NEHA EXAM CHAPTER 2, REHS - HAZWOPER, ICS, NIMS,
& DISASTER RESPONSE, CHAPTER 4: HAZWOPER, ICS,
NIMS & DISASTER RESPONSE
1. Which U.S. Constitutional amendment guarantees Equal Protection under the law?
A. First Amendment
B. Fifth Amendment
C. Fourteenth Amendment
D. Twenty-Sixth Amendment
Rationale: The Fourteenth Amendment states that no state shall deny any person equal protection of
the laws. It ensures that all citizens are treated the same under the law, preventing discriminatory
application.
2. The principle of Due Process requires government agencies to:
A. Apply laws only to federal employees
B. Follow necessary procedural steps before taking legal action
C. Ensure fairness and follow established legal requirements before taking action
D. Avoid judicial oversight
Rationale: Due Process ensures fairness by requiring procedural steps, such as hearings or notices,
before the government can take action against an individual.
3. Statutes are best defined as:
A. Rules created by city councils
B. Laws established by court rulings
C. Laws enacted by state or federal legislatures
D. Guidelines published by regulatory agencies
Rationale: Statutes are formal laws passed by legislative bodies at either the state or federal level. They
have binding legal authority.
4. Local governments such as cities, counties, or school districts create laws known as:
,ESTUDYR
A. Statutes
B. Rules
C. Ordinances
D. Resolutions
Rationale: Ordinances are laws enacted by local government bodies and are enforceable within the
jurisdiction that created them.
5. Laws enacted by regulatory agencies, also called administrative agencies, are known as:
A. Statutes
B. Ordinances
C. Regulations or rules
D. Judicial orders
Rationale: Regulatory agencies like the EPA or FDA create regulations to enforce statutes. These have
the force of law within their scope.
6. What is the primary purpose of a license or permit in public health and safety?
A. To encourage competition
B. To generate government revenue
C. To protect public welfare by controlling certain activities
D. To allow unrestricted operation of a business
Rationale: Licenses and permits ensure that activities meet safety and quality standards to protect
public health, such as in food service or healthcare.
7. Which term refers to settling a dispute by accepting the decision of an impartial outsider and is
usually less expensive than litigation?
A. Mediation
B. Negotiation
C. Arbitration
D. Trial
Rationale: Arbitration involves a neutral third party making a binding decision, and it is generally faster
and less costly than court trials.
,ESTUDYR
8. A nonbinding settlement discussion between parties, usually facilitated by a neutral mediator, is
called:
A. Arbitration
B. Mediation
C. Litigation
D. Hearing
Rationale: Mediation allows parties to resolve disputes collaboratively without a binding legal decision,
promoting mutual agreement.
9. An Administrative Order or Enforcement/Abatement Order is issued to:
A. License a business
B. Approve property use
C. Direct an individual or business to stop or correct an activity
D. Grant immunity from penalties
Rationale: Administrative orders are legal documents from regulatory agencies requiring correction of
violations, often with fines or penalties.
10. A legal order prohibiting the removal or use of a certain item is called:
A. Seizure order
B. Embargo
C. Injunction
D. Condemnation
Rationale: An embargo prevents the movement, sale, or use of items — commonly used in public health
for unsafe food products.
11. The legal process to confiscate and possibly dispose of property is called:
A. Embargo
B. Seizure order
C. Condemnation
D. Eviction
Rationale: Seizure orders give legal permission to confiscate and hold items, often in public safety or
criminal investigations.
, ESTUDYR
12. Which describes a Prohibitory Injunction?
A. Court order requiring action to be taken
B. Court order preventing a specific act
C. Voluntary agreement between parties
D. Administrative permit approval
Rationale: A prohibitory injunction stops someone from doing something, like continuing a harmful
activity.
13. A court order requiring a party to take specific action, such as making repairs or reporting
activities, is called:
A. Prohibitory injunction
B. Consent decree
C. Mandatory injunction
D. Judicial notice
Rationale: A mandatory injunction compels action rather than prohibiting it.
14. Tangible evidence such as original records, photographs, or scientific test results is called:
A. Hearsay
B. Expert opinion
C. Prima facie evidence
D. Secondary evidence
Rationale: Prima facie evidence is direct, physical proof that supports a case without needing inference.
15. Testimony about what someone else said, not personally witnessed, is known as:
A. Prima facie
B. Hearsay
C. Direct evidence
D. Admissible evidence
Rationale: Hearsay is second-hand information and is generally inadmissible in court unless it falls under
certain exceptions.