Legal Aspects of Code Administration exam questions and answers 2024 latest update

Absolute Immunity A policy of protecting public officials from tort liability (Ch 10) A high-level executive officer can not be held liable for his/her discretionary acts or omissions (Ch 11) Abuse of Process The improper use of various litigation devices. The elements of this tort are 1) An ulterior purpose; and 2) a willful act in the use of process not proper in the regular conduct of the proceedings (Ch 10) Abut Two parcels of land that physically touch one another (Ch 9) Acquit To set free or release someone from a charge or accusation. To be civilly acquitted is to be found free from liability; whereas to be criminally acquitted is to be judged not guilty of a crime with which a defendant was charged (Ch 10) Act Another name for a statutory law, and thus having the same power as a statute (Ch 5) Adjudication The use of formal legal process to resolve a dispute (Ch 1) Administrative Action The process by which the Board of Building Code Appeals (BBCA) or any administrative agency, forms its decisions (Ch 7) Adverse Possession Acquiring title to property for a specified period of time under specific circumstances (Ch 9) Advocate To plead the cause of his/her client in court (Ch 13) Affirmative Covenant An agreement between parties to do something (Ch 9) Affirmative Easement Gives it possessor the right to use a portion of another's land to do some act (Ch 9) Agent A person who is authorized to act on behalf of a principal, whether buyer or seller (Ch 9) Answer In a lawsuit, a written response by the defendant to the plaintiff's complaint that ether denies in part or in whole the allegations lodged by the plaintiff (Ch 7) Appeal After a decision is rendered, a party may ask a higher court to change or set aside a lower courts ruling or an administrative body's decision. Therefore, an appellate court can overrule a lower circuit court's ruling (Ch 8) Appellate Court Generally, a court having the power to hear and review lower court decisions (Ch 8) Assault The willful attempt or threat to impose upon another when there is present the apparent ability and intent to injure (Ch 10) Assumption of Risk A defense that is dependent upon proof that the plaintiff knew of and understood the risk to which he was subjecting self, yet proceeded in that course anyway. It is a defense against negligence (Ch 11) Attachment The legal process of preventing the owner from disposing of real estate while a lawsuit is pending (Ch 9) Attractive Nuisance Doctrine Situations in which young children enter the property because they are attracted there by a swimming pool or some other attractive nuisance Battery An intentional infliction of harmful or offensive bodily contact (Ch 10) Bearing Wall A wall that is used to support floors, partitions or roof loads (Ch 9) Breach of Duty The neglect or failure to fulfill in a just and proper manner the duties of an office (Ch 11) Burden of Proof Refers to who must prove the issue in a controversy and how much proof must be presented to an administrative tribunal or to a court of law in order to be awarded the sought after relief (Ch 7) Cause of Action A set of facts that entitles a party to sustain an action and gives that party the right to seek a judicial remedy on his/her behalf (Ch 10) Caveat Emptor Let the buyer beware (Ch 9) caveat venditor let the seller beware (Ch 9) certiorari A writ of common law origin issued by a supervisor 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 ti refer to the Supreme Court of the United States, which uses the writ of certiorari as a discretionary device to choose the cases it wishes to hear (Source: Black's Law Dictionary, 6th ed.) (Ch 9) Chain of Title A record of successive conveyances and deed restrictions on a particular parcel of land (Ch 9) Common Law The body of law that 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 (Ch 5) Complaint 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) (Ch 6) Comprehensive Zoning The outcome of using the final version of the zoning plan or the comprehensive zoning plan (Ch 9) Comprehensive Zoning Plan The final version of the zoning zoning plan that is ultimately developed and completed (Ch 9) Condemnation The government's use of power to obtain private property for public use through its power of eminent domain ( Ch 9) Conditional Use A specified use that is permitted in a designated zoning district but has to meet certain criteria or conditions for location and operation as outlined in the ordinance (Ch 9) Conditional Use Permit The permit that would stipulate the conditions and specific controls that have been approved for the conditional use (Ch 9) Contributory Negligence A doctrine that holds if the plaintiff has been guilty of any negligence which has contributed to his injuries or damage, then he is totally barred from any recovery (Ch 11) Covenant A written agreement between two or more parties to agree either to do something or not to do something. (Ch 9) See also affirmative covenant, negative covenant and restrictive covenant