Legal Aspects of Code Administration Definitions

Question 1

Absolute immunity

Answer 1

A policy of protecting public official from tort liability. (Chapter 10)

Question 2

Abuse of process

Answer 2

The improper use of various litigation devices.

Chapter 10

Question 3

Abut

Answer 3

Two parcels of land that physically touch one another.

Chapter 9

Question 4

Acquit

Answer 4

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 has been charged. )

(Chapter 10)

Question 5

Act

Answer 5

Another name for a statutory law, and thus having the same power as a statute.

(Chapter 5)

Question 6

Adjudication

Answer 6

The use of formal legal process to resolve a dispute.

Chapter 1

Question 7

Administrative action

Answer 7

The process by which the Board of Building Code Appeals (BBCA), or any administrative agency, forms its decisions.

(Chapter 7)

Question 8

Adverse possession

Answer 8

Acquiring title to property for a specified period of time under specific circumstances.

(Chapter 9)

Question 9

Advocate

Answer 9

To plead the cause of his or her client in court.

Chapter 13

Question 10

Affirmative covenant

Answer 10

An agreement between parties to do something.

Chapter 9

Question 11

Affirmative easement

Answer 11

Gives its possessor the right to use a portion of another’s land to do something.

(Chapter 9)

Question 12

Agent

Answer 12

A person who is authorized to act on behalf of a principal, whether buyer or seller.

(Chapter 9)

Question 13

Answer

Answer 13

In a lawsuit, a written response by the defendant to the plaintiff’s complaint that either denies in part or in whole the allegations lodged by the plaintiff.

(Chapter 7)

Question 14

Appeal

Answer 14

After a decision is rendered, a party may ask a higher court to change or set aside the lower court’s ruling or an administrative body’s decision.

(Chapter 8)

Question 15

Appellate court

Answer 15

Generally, a court having the power to hear and review lower court decisions.

(Chapter 8)

Question 16

Assault

Answer 16

The willful attempt or threat to impose injury upon another when there is present the apparent ability and intent to injure.

(Chapter 10)

Question 17

Assumption of risk

Answer 17

A defense that is dependent upon proof that the plaintiff knew of and understood the risk to which he was subjecting himself, yet proceeded in that course anyway.

(Chapter 11)

Question 18

Attractive nuisance doctrine

Answer 18

Situations in which you do children enter the property because they are attracted there by a swimming pool or some other attractive nuisance

(Chapter 10)

Question 19

Attachment

Answer 19

The legal process of preventing the owner from disposing of real estate while a lawsuit is pending.

(Chapter 9)

Question 20

Battery

Answer 20

An intentional infliction of harmful or offensive bodily contact.

(Chapter 10)

Question 21

Bearing wall

Answer 21

A wall that is used to support floors, partitions or roof loads.

(Chapter 9)

Question 22

Breach of duty

Answer 22

The neglect or failure to fulfill in a just and proper manner the duties of an office.

(Chapter 11)

Question 23

Burden or proof

Answer 23

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.

(Chapter 7)

Question 24

Cause of action

Answer 24

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 or her behalf.

(Chapter 2)

Question 25

Caveat emptor

Answer 25

Let the buyer beware.

Chapter 9

Question 26

Caveat venditor

Answer 26

Let the seller beware.

Chapter 9

Question 27

Certiorari

Answer 27

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.

(Chapter 9)

Question 28

Chain of title

Answer 28

A record of successive conveyances and deed restrictions on a particular parcel of land.

(Chapter 9)

Question 29

Common law

Answer 29

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 law created by judges, not legislatures.

(Chapter 5)

Question 30

Complaint

Answer 30

A document that initiates a prosecution or a lawsuit.

Chapter 6

Question 31

Comprehensive zoning

Answer 31

The outcome of using the final version of the zoning plan or the comprehensive zoning plan.

(Chapter 9)

Question 32

Comprehensive zoning plan

Answer 32

The final version of the zoning plan that is ultimately developed and completed.

(Chapter 9)

Question 33

Condemnation

Answer 33

The government’s use of power to obtain private property for public use through its power of eminent domain.

(Chapter 9)

Question 34

Conditional use

Answer 34

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.

(Chapter 9)

Question 35

Conditional use permit

Answer 35

The permit that would stipulate the conditions and specific controls that have been approved for the conditional use.

(Chapter 9)

Question 36

Contributory negligence

Answer 36

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.

(Chapter 11)

Question 37

Covenant

Answer 37

A written agreement between two or more parties to agree either to do something or not to do something.

(Chapter 9; See also affirmative covenant, negative covenant and restrictive covenant.)

Question 38

Cross-examination

Answer 38

At either a trial or hearing, an examination of a witness by the party who is opposed to the party who produced that witness.

(Chapter 13)

Question 39

Curtain wall

Answer 39

The enclosing wall or skin