Master LI Exam1

Which of the following is not specific to civil engineering?

Civil law

Which of the following does not involve a branch of a state government?

The Congress

Which of the following does not involve the trial level?

Should the trial be overturned?

Which of the following involve a federal agency?

Enforcing ADA standards

What is not typically required for federal agency rulemaking?

Congressional approval

Which of the following is not a right typically associated with real property?

to not be taken via eminent domain

Which of the following cannot be controlled via typical zoning?

restrict ownership due to income level

Which issue is the least applicable to form-based zoning codes?

encourage driving

Which of the following is untrue concerning the topic of urban sprawl?

it is a legal issue with no public policy implications

Which of the following is not a definition of urban sprawl?

the redevelopment of high-density downtown areas

Which of the following is not a sprawl tradeoff corresponding directly to cost?

commuting longer distance (i.e. remaining in cars) leads to worse public health

Which of the following is not true about Kelo v. New London?

The land acquired via eminent domain was for public necessity

Which of the following does not refer to the tragedy of the commons?

Too much private ownership leads to the underutilization of resources

Which of the following is the typical order in which eminent domain occurs?

planning

What is not required by the 5th Amendment for eminent domain?

deprivation of liberty

Which of the following is the most controversial in terms of eminent domain use?

to build a private school

Which of the following is incorrect concerning just compensation?

land owner always receives less value via eminent domain than a private sale

Which of the following has the least effect on increasing tort risk?

Tort reform requiring that a co defendant is jointly and severally liable only if > 51% at fault

Which of the following is untrue about the Chambrot case?

City had jurisdiction over the intersection at which Chambrot was injured

Which of the following is not an example of a negligence element?

Sovereign immunity of the state of Missouri

Assume joint and several liability applies according to the 2005 tort reform in Missouri. Assume that the city of Columbia

a defendant

Which of the following applies to judgment proof defendants?

They have very few assets

Which of the following discourages settlements?

Settling might still be viewed negatively

Which of the following is untrue about the statute of limitations?

It's purpose is to reduce the amount of litigation since the courts are too clogged

What could a clear paper trail from an engineer not do in the context of tort litigation?

Show that there is no cause of action according to the law

Which of the following statements is untrue concerning NEPA?

NEPA is only significant at the federal level

What is not required of the NEPA process?

Approval from the general public

Which of the following is not a NEPA pathway?

Environmental Analysis Study

"civil" definition

of or relating to ordinary citizens and their concerns

Difference between civil and criminal law

civil- involves redress of wrongs via compensation
criminal: involves punishing the wrongdoer

Executive Branch

the branch of government that enforces the law

Legislative Branch

the branch of government that makes the laws

Judicial Branch

Branch of government that decides if laws are carried out fairly/interprets

what can zoning control?

land use

Besides zoning

how else can land use be controlled?

Good reasons for zoningn regulations?

To protect and promote:

• health
• safety
• general welfare of the community

Defien urban sprawl

spreading of urban development on undeveloped land near a city

"leap frog"

unplanned growth of cities

Urban Sprawl: LA or STL

population density
LA: 6k
STL: 3k

5th Amendment

nor be deprived of life

nor shall private property be taken_ for public use__

without compensation."

Which of the following is not specific to civil engineering?

Civil law

Which of the following does not involve a branch of a state government?

The Congress

Which of the following does not involve the trial level?

Should the trial be overturned?

Which of the following involve a federal agency?

Enforcing ADA standards

What is not typically required for federal agency rulemaking?

what is not contained in the weekly modules?

a) course syllabus
b) lecture video
c) quizzes on lecture material
d) skeletal lecture slides

a) course syllabus

which of the following is not specific to engineering?

a) public funded civil infrastructure
b) publicly authorized expenditures
c) civil law
d) public works projects

c) civil law

which of the following does NOT involve a branch of STATE government?

a) the State Supreme Court
b) the Governor
c) the General Assembly
d) the Congress

d) the Congress

which of the following does NOT involve the trial level?

a) examination of witnesses
b) should the trial decision be overturned?
c) jury decisions
d) deciding on issues of fact

b) should the trial decision be overturned

which of the following involve a federal agency?

a) SHPO determinations
b) professional licensing of engineers
c) licensing of business entities
d) enforcing ADA standards

d) enforcing ADA standards

what is typically not required for federal agency rulemaking?

a) congressional approval
b) the inclusion of scientific evidence
c) notice
d) an opportunity for the public to be heard

a) congressional approval

which of the following is not a right typically associated with real property?

a) to not be taken via eminent domain
b) to dispose of the property
c) to possess the property
d) to destroy the property

a) to not be taken via eminent domain

which of the following cannot be controlled via typical zoning?

a) how far buildings are from the road
b) the use of the land
c) restrict ownership due to income level
d) how many people can reside in a house per 1000 square feet

c) restrict ownership due to income level

which issue is the least applicable to form-based zoning codes?

a) emphasize public space sharing over private ownership
b) encourage driving
c) emphasize form over use
d) encourage connections within a place

b) encourage driving

which of the following is untrue concerning the topic of urban sprawl?

a) it is related to the planning of communities
b) it is related to land-use and zoning restrictions
c) it is related to residential and commercial site development
d) it is a legal issue with no public policy implications

d) it is a legal issue with no public policy implications

which of the following is not a definition of urban sprawl?

a) urban developments spread out on undeveloped land near a city
b) the redevelopment of high-density downtown areas
c) leap-frog growth of a city that is unplanned
d) rate of land use exceed the rate of population growth

b) the redevelopment of high-density downtown areas

which of the following is not a sprawl tradeoff corresponding directly to cost?

a) water becomes more expensive at the periphery because of longer pipe lengths
b) commuting longer distance (i.e. remaining in cars) leads to worse public health
c) more land typically results in higher property taxes
d) infrastructure costs decrease when away from the city core

b) commuting longer distance (i.e. remaining in cars) leads to worse public health

which of the following is not true about Kelo v. New London?

a) kelo was a homeowner who refused to sell to the city
b) the area in question was an economically distressed area
c) the land acquired via eminent domain was for public necessity
d) the City of New London used the power of eminent domain

c) the land acquired via eminent domain was for public necessity

which of the following does not refer to the tragedy of the commons?
a) too much private ownership leads to the underutilization of resources
b) finite resources are allocated more to private owners than public ones
c) limit the amount of public ownership
d) people have less incentive to take care of public/common areas

a) too much private ownership leads to the underutilization of resources

which of the following is the typical order in which eminent domain occurs?

a) planning

valuation

what is not required by the 5th Amendment for eminent domain?

a) property has to be taken
b) due process
c) deprivation of liberty
d) public use

c) deprivation of liberty

which of the following is the most controversial in terms of eminent domain use?

a) to acquire the right of way for public utilities
b) to build a private school
c) to build public monuments
d) to build roads

b) to build a private school

which of the following is incorrect concerning just compensation?

a) use comparable sales figures to determine residential value
b) use potential for income generation to determine commercial value
c) uses the fair market value
d) land owner always receives less value via eminent domain than a private sale

d) land owner always receives less value via eminent domain than a private sale

which of the following has the least effect on increasing tort risk?

a) many civil engineers work for public agencies who are viewed as deep pockets
b) we live in a litigious society
c) public works projects are pervasive and are accessed by the public all the time
d) tort reform requiring that a co defendant is jointly and severally liable only if > 51% at fault

d) tort reform requiring that a co defendant is jointly and severally liable only if > 51% at fault

which of the following is untrue about the Chambrot case?

a) a vehicle driven by a private party

Pope

which of the following is not an example of a negligence element?

a) a construction manager not using reasonable care in providing for job site safety
b) a person that was injured due to a slippery floor at the public library
c) duty imposed by the Green Book for proper geometric design of roadways
d) sovereign immunity of the state of Missouri

d) sovereign immunity of the state of Missouri

assume joint and several liability applies according to the 2005 tort reform in Missouri. Assume that the city of Columbia

a defendant

which of the following applies to judgment proof defendants?

a) they are often targets of plaintiffs
b) they have very few assets
c) public agencies are common examples of such
d) they are the richest party involved

b) they have very few assets

which of the following discourages settlements?

a) litigation costs a lot of money and time
b) settling might still be viewed negatively
c) settlements amounts are usually kept confidential and not revealed
d) the probability of successful litigation is low

b) settling might still be viewed negatively

which of the following is untrue about the statute of limitations?

a) a statute of limitations allows companies to have the peace of mind that what occurred before the SOL will not come back and haunt them
b) it's purpose is to reduce the amount of litigation since the courts are too clogged
c) with the passage of time evidence is lost

witnesses' memories fade

what could a clear paper trail from an engineer not do in the context of tort litigation?

a) present the design guidelines that were followed thus establishing duty
b) show that there is no cause of action according to the law
c) demonstrate that sound engineering principles were applied so duty was not breached
d) show evidence that an engineer had notice of a safety problem and yet chose to disregard it

b) show that there is no cause of action according to the law

which of the following issues about information would not be to a civil engineer's advantage?

a) it is difficult to perform civil engineering with someone looking the shoulder all the time
b) gather information to establish a waiver of sovereign immunity
c) collect information as part of federal mandates
d) gather information to improve the safety of civil infrastructure

b) gather information to establish a waiver of sovereign immunity

which of the following is untrue about sunshine laws in general?

a) reasonable fees may be charged to fulfill sunshine law requests
b) emails and other forms of electronic communications are part of the scope of sunshine laws
c) it is intended to inform the public and to provide accountability on the part of the government
d) it applies to private companies working on private projects

d) it applies to private companies working on private projects

which of the following is the most likely scenario under 23 U.S.C. 409?

a) safety-related documents were kept private
b) a list of high-crash locations in a city was re-classified as non-public
c) information used for improving an at-grade railroad intersection was protected from use in civil litigation
d) a newspaper reporter was prevented from seeing safety record

c) information used for improving an at-grade railroad intersection was protected from use in civil litigation

which of the following statements is untrue concerning NEPA?

a) one of NEPA's main policy goals is to reduce harm to the environment
b) NEPA's purpose is to promote harmony between human enjoyment of earth's resources and protecting the earth
c) NEPA was enacted in 1970
d) NEPA is only significant at the federal level

d) NEPA is only significant at the federal level

what is not required of the NEPA process?

a) consult with appropriate agencies with jurisdiction or expertise on environmental resources
b) produce a record of the NEPA process and decision
c) analyze the environmental impacts of proposed actions
d) approval from the general public

d) approval from the general public

which of the following is not a NEPA pathway?

a) Categorical Exclusion
b) Environmental Analysis Study
c) Environmental Impact Statement
d) Environmental Assessment

b) Environmental Analysis Study

T/F
Federalism refers to the relationship between the federal government and the states

true

Your firm

Mizzou Engineers

Ideally

what is the order that Crikey would like to follow for developing the farm site?

a) planning

civil

of or relating to ordinary citizens and their concerns

• civil infrastructure is publicly funded

public works

public buildings

civil vs criminal law

Civil Law - involves a dispute between 2 parties where there is a redress of wrongs via compensation

Criminal Law - involves punishing the wrongdoer who wronged the state

branches of government

Executive - enforces the law
regulations - code of federal regulations (CFR)
Federal: President
State: Governor

Legislative - enacts statutory law
regulations - united states code (USC)
Federal: House and Senate
State: General Assembly

statutory law vs common law

enacted law - constitutional provisions

laws vs regulations (rules)

laws - legislative branch

Federal Agencies

• Equal Employment Opportunity Commission (EEOC): labor discrimination

• Securities and Exchange Commission: financial disclosures

• Department of Housing and Urban development: residential financing

• Small Business Administration: disadvantaged subcontractor

• Department of Agriculture: farmland acquisition

-Department of Justice: American Disabilities Act (ADA) enforcement

• Department of Interior: tribal lands

• Department of Transportation: roads and bridges

• Army Corps of Engineers: waters of the US

State and Local Regulatory Agencies

• Department of Natural Resources: State Historic Preservation Officer (SHPO) making Section 106 determination

• Department of Conservation: identifying endangered species and working with federal agencies

• Department of Transportation: providing federal and state grant oversight

• Division of Professional Registration: PE licensing

• Secretary of State: business licensing

• Metropolitan Planning Organizations: Mid-America Regional Council helping to administer project funding

Agency Rule-making process for developing and implementing new rules (regulations)

1) authority for rule-making
2) notice of proposed rule-making
3) public and other stakeholders comments
4) final decision based on comments

Alternative Dispute Resolution (ADR)

most cases fall on the consensual side

NEPA

purpose: to declare a national policy which will encourage productive and enjoyable harmony between man and his environment

promote efforts which will prevent or eliminate damage to environment

goals:
1) protection
2) maintenance
3) enhancement

• umbrella law for the environmental laws

  • projects still need to meet individual laws that are independent of NEPA

• must consider the environmental impact of a proposed federal action

scope:

• there are close connections between federal and state agencies
• public works financing involves the federal government
• if you take federal $

you have to meet federal requirements

process:
1) consider the potential environment consequences of proposals

• potential environmental effects
• public needs (roads

categorical exclusion (CE)

NEPA pathway

• MOST DESIRABLE

no specific environmental impacts

• minimal documentation and analysis
• quickest route to implementation
• majority of NEPA projects

environmental assessment (EA)

NEPA pathway

significant environmental impacts are unknown

• determine whether an EIS is necessary

Deliverables:

• discuss need for project
• evaluate alternatives
• analysis of impacts
• sufficient evidence
• listing of agencies consulted
• provide notice to public

environmental impact statement (EIS)

a document outlining the scope and purpose of a development project

Clean Water Act

• storm and erosion control
• regulate discharge of dredged or fill material into navigable waters

USACE (army corps) permitting:
Section 404 - dredge or fill
Section 402 - pollution discharge

Endangered species Act

identifies threatened and endangered species in the US and puts their protection ahead of economic considerations

Section 10 - permits for CEE construction

• US Fish and Wildlife Services (USFWS)
• National Marine Fisheries Service (NMFS)

National Historic Preservation Act Section 106

protect historical

Section 4(f) of the Department of Transportation (DOT) Act

the Federal Highway Administration (FHWA) and other DOT agencies cannot approve use of publicly owned land