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
When a city council member votes 'present' rather than 'yes' or 'no' on a motion, what is the typical legal effect?
Answer: It is neither an affirmative nor negative vote but is recorded
A 'present' vote is recorded for quorum purposes but does not count toward the affirmative or negative tally needed to pass or defeat a motion.
Which clause in the U.S. Constitution most directly requires states to give full legal effect to the official acts and judgments of other states?
Answer: Full Faith and Credit Clause
The Full Faith and Credit Clause (Article IV, Section 1) requires each state to recognize the public acts, records, and judicial proceedings of every other state.
A resident requests that the city clerk certify a copy of an adopted ordinance. The clerk's primary responsibility in this process is to:
Answer: Attest that the copy is a true and accurate reproduction of the official record
Certification by the municipal clerk attests that the document is a true and accurate copy of the official record, not a legal opinion on its validity.
Which action by a governing body constitutes a 'legislative act' as opposed to a 'quasi-judicial act'?
Answer: Adopting a comprehensive land-use plan
Adopting a comprehensive plan is a broad policy-setting legislative act, while approvals and appeals involving specific parties are quasi-judicial in nature.
A local ordinance imposes a curfew on minors. A parent challenges it as unconstitutional. Which constitutional provision is most likely at the center of the challenge?
Answer: Fourteenth Amendment liberty interests and parental rights
Curfew ordinances are most commonly challenged under Fourteenth Amendment liberty interests, including parental rights to direct the upbringing of their children.
What is the function of the 'enacting clause' in a municipal ordinance?
Answer: It formally invokes the authority under which the ordinance is adopted
The enacting clause (e.g., 'BE IT ORDAINED by the City Council of…') formally invokes the legal authority of the governing body to adopt the ordinance.
Under most state open-meetings laws, what is the minimum requirement before a governing body may convene a closed session?
Answer: A public announcement identifying the specific legal exception being invoked
Most open-meetings statutes require the governing body to publicly announce the specific statutory exception justifying the closed session before entering it.