed by oath of the party
making it before a person with authority to administer the oath.
Civil Action - Answers legal action to protect a private civil right or to compel a civil remedy (as
distinguished from criminal prosecution)
Defamation - Answers That which tends to injure a person's reputation.
Dillon's Rule - Answers Municipal governments only have the powers that are expressly granted to them
by the state legislature, those that are necessarily implied from that grant of power, and those that are
essential and indispensable to the municipality's existence
Enabling Legislation - Answers The act of giving or enacting laws; the power to make laws via legislation
in contrast to court-made laws.
General Law City - Answers Cities operate under the laws of the state with some exceptions to those
laws.
Home Rule City - Answers The power of a city to govern itself so long as charter provisions or ordinances
are not inconsistent with state law.
Home Rule Charter - Answers Organizational plan or framework of a municipal corporation like a
constitution of a state or nation; it is drawn up by the municipality and adopted by popular vote of the
people.
Injunction - Answers a judicial remedy issued in order to prohibit a party from doing or continuing to do
a certain activity
Libel - Answers Published defamation which tends to injure a person's reputation.
Lien - Answers An encumbrance or legal burden upon property.
Lis Pendens - Answers A pending lawsuit.
Preemption - Answers The judicial principle asserting the supremacy of federal over state legislation on
the same subject.
Real Property - Answers Land, buildings and whatever is attached or affixed to the land; synonymous
with "real estate".
, Reasonable Person - Answers a phrase used to denote a hypothetical person who exercises qualities of
attention, knowledge; intelligence, and judgment that society requires of its members for the protection
of their own interest and the interests of others. Thus, the test of negligence is based on either a failure
to do something that a reasonable person, guided by considerations that ordinarily regulate conduct,
would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
Return - Answers A report to a judge by police on the implementation of an arrest or search warrant.
Also, a report to a judge in response to a subpoena, civil or criminal.
Search Warrant - Answers A written order issued by a judge that directs law enforcement officer to
search a specific area for a particular piece of evidence.
Sovereign Immunity - Answers an exemption that precludes bringing a suit against the sovereign
government without the government's consent
Substantive Criminal Law - Answers Law with the purpose of prevention of harm to society which
prescribes punishment for specific offenses. The basic law of rights and duties as opposed to "remedial
law" which provides methods of enforcement.
Substantive Due Process - Answers Due process of law; the right of all persons to receive the guarantees
and safeguards of the law and the judicial process. It includes such constitutional requirements as
adequate notice, assistance at trial, to an impartial jury and to confront and secure witnesses.
Substantive Law - Answers The statutory or written law that governs rights and obligations of those who
are subject to it.
Testimony - Answers The evidence given by a witness under oath. It does not include evidence from
documents and other physical evidence.
Ultra Vires - Answers Beyond the legal power or authority of a person or official or body etc.
Venire - Answers A writ summoning persons to court to act as jurors.
Voir Dire - Answers The preliminary examination made in court of a witness or juror to determine his
competency or interest in a matter. To speak the truth.
Writ - Answers A judicial order directing a person to do something.
Writ of Mandamus - Answers An extraordinary writ commanding an official to perform a ministerial act
that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when
all other judicial remedies fail.
Code Enforcement - Answers The inspection, improvement and rehabilitation of environmental hazards
in public and private premises by determining the presence of fire or health hazards, nuisance violations,
unsafe building conditions and violations of any fire, health or building regulation, statute or ordinance.
