QPA EXAM PRACTICE QUESTIONS AND
100% CORRECT ANSWERS!!
List three of the five types or levels of local
government within the State of New Jersey
which are considered "creatures of the state":
County
Municipality
School District
Under the Local Public Contract Law, a
Contracting Unit can mean which of
the following:
(a) Any county; or
(b) Any municipality; or
(c) Any board, commission, committee,
authority or agency, which is not a State
board, commission, committee, authority,
except as provided pursuant to P.L.2013,
c.4, or agency, and which has
administrative jurisdiction over any district
other than a school district,
(d) Any of the above****
John Forrest Dillon "Dillion's Rule"
A Judge's opinion in an Iowa case in 1868, and
later in books, stated that Municipal corporations
possess those powers granted by state
legislatures in express terms, together with those
necessarily implied by the powers granted, and
those indispensable powers essential to
,The objectives of the municipal corporation.
In summary "municipal corporations owe their
origin to and derive their powers and rights wholly
from the legislature. It breathes into them the
breath of life,
without which they cannot exist.
As it creates, so may it destroy. If it may destroy, it
may abridge and Control." - State Supremacy
Thomas J. Cooley "Cooley Doctrine"
A Judge's opinion in an 1871 Michigan case that
described what could be considered a basic tenet
of American political philosophy of "Home Rule",
namely:
(1) that there exists an inherent right of local
government, common law and American historical
tradition.
(2) He also considered, the right to local self
government to be an absolute right which could
not be abridged,
(3) and that many local governments existed
before the state governments, and therefore,
were parallel to the states and should continue for
"all time."
(4) Local governments come out of the fabric of
American life and were the "cradle" and guardian
of American liberty and democracy.
Most criminal antitrust prosecutions involve
activity known as "bid rigging" or "price
fixing".....Bid rigging is the way that conspiring
competitors effectively raise prices when
, purchasers, including municipalities, are in the
process of soliciting goods or services. Please list
three examples of bid rigging conspiracies.
Bid Suppression
Bid Withdrawal
Bid rotation
Whenever a purchasing agent shall determine
that a bid was not arrived at independently in
open competition it shall thereupon notify the
following individuals of the facts upon which
its determination is made for a violation of any
State or federal antitrust law or laws relating
to the unlawful restraint of trade.
County prosecutor and the Attorney
General
Under the law, price-fixing and bid-rigging
schemes are per se violations under the Sherman
Act. Price fixing when manufacturers attempt to
force the retailer to charge the suggested retail
price is what type of price fixing.
Vertical
Under New Jersey Title 40 and 40A Municipalities
and Counties where can the citation for the
following be located: Local Bond Law
"_____ bond or not to bond that is the question."
N.J.S.A. 40A: 2-1
100% CORRECT ANSWERS!!
List three of the five types or levels of local
government within the State of New Jersey
which are considered "creatures of the state":
County
Municipality
School District
Under the Local Public Contract Law, a
Contracting Unit can mean which of
the following:
(a) Any county; or
(b) Any municipality; or
(c) Any board, commission, committee,
authority or agency, which is not a State
board, commission, committee, authority,
except as provided pursuant to P.L.2013,
c.4, or agency, and which has
administrative jurisdiction over any district
other than a school district,
(d) Any of the above****
John Forrest Dillon "Dillion's Rule"
A Judge's opinion in an Iowa case in 1868, and
later in books, stated that Municipal corporations
possess those powers granted by state
legislatures in express terms, together with those
necessarily implied by the powers granted, and
those indispensable powers essential to
,The objectives of the municipal corporation.
In summary "municipal corporations owe their
origin to and derive their powers and rights wholly
from the legislature. It breathes into them the
breath of life,
without which they cannot exist.
As it creates, so may it destroy. If it may destroy, it
may abridge and Control." - State Supremacy
Thomas J. Cooley "Cooley Doctrine"
A Judge's opinion in an 1871 Michigan case that
described what could be considered a basic tenet
of American political philosophy of "Home Rule",
namely:
(1) that there exists an inherent right of local
government, common law and American historical
tradition.
(2) He also considered, the right to local self
government to be an absolute right which could
not be abridged,
(3) and that many local governments existed
before the state governments, and therefore,
were parallel to the states and should continue for
"all time."
(4) Local governments come out of the fabric of
American life and were the "cradle" and guardian
of American liberty and democracy.
Most criminal antitrust prosecutions involve
activity known as "bid rigging" or "price
fixing".....Bid rigging is the way that conspiring
competitors effectively raise prices when
, purchasers, including municipalities, are in the
process of soliciting goods or services. Please list
three examples of bid rigging conspiracies.
Bid Suppression
Bid Withdrawal
Bid rotation
Whenever a purchasing agent shall determine
that a bid was not arrived at independently in
open competition it shall thereupon notify the
following individuals of the facts upon which
its determination is made for a violation of any
State or federal antitrust law or laws relating
to the unlawful restraint of trade.
County prosecutor and the Attorney
General
Under the law, price-fixing and bid-rigging
schemes are per se violations under the Sherman
Act. Price fixing when manufacturers attempt to
force the retailer to charge the suggested retail
price is what type of price fixing.
Vertical
Under New Jersey Title 40 and 40A Municipalities
and Counties where can the citation for the
following be located: Local Bond Law
"_____ bond or not to bond that is the question."
N.J.S.A. 40A: 2-1
