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LEGAL ASPECTS OF CODE ADMINISTRATION EXAM QUESTIONS WITH ALL CORRECT ANSWERS

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LEGAL ASPECTS OF CODE ADMINISTRATION EXAM QUESTIONS WITH ALL CORRECT ANSWERS A states decides to build an office building within the jurisdiction of a local building official. The official has no right to require a building permit, to inspect the premises or to require a certifcate of occupancy. This is an example of? - Answer-sovereign immunity A state has adopted a building code and prohibits the adoption of a code by the local governments. This is an example of? - Answer-comprehensive preemption act - Answer-Another name for a statutory law, and thus having the same power as a state. common law - Answer-The body of law developed and evolved in England from judgments and decrees of the courts and which has general application, not subject to local rules. It may also mean laws created by judges, not legislatures.q What dose the 10th Amendment to the U.S. Constitution state regarding authority given to thw states? - Answer-The power not delegated to the United states by the Constitution, nor prohibited by it to the States, are reserved to the states, respectively, or to the people. administers and enforces building codes - Answer-Local Government has a limited and indirect role - Answer-Federal Government has divested itself or jurisdiction and authority - Answer-State Government CPSA - Answer-Consumer Product Safety Act Consumer Product Safety Act congressional findings- An unacceptable number of consumer products wich present _________________________________ are distributed in commerce. - Answer-a unreasonable risk of injury Consumer Product Safety Act congressional findings- _______________ must be protected against such risk. - Answer-Consumers

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LEGAL ASPECTS OF CODE
ADMINISTRATION EXAM QUESTIONS
WITH ALL CORRECT ANSWERS

A states decides to build an office building within the jurisdiction of a local building
official. The official has no right to require a building permit, to inspect the premises or to
require a certifcate of occupancy.
This is an example of? - Answer-sovereign immunity

A state has adopted a building code and prohibits the adoption of a code by the local
governments.
This is an example of? - Answer-comprehensive preemption

act - Answer-Another name for a statutory law, and thus having the same power as a
state.

common law - Answer-The body of law developed and evolved in England from
judgments and decrees of the courts and which has general application, not subject to
local rules. It may also mean laws created by judges, not legislatures.q

What dose the 10th Amendment to the U.S. Constitution state regarding authority given
to thw states? - Answer-The power not delegated to the United states by the
Constitution, nor prohibited by it to the States, are reserved to the states, respectively,
or to the people.

administers and enforces building codes - Answer-Local Government

has a limited and indirect role - Answer-Federal Government

has divested itself or jurisdiction and authority - Answer-State Government

CPSA - Answer-Consumer Product Safety Act

Consumer Product Safety Act congressional findings-
An unacceptable number of consumer products wich present
_________________________________ are distributed in commerce. - Answer-a
unreasonable risk of injury

Consumer Product Safety Act congressional findings-
_______________ must be protected against such risk. - Answer-Consumers

, Consumer Product Safety Act congressional findings-
The Act sought to help consumers evalute the _________ of consumer products and to
develop _________________. - Answer-comparative safety; uniform safety standards

Consumer Product Safety Act congressional findings-
The Act sought to promote ____________ into the causes and prevention of
______________deaths, illnesses, and injuries. - Answer-reseach and investigation;
product related

What is the power of the Consumer Product Safety commission (CPSC)? - Answer-
Banning hazardous products from commerce.

True or False?
Local codes containing safty standards or regulations regarding dangerouse designs
preempt those of the CPSA. - Answer-False

_________________ is an example of the federal government being immune to building
codes amd zoning ordinances? - Answer-Local building and zoning regulations would
have no impact on the constuction of a federally owned post office building.

complaint - Answer-A document that initiates a prosecution or a lawsuit. It includes the
parties, the nature of the claim against the defendant, and a specific demand for relief (
if it is a civil suit).

equitable estoppel - Answer-A doctrine by which the municipality may be precluded by
its action, or by its failure to act, from asserting a right which it otherwise would have
had.

writ of mandamus - Answer-An order issued from a higher court requiring a private or
municiplal corporation or any of its officers to carry out the duties they were hired to
perform.

probable cause - Answer-A resonable ground for belief in certain alleged facts.

hearsay - Answer-An out-of-court statement that is being introduced as the truth of the
matter asserted in the statement. It is not admissible as evidence ( subject to certain
exceptions) because its validity cannot be tested in cross examination.

vested rights - Answer-Right that so completely belong to a person that they cannot be
taken away without his or her consent.

injunctive relief - Answer-A judicial order prohibiting specified conduct; it may be
temporary or permanent.

temporary restraining order - Answer-An order issued by the cour without notice to the
other party and without an opportunity for the other party to be heard.

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