Page 1 of 55
LEGAL ASPECTS OF CODE ADMINISTRATION ACTUAL
EXAM 2025 WITH ANSWERS
Absolute Immunity
A policy of protecting public officials from tort liability
(Chapter 10) A High-level executive officer cannot be held
liable for his or her discretionary acts or ormissions.
(Chapter 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 the process not proper in the
regular conduct of the prceddings. (Chapter 10)
Abut
Two parcels of land that physically touch one another. (
Chapter 9)
Liability
Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with
public scutiny that results from lwgally defending their
activities?
Lawsuits continue to be brought against building officials.
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Why should a attorney from your state with expertise in
municipal law be consulted concerning the law relating to
building codes?
The law differs from state to state and municipality to
municpality.
Historical cycle of building code adoption.
1-Ignorance & freewheeling construction.
2-Degeneration of construction tecniques & population
increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
Name 3 early tragedies caused by freewheeling
construction.
1-Collapse of a Roman amphitheater in 27 A.D.
2- Citywide fires in London in 1212 & 1666.
3- The Chicago fire of 1871.
ultra vires
Liiterally,"beyond the powers." An entity has acted beyond
the scope of its power.
null and void
Having no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those
powers which are.
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1-expressly granted to it by charter or other state
legislation.
2- implied or necessarily incident to the express power.
3- essential and indispensable to the declared objects
and purposes of the corporation.
home rule
Results in the apportioning of power between state and
local governments by providing local cities and towns
with a certain amount of self-government in return for
accepting certain terms of state law.
statue
A law enacted by state or federal legislatures.
What are the 3 major forms of local government?
1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity
Municipal Government
Created by charter
Municipal Government
Protected by sovereign immunity.
County Government
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May act in areas without specific authorization from the
state.
Home Rule Government
Viewed as a corporation established for the public good.
Municipal Government
often adopted in public referendum.
Municipal Government
An arm of the state.
County Government
Components of Dillon's Rule.
(a) Expressly granted to it by charter or other state
legislation.
(b) Implied or incident to the expressed power.
(c) Essential and indispensable to the declared purpose of
the corporation.
A New Jersey Statute requires all localities to adopt a
building code.
expressed power
Acertificate of occupancy is issued by a local building
department even though it is not soecifically authorized
by state legislation to do this.
implied power
LEGAL ASPECTS OF CODE ADMINISTRATION ACTUAL
EXAM 2025 WITH ANSWERS
Absolute Immunity
A policy of protecting public officials from tort liability
(Chapter 10) A High-level executive officer cannot be held
liable for his or her discretionary acts or ormissions.
(Chapter 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 the process not proper in the
regular conduct of the prceddings. (Chapter 10)
Abut
Two parcels of land that physically touch one another. (
Chapter 9)
Liability
Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with
public scutiny that results from lwgally defending their
activities?
Lawsuits continue to be brought against building officials.
, Page 2 of 55
Why should a attorney from your state with expertise in
municipal law be consulted concerning the law relating to
building codes?
The law differs from state to state and municipality to
municpality.
Historical cycle of building code adoption.
1-Ignorance & freewheeling construction.
2-Degeneration of construction tecniques & population
increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
Name 3 early tragedies caused by freewheeling
construction.
1-Collapse of a Roman amphitheater in 27 A.D.
2- Citywide fires in London in 1212 & 1666.
3- The Chicago fire of 1871.
ultra vires
Liiterally,"beyond the powers." An entity has acted beyond
the scope of its power.
null and void
Having no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those
powers which are.
, Page 3 of 55
1-expressly granted to it by charter or other state
legislation.
2- implied or necessarily incident to the express power.
3- essential and indispensable to the declared objects
and purposes of the corporation.
home rule
Results in the apportioning of power between state and
local governments by providing local cities and towns
with a certain amount of self-government in return for
accepting certain terms of state law.
statue
A law enacted by state or federal legislatures.
What are the 3 major forms of local government?
1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity
Municipal Government
Created by charter
Municipal Government
Protected by sovereign immunity.
County Government
, Page 4 of 55
May act in areas without specific authorization from the
state.
Home Rule Government
Viewed as a corporation established for the public good.
Municipal Government
often adopted in public referendum.
Municipal Government
An arm of the state.
County Government
Components of Dillon's Rule.
(a) Expressly granted to it by charter or other state
legislation.
(b) Implied or incident to the expressed power.
(c) Essential and indispensable to the declared purpose of
the corporation.
A New Jersey Statute requires all localities to adopt a
building code.
expressed power
Acertificate of occupancy is issued by a local building
department even though it is not soecifically authorized
by state legislation to do this.
implied power
