MMC Municipal Law & Governance 2 — Questions and Answers
Question 1: Under Dillon's Rule, a municipal corporation may exercise only those powers that are:
- Expressly granted, necessarily implied, or indispensable to declared objects (Correct answer)
- Convenient for local administration regardless of state authorization
- Approved by a majority vote of the local governing body
- Recognized by common law tradition for at least 50 years
Correct answer: Expressly granted, necessarily implied, or indispensable to declared objects
Dillon's Rule strictly limits municipal power to those expressly granted by the state, necessarily implied from granted powers, or essential to the municipality's declared purposes.
Question 2: A home rule charter gives a municipality the authority to:
- Override state statutes on matters of local concern (Correct answer)
- Levy taxes above state constitutional limits
- Ignore federal mandates within city limits
- Dissolve special districts without legislative approval
Correct answer: Override state statutes on matters of local concern
Home rule charters grant municipalities broad self-governance authority over local affairs, allowing them to legislate on matters of local concern even without specific state authorization.
Question 3: Which doctrine holds that a municipality cannot be held liable for acts performed in its governmental capacity?
- Sovereign immunity (Correct answer)
- Ultra vires doctrine
- Dillon's Rule
- Preemption doctrine
Correct answer: Sovereign immunity
Sovereign (governmental) immunity historically shielded municipalities from tort liability for governmental functions, though many states have partially waived this immunity by statute.
Question 4: An ordinance is considered 'ultra vires' when it:
- Exceeds the legal authority granted to the municipality (Correct answer)
- Fails to include an effective date
- Is not published in the official newspaper
- Lacks a severability clause
Correct answer: Exceeds the legal authority granted to the municipality
An ultra vires act is one beyond the legal powers of the governmental entity, making it void and unenforceable.
Question 5: In municipal law, a 'special act' is a state law that:
- Applies to a specific municipality by name or class (Correct answer)
- Governs all municipalities uniformly statewide
- Creates a new form of local government
- Grants emergency powers to the governor
Correct answer: Applies to a specific municipality by name or class
Special acts target one or a few named municipalities or a narrowly defined class, contrasted with general laws that apply statewide.
Question 6: Which of the following best describes the 'police power' of a municipality?
- Authority to regulate for the health, safety, morals, and general welfare of citizens (Correct answer)
- Power to enforce criminal law through a municipal police department
- Right to arrest and detain individuals without judicial review
- Exclusive authority over law enforcement within city boundaries
Correct answer: Authority to regulate for the health, safety, morals, and general welfare of citizens
Police power is the broad governmental authority to regulate private conduct and property to protect public health, safety, morals, and welfare.
Question 7: A municipality that acts without any legal authority is said to have acted:
- Ultra vires (Correct answer)
- Intra vires
- Quasi-judicial
- De facto
Correct answer: Ultra vires
Ultra vires actions are those taken outside the scope of granted legal authority and are generally void ab initio.
MMC Municipal Law & Governance 2
Under Dillon's Rule, a municipal corporation may exercise only those powers that are: