CMC Legal & Legislative Processes 2

Question 1

What is the legal term for a formal written order issued by a court directing a public official to perform a ministerial duty?

Accepted Answer

Mandamus

Answer

A writ of mandamus compels a public official or government body to perform a duty that is purely ministerial and clearly defined by law.

Question 2

Under the Sunshine Law concept, which situation typically requires a public meeting rather than a closed session?

Accepted Answer

Approval of the annual municipal budget

Answer

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.

Question 3

Which doctrine holds that a municipal ordinance is void if it conflicts with state law on the same subject?

Accepted Answer

Preemption

Answer

The preemption doctrine provides that state law supersedes conflicting local ordinances, rendering the local law void to the extent of the conflict.

Question 4

A municipal clerk discovers that a resolution was adopted without the required quorum present. The resolution is best described as:

Accepted Answer

Void ab initio

Answer

An action taken without the legally required quorum is void ab initio — invalid from the beginning and of no legal effect.

Question 5

What is the purpose of a severability clause in a municipal ordinance?

Accepted Answer

To preserve the remainder of the ordinance if one provision is found invalid

Answer

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.

(CMC) Certified Municipal Clerk Practice Test

(CMC) Certified Municipal Clerk Practice Test

CMC Legal & Legislative Processes 2