MMC Municipal Law & Governance 2

Question 1

Under Dillon's Rule, a municipal corporation may exercise only those powers that are:

Accepted Answer

Expressly granted, necessarily implied, or indispensable to declared objects

Answer

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:

Accepted Answer

Override state statutes on matters of local concern

Answer

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?

Accepted Answer

Sovereign immunity

Answer

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:

Accepted Answer

Exceeds the legal authority granted to the municipality

Answer

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:

Accepted Answer

Applies to a specific municipality by name or class

Answer

Special acts target one or a few named municipalities or a narrowly defined class, contrasted with general laws that apply statewide.

(MMC) Master Municipal Clerk Certification Practice Test

(MMC) Master Municipal Clerk Certification Practice Test

MMC Municipal Law & Governance 2