Study Session 14 Flashcards
Legal Aspects of Code Administration, Chap 9-12
A local law is known as a(n)___________.
ordinance
A(n) ________is a claim or encumbrance on a property to secure a debt or obligation.
lien
Conduct that was not intended to cause harm or injury, but nonetheless, did so, and also breached some duty of care imposed by the law is known as _______________.
negligence
The building official and the municipality can each be sued because __________.
They are two separate and distinct legal entities
A doctrine that provides that a plaintiff who alleges inadequate performance of a governmental activity has the burden to show that the municipality owed a specific duty to the plaintiff and not simply to the general public is known as the _________doctrine.
public duty
The nonperformance of some act that the building official is obligated or has a responsibility to perform is known as ________.
nonfeasance
The type of immunity usually applied to lower administrative officers is ___________immunity.
qualified
Procedural due process means that parties whose rights are to be affected are entitled to be heard and therefore must be ______________.
notified
The federal requirement that sets the design criteria for public accommodation and commercial facilities so that a disabled person can mainstream more comfortably is known as the ____________.
ADA
The requirement that mandates general access design standards for new housing with four or more units is known as the _____.
FHA
A wall erected on an interior lot line as a common support to a structure on both sides, under different ownerships, for the benefit of both in supporting the structure is known as a __________.
party wall
A warranty deed ensures the buyer that the property is _____________.
free from liens and encumbrances
The act of occupying a space that belongs to someone else is considered a(n)____________.
encroachment
Which of the following is not another term for a special use?
conditional use, exceptional use, special exception, nonconforming use
nonconforming use
A specialized type of subdivision that describes a large-scale real estate development project is known as a(n)__________>
planned unit development
_______________ takes place when a community puts into place a plan to revitalize depressed areas in that community.
Urban renewal
Intentionally entering land which is under the possession of another is known as ___________.
trespassing
The Americans with Disabilities Act (ADA) was adopted by Congress in_____________.
1990
The Fair Housing ACT (FHA) was adopted by Congress in ____________.
1968
Building officials may purchase ________ insurance to protect themselves in the event an error was made which may give rise to liability.
errors and omissions
One of the four elements necessary for a successful malicious prosecution lawsuit against a building official is___________.
absence of a probable cause
A state or municipality can require that a private property owner relinquish some or all of his or her property for public use under its power of ____________.
eminent domain
Caveat Venditor means_______________.
let the seller beware
Acquiring title to property by possessing it for a specified period of time under specific circumstances is known as ____________.
adverse possession
