Legal & Legislative Processes Flashcards
7 cards from real CMC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Legislative Processes flashcards as text
What is the legal term for a formal written order issued by a court directing a public official to perform a ministerial duty?
Answer: Mandamus
A writ of mandamus compels a public official or government body to perform a duty that is purely ministerial and clearly defined by law.
Under the Sunshine Law concept, which situation typically requires a public meeting rather than a closed session?
Answer: Approval of the annual municipal budget
Budget approval is a legislative action affecting the public and must occur in an open meeting; the other options are common exceptions allowing closed sessions.
Which doctrine holds that a municipal ordinance is void if it conflicts with state law on the same subject?
Answer: Preemption
The preemption doctrine provides that state law supersedes conflicting local ordinances, rendering the local law void to the extent of the conflict.
A municipal clerk discovers that a resolution was adopted without the required quorum present. The resolution is best described as:
Answer: Void ab initio
An action taken without the legally required quorum is void ab initio — invalid from the beginning and of no legal effect.
What is the purpose of a severability clause in a municipal ordinance?
Answer: To preserve the remainder of the ordinance if one provision is found invalid
A severability clause ensures that if any part of an ordinance is struck down by a court, the remaining provisions continue in full force and effect.
Which process allows citizens to propose a new ordinance by gathering a required number of voter signatures?
Answer: Initiative
The initiative process empowers citizens to draft and propose new legislation directly, bypassing the governing body, through a qualifying petition.
When a state legislature grants a city authority to regulate a specific matter not previously addressed, this is an example of:
Answer: Express delegation of power
Express delegation occurs when the state legislature explicitly grants a local government authority over a particular subject matter in statute.