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LEGAL ASPECTS OF CODE ADMINISTRATION TEST 3 QUESTIONS WITH COMPLETE ANSWERS

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LEGAL ASPECTS OF CODE ADMINISTRATION TEST 3 QUESTIONS WITH COMPLETE ANSWERS

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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)


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, Certiorari




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)


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Appeal




An intentional infliction of harmful or offensive bodily contact. (Chapter 10)


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Battery




Land or an easement therein that is voluntarily transferred or appropriated, by a private
citizen, for use by the public. (Chapter 9)


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dedication

,The government's use of power to obtain private property for public use through its
power of eminent domain. (Chapter 9)


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Condemnation




Parties whose rights are to be affected are entitled to be heard, and therfore must be
notified. (Chapter 12)


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procedural due process




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)


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declaratory judgement




An instrument that gives the lender or seller a lien on the real estate as security for th
debt incurred in the purchase of the real estate. (Chapter 9)

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mortgage




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)


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Complaint




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. (Chapter 6)


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equitable estoppel




A map of the site indicating proposed construction and associated building and site
work needed to prepare the parcel for construction. (Chapter 9)


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