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
Which type of municipal legislation typically establishes permanent rules governing conduct within the jurisdiction?
Answer: Ordinance
Ordinances are the primary law-making instrument of local government, creating binding and permanent rules enforceable by penalties.
A city council passes an emergency ordinance to address an immediate public safety threat. What distinguishes an emergency ordinance from a regular ordinance?
Answer: It typically requires a supermajority and takes effect upon adoption
Emergency ordinances commonly require a supermajority vote and become effective immediately upon adoption rather than after the standard waiting period.
Under Roberts Rules of Order, what happens to a motion that fails to receive a second?
Answer: The motion dies for lack of a second
Without a second, a motion fails immediately because no other member has indicated interest in discussing it, and it dies without further action.
What is the legal significance of the effective date specified in an ordinance?
Answer: It is the date on which the ordinance becomes enforceable law
The effective date is when the ordinance becomes legally operative and violations may be prosecuted or civil remedies pursued.
Which legal concept prevents a municipality from being sued without its consent?
Answer: Sovereign immunity
Sovereign immunity historically barred suits against government entities without their consent, though most states have partially waived it by statute.
A council member who has a financial interest in a matter before the council is generally required to:
Answer: Disclose the interest and abstain from voting
Conflict-of-interest laws typically require disclosure of the financial interest and recusal from voting to prevent self-dealing.
What does the term 'enabling legislation' mean in the context of municipal law?
Answer: A state law that grants local governments authority to act in a specified area
Enabling legislation is a state statute that authorizes municipalities to exercise powers or regulate subjects they could not address without that grant.