Legal Issues Exam 2

which of the following is the least likely to be a CE

a) minor land acquisition for adding signs and pavement markings on Rock Quarry Rd.

b) elderly and disabled accessible alterations to the Wabash bus station

c) acquisition of scenic easements along I-70

d) CoMo Shortline track and railbed maintenance and improvement with additional right of way

d) CoMo Shortline track and railbed maintenance and improvement with additional right of way

what is not a potential outcome of EA?

a) EIS

b) categorical exclusion environmental study

c) FONSI

b) categorical exclusion environmental study

what is the typical sequence of an EIS?

a) circulate draft EIS, NOI, public comments, ROD

b) NOI, circulate draft EIS, public comments, ROD

c) NOI, public comments, circulate draft EIS, ROD

d) Notice of Intent, Final EIS, public comments, ROD

b) NOI, circulate draft EIS, public comments, ROD

which of the following is untrue about resource-specific environmental laws?

a) they are not tied to federal funding unlike NEPA

b) they involve resources such as wildlife, waters of the US, and air

c) they could involve permitting, such as obtaining a Section 404 permit from the Corps

d) they are all satisfied via the NEPA planning process

d) they are all satisfied via the NEPA planning process

which of the following is not a resource-specific environmental law covered in the lecture video?

a) environmental justice in the fair treatment of all peoples regardless of race, color, or income

b) superfund law

c) environmental planning and zoning law

d) clean Air Act which even governs noise pollution

c) environmental planning and zoning law

Which of the following is not common for design-bid-build contracting?

- Design performed by in-house engineers

- Awarding of the construction to a low bid contractor

- A lump sum is given to the contractor

- Design contracted out to an engineering design firm

A lump sum is given to the contractor

What's untrue about safety and sound?

- The bridges built were short bridges in rural locations

- Public involvement was a criterion used in evaluating bids

- DBFM was used

- For a bid to be evaluated, minimum requirements for DBE and OJT had to be met

DBFM was used

Which of the following contracting techniques does not alter the length of the contract?

- I/D contracting

- Desing-bid-build

- A+B

- Design-Build (DB)

Design-bid-build

Which of the following is not related to liquidated damages?

- The establishment of the actual damages incurred by the breach of contract

- I/D amount used in an I/D contract

- Estimate the harm caused by a future breach of contract

- Used to encourage timely completion

The establishment of the actual damages incurred by the breach of contract

Which of the following is the best example of allocation of risk?

- Having a highly complex contracting process

- have the contractor alone bear any increases in the price of materials

- The owner's capacity to bond

- Allow contractor more control of the design

Have the contractor alone bear any increases in the price of materials

Which of the following is the least essential to existence of a contract?

- A bargained for exchange

- A promise

- Memorialized in writing

- Legally enforceable

Memorialized in writing

Which of the following refers to a contract implied by the conduct of the parties?

- Implied-in-fact

- Express

- Implied-in-law

- Written

Implied-in-fact

Assume an owner did not obtain the required permits for construction to proceed. What is the defense that best represents this situation?

- Prevention

- Frustration of purpose

- Hindrance

- Unconscionable

Hindrance

Which of the following is true of the Hyatt Regency walkway collapse?

- The engineers design was difficult to build properly

- The engineers failed to implement the design specified in the code book

- The engineers failed to use a level of care that is common of all residential and commercial projects

- The design was a custom design that had to be properly designed and checked

The design was a custom design that had to be properly designed and checked

Which of the following is untrue about the Hyatt Regency walkway collapse?

- GCE Corporation was vicariously liable for the conduct of it's employees

- Gillum failed to design properly

- Gillum failed to properly review the work of others

- Duncan failed to design properly review the work of others

Gillum failed to design properly

What is untrue about the composition of the Missouri Board as it relates to the professional engineering division?

- US citizenship is not a requirement

- A member has to be a licensed professional engineer in Missouri

- Professors may serve on the board as teaching is considered active practice of engineering

- A member has to have at least ten years of practicing engineering experience

Us citizenship is not a requirement

Which of the following in untrue about the powers and duties of the Missouri Board in working with the courts to enforce the rules concerning professional licensing?

- The Board may ask the court to keep an authorized person from practicing engineering whenever the Board deems the person to be inefficient

- The Board may publish and enforce the rules related to professional conduct

- The Board may set the standards for competence in engineering

-In MSPE v. Henigman, Missouri's attorney general represented the State to prevent unauthorized professional practice

The Board may ask the court to keep an authorized person from practicing engineering whenever the Board deems the person to be inefficient

Which fo the following is allowed practice in Missouri?

- To practice engineering without a license as long as no compensation is received

- To use another person's license as long as it is in the same company

- For a train conductor to practice engineering

- To practice engineering without a license but under the direction and supervision of a professional engineer

To practice engineering without a license but under the direction and supervision of a professional engineer

Which of the following is the least applicable to video surveillance?

- computer memory for storage

- optical zoom

- automated video processing

- LBS

LBS

Which of the following is the least concerning to surveillance?

- Deriving useful data for civil engineering applications

- Causing embarrassment to someone

- Theft of information

- Identification of a private individual in a public space

Deriving useful data for civil engineering applications

Which for the following is incorrect concerning constitutional law?

- The Griswalds decision created a right of privacy from the penumbral emanations of various parts of the Constitution

- Individuals have a fourth-amendment-supported expectation of privacy when being in public spaces

- Chilling effect refers to someone refraining from enjoying his/her first amendment freedoms because he/she is watched

- Using cameras to survey public property is not an unreasonable search under the fourth amendment

Individuals have a fourth-amendment-supported expectation of privacy when being in public spaces

Which for the following is incorrect about federal statutes/agencies?

- The FTC has powers to protect consumers against deception

- FISA restricts the use of surveillance data to terrorism only

- According to the TRPPA, it is illegal to use a pretext to obtain confidential phone records

- The ECPA only applies to audio and not video

FISA restricts the use of surveillance data to terrorism only

Which of the following most directly relate to the tort case of intrusion upon seclusion only?

- Publicly disclosing private facts

- The breach of duty of confidentiality

- An unauthorized disclosure of protected personal information

- A highly offensive intentional viewing of private information

A highly offensive intentional viewing of private information

Which of the following is the least appropriate motivation for being familiar with public works financing?

- Public works has a tremendous impact on the economic vitality of communities

- The number and types of public works are pervasive

- Most civil engineers work on public work projects

- Public works financing is only the domain of the political process and elected officials

Public works financing is only the domain of the political process and elected officials

Which of the following contributed the least to the current national infrastructure funding crisis?

- As a society, we've grown accustomed to a certain level of infrastructure quality without the willingness to support the funding

- The cost of labor and materials increase over time eroding the purchasing power of money

- Population growth has led to an increase in demand for public infrastructure

- Economic downturn, such as those due to the COVID-19 crisis, reduced infrastructure demand in certain areas such as transportation

Economic downturn, such as those due to the COVID-19 crisis, reduced infrastructure demand in certain areas such as transportation

Which of the following is the least problematic in terms of transportation infrastructure financing?

- Advances in technology has resulted in less polluting vehicles

- The tragedy of the commons promotes the notion that people are less willing to pay for public infrastructure

- Advances in technology has resulted in more fuel efficient vehicles (e.g. hybrid and electric vehicles) eroding the amount of gas tax

- Transportation is subsidized because externalities like pollution or traffic incident management is not paid for directly via transportation-related taxes

Advances in technology has resulted in less polluting vehicles

Which of the following is the least important goal for public infrastructure?

- Ensure that non-renewable energy sources are not exhausted for future generations

- Promote fairness so that the mobility needs of all peoples are met

- Further the dominance of cars as the preferred transportation mode for all peoples

- Improve the efficiency of transportation systems and to reduce congestion and delays

Further the dominance of cars as the preferred transportation mode for all peoples

Which of the following is untrue about the national Highway Trust Fund (HTF)?

- The HTF is a source of funding for the interstate highway system

- The HTF is funded by both gasoline and diesel fuel taxes

- The state of Missouri has one of the lowest gas tax rates in the U.S.

- The federal HTF is funded in large part by federal income taxes

The federal HTF is funded in large part by federal income taxes

Which of the following local financing options is the least directly tied to transportation?

- Development exactions arising from the increase in transportation demand

- Transportation Development District funding using sales taxes

- Implementing a VMT fee system

- Increase in bonding capability for improving transportation infrastructure

Transportation Development District funding using sales taxes

Which of the following is not allowed according to the federal toll road laws discussed in class?

- All federal requirements, such as Buy America, need to be complied with

- Adding tolling to a highway that is not part of the Interstate System

- Conversion of a bridge into a toll facility

- Toll revenues can be used for the profit of the private partner first before servicing debt

Toll revenues can be used for the profit of the private partner first before servicing debt

In which of the following does the owner NOT operate the facility?

- Design Bid Build

- Design-Build Finance Operate

- Build-Operate-Transfer

- Build-Own-Operate

Design Bid Build

Which of the following is the least applicable to issues related to right-of-way/land?

- Sovereign immunity may or may not apply to P3s to shield the entity from tort liability

- The public owner might have to take care of all land-related acquisitions

- States could have passed laws to restrict the use of eminent domain on P3 projects

- P3s might not be able to use the power of condemnation

Sovereign immunity may or may not apply to P3s to shield the entity from tort liability

Which of the following is the least likely to be a CE

CoMo Shortline track and railbed maintenance and improvement with additional right of way

What is not a potential outcome of EA?

categorical exclusion environmental study

What is the typical sequence of an EIS?

NOI, circulate draft EIS, public comments, ROD

Which of the following is untrue about resource-specific environmental laws?

They are all satisfied via the NEPA planning process

Which of the following is not a resource-specific environmental law covered in the lecture video?

Environmental planning and zoning law

Which of the following is not common for design-bid-build contracting?

A lump sum is given to the contractor

What's untrue about Safety & Sound?

DBFM was used

Which of the following contracting techniques does not alter the length of the contract?

Design-bid-build

Which of the following is not related to liquidated damages?

The establishment of the actual damages incurred by the breach of contract

Which of the following is the best example of allocation of risk?

Have the contractor alone bear any increases in the price of materials

Which of the following is the least essential to the existence of a contract?

Memorialized in writing

Which of the following refers to a contract implied by the conduct of the parties?

Implied-in-fact

Assume an owner did not obtain the required permits for construction to proceed. What is the defense that best represents this situation?

Hindrance

Which of the following is true of the Hyatt Regency walkway collapse?

The design was a custom design that had to be properly designed and checked

Which of the following is untrue about the Hyatt Regency walkway collapse?

Gillum failed to design properly

What is untrue about the composition of the Missouri Board as it relates to the professional engineering division?

US citizenship is not a requirement

Which of the following in untrue about the powers and duties of the Missouri Board in working with the courts to enforce the rules concerning professional licensing?

The Board may ask the court to keep an authorized person from practicing engineering whenever the Board deems the person to be inefficient

Which of the following is allowed practice in Missouri?

To practice engineering without a license but under the direction and supervision of a professional engineer

Which of the following is the least applicable to video surveillance?

LBS

Which of the following is the least related to surveillance?

Deriving useful data for civil engineering purposes

Which of the following is incorrect concerning constitutional law?

Individuals have a fourth-amendment-supported expectation of privacy when being in public spaces

Which of the following is incorrect about federal statutes/agencies?

FISA restricts the use of surveillance data to terrorism only

Which of the following most directly relate to the tort case of intrusion upon seclusion only?

A highly offensive intentional viewing of private information

Which of the following is the least appropriate motivation for being familiar about public works financing?

Public works financing is only the domain of the political process and elected officials

Which of the following contributed the least to the current national infrastructure funding crisis?

Economic downturn, such as those due to the COVID-19 crisis, reduced infrastructure demand in certain areas such as transportation

Which of the following is the least problematic in terms of transportation infrastructure financing?

Advances in technology has resulted in less polluting vehicles

Which of the following is the least important goal for public infrastructure?

Further the dominance of cars as the preferred transportation mode for all peoples

Which of the following is untrue about the national Highway Trust Fund (HTF)?

The federal HTF is funded in large part by federal income taxes

Which of the following local financing options are the least directly tied to transportation?

Transportation Development District funding using sales taxes

Which of the following is not allowed according to the federal toll road laws discussed in class?

Toll revenues can be used for the profit of the private partner first before servicing debt

In which of the following does the owner operate the facility?

Design Bid Build

Which of the following is the least applicable to issues related to right-of-way/land?

Sovereign immunity may or may not apply to P3s to shield the entity from tort liability

Which of the following is not common for design-bid-build contracting?

A lump sum is given to the contractor

Design contracted out to an engineering design firm

Awarding of the construction to a low bid contractor

Design performed by in-house engineers

A lump sum is given to the contractor

What's untrue about Safety & Sound?

The bridges built were short bridges in rural locations

DBFM was used

For a bid to be evaluated, minimum requirements for DBE and OJT had to be met

Public involvement was a criterion used in evaluating bids

DBFM was used

Which of the following contracting techniques does not alter the length of the contract?

DB

I/D contracting

A+B

Design-bid-build

Design-bid-build

Which of the following is not related to liquidated damages?

I/D amount used in an I/D contract

The establishment of the actual damages incurred by the breach of contract

Used to encourage timely completion

Estimate the harm caused by a future breach of contract

The establishment of the actual damages incurred by the breach of contract

Which of the following is the best example of allocation of risk?

Having a highly complex contracting process

Allow contractor more control of the design

The owner's capacity to bond

Have the contractor alone bear any increases in the price of materials

Have the contractor alone bear any increases in the price of materials

Which of the following is the least essential to the existence of a contract?

A promise

Memorialized in writing

Legally enforceable

A bargained for exchange

Memorialized in writing

Which of the following refers to a contract implied by the conduct of the parties?

Express

Written

Implied-in-law

Implied-in-fact

Implied-in-fact

Assume an owner did not obtain the required permits for construction to proceed. What is the defense that best represents this situation?

Unconscionable

Frustration of purpose

Hindrance

Prevention

Hindrance

Which of the following is true of the Hyatt Regency walkway collapse?

The engineers design was difficult to build properly

The engineers failed to implement the design specified in the code book

The design was a custom design that had to be properly designed and checked

The engineers failed to use a level of care that is common of all residential and commercial projects

The design was a custom design that had to be properly designed and checked

Which of the following is untrue about the Hyatt Regency walkway collapse?

Gillum failed to properly review the work of others

Duncan failed to design properly and to perform the necessary tests and calculations

GCE Corporation was vicariously liable for the conduct of its employees

Gillum failed to design properly

Gillum failed to design properly

What is untrue about the composition of the Missouri Board as it relates to the professional engineering division?

A member has to be a licensed professional engineer in Missouri

US citizenship is not a requirement

A member has to have at least ten years of practicing engineering experience

Professors may serve on the board as teaching is considered active practice of engineering

US citizenship is not a requirement

Which of the following in untrue about the powers and duties of the Missouri Board in working with the courts to enforce the rules concerning professional licensing?

In MSPE v. Henigman, Missouri's attorney general represented the State to prevent unauthorized professional practice

The Board may publish and enforce the rules related to professional conduct

The Board may ask the court to keep an authorized person from practicing engineering whenever the Board deems the person to be inefficient

The Board may set the standards for competence in engineering

The Board may ask the court to keep an authorized person from practicing engineering whenever the Board deems the person to be inefficient

Which of the following is allowed practice in Missouri?

To practice engineering without a license as long no compensation is received

For a train conductor to practice engineering

To use another person's license as long as it is in the same company

To practice engineering without a license but under the direction and supervision of a professional engineer

To practice engineering without a license but under the direction and supervision of a professional engineer

Which of the following is the least applicable to video surveillance?

LBS

Computer memory for storage

Optical zoom

Automated video processing

LBS

Which of the following is the least related to surveillance?

Deriving useful data for civil engineering purposes

Theft of information

Causing embarrassment to someone

Identification of a private individual in a public space

Deriving useful data for civil engineering purposes

Which of the following is incorrect concerning constitutional law?

Using cameras to survey public property is not unreasonable search under the fourth amendment

Chilling effect refers to someone refraining from enjoying his/her first amendment freedoms because he/she is watched

Individuals have a fourth-amendment-supported expectation of privacy when being in public spaces

The Griswalds decision created a right of privacy from the penumbral emanations of various parts of the Constitution

Individuals have a fourth-amendment-supported expectation of privacy when being in public spaces

Which of the following is incorrect about federal statutes/agencies?

According to the TRPPA, it is illegal to use a pretext to obtain confidential phone records

The FTC has powers to protect consumers against deception

The ECPA only applies to audio and not video

FISA restricts the use of surveillance data to terrorism only

FISA restricts the use of surveillance data to terrorism only

Which of the following most directly relate to the tort case of intrusion upon seclusion only?

The breach of a duty of confidentiality

Publicly disclosing private facts

An unauthorized disclosure of protected personal information

A highly offensive intentional viewing of private information

A highly offensive intentional viewing of private information

Which of the following is the least appropriate motivation for being familiar about public works financing?

Public works financing is only the domain of the political process and elected officials

The number and types of public works are pervasive

Public works has tremendous impact on the economic vitality of communities

Most civil engineers work on public works projects

Public works financing is only the domain of the political process and elected officials

Which of the following contributed the least to the current national infrastructure funding crisis?

Economic downturn, such as those due to the COVID-19 crisis, reduced infrastructure demand in certain areas such as transportation

The cost of labor and materials increase over time eroding the purchasing power of money

Population growth has led to an increase in demand for public infrastructure

As a society, we've grown accustomed to a certain level of infrastructure quality without the willingness to support the funding

Economic downturn, such as those due to the COVID-19 crisis, reduced infrastructure demand in certain areas such as transportation

Which of the following is the least problematic in terms of transportation infrastructure financing?

Advances in technology has resulted in less polluting vehicles

The tragedy of the commons promotes the notion that people are less willing to pay for public infrastructure

Advances in technology has resulted in more fuel efficient vehicles (e.g. hybrid and electric vehicles) eroding the amount of gas tax

Transportation is subsidized because externalities like pollution or traffic incident management is not paid for directly via transportation-related taxes

Advances in technology has resulted in less polluting vehicles

Which of the following is the least important goal for public infrastructure?

Improve the efficiency of transportation systems and to reduce congestion and delays

Further the dominance of cars as the preferred transportation mode for all peoples

Ensure that non-renewable energy sources are not exhausted for future generations

Promote fairness so that the mobility needs of all peoples are met

Further the dominance of cars as the preferred transportation mode for all peoples

Which of the following is untrue about the national Highway Trust Fund (HTF)?

The federal HTF is funded in large part by federal income taxes

The state of Missouri has one of the lowest gas tax rates in the U.S.

The HTF is funded by both gasoline and diesel fuel taxes

The HTF is a source of funding for the interstate highway system

The federal HTF is funded in large part by federal income taxes

Which of the following local financing options are the least directly tied to transportation?

Increase in bonding capability for improving transportation infrastructure

Development exactions arising of the increase in transportation demand

Transportation Development District funding using sales taxes

Implementing a VMT fee system

Transportation Development District funding using sales taxes

Which of the following is not allowed according to the federal toll road laws discussed in class?

All federal requirements, such as Buy America, need to be complied with

Adding tolling to a highway that is not part of the Interstate System

Conversion of a bridge into a toll facility

Toll revenues can be used for the profit of the private partner first before servicing debt

Toll revenues can be used for the profit of the private partner first before servicing debt

In which of the following does the owner operate the facility?

Design Build Finance Operate

Design Bid Build

Build-Own-Operate

Build-Operate-Transfer

Design Bid Build

Which of the following is the least applicable to issues related to right-of-way/land?

Sovereign immunity may or may not apply to P3s to shield the entity from tort liability

States could have passed laws to restrict the use of eminent domain on P3 projects

The public owner might have to take care of all land-related acquisitions

P3s might not be able to use the power of condemnation

Sovereign immunity may or may not apply to P3s to shield the entity from tort liability

Which of the following statements is untrue concerning NEPA?

NEPA was enacted in 1970

NEPA is only significant at the federal level

One of NEPA's main policy goals is to reduce harm to the environment

NEPA's purpose is to promote harmony between human enjoyment of earth's resources and protecting the earth

NEPA is only significant at the federal level

What is not required of the NEPA process?

Consult with appropriate agencies with jurisdiction or expertise on environmental resources

Analyze the environmental impacts of proposed actions

Approval from the general public

Produce a record of the NEPA process and decision

Approval from the general public

Which of the following is not a NEPA pathway?

Categorical Exclusion

Environmental Assessment

Environmental Impact Statement

Environmental Analysis Study

Environmental Analysis Study

Which of the following is the least likely to be a CE

CoMo Shortline track and railbed maintenance and improvement with additional right of way

Elderly and disabled accessible alterations to the Wabash bus station

Minor land acquisition for adding signs and pavement markings on Rock Quarry Rd.

Acquisition of scenic easements along I-70

CoMo Shortline track and railbed maintenance and improvement with additional right of way

What is not a potential outcome of EA?

EIS

FONSI

categorical exclusion environmental study

categorical exclusion environmental study

What is the typical sequence of an EIS?

NOI, public comments, circulate draft EIS, ROD

Notice of Intent, Final EIS, public comments, ROD

NOI, circulate draft EIS, public comments, ROD

circulate draft EIS, NOI, public comments, ROD

NOI, circulate draft EIS, public comments, ROD

Which of the following is untrue about resource-specific environmental laws?

They are not tied to federal funding unlike NEPA

They involve resources such as wildlife, waters of the US, and air

They are all satisfied via the NEPA planning process

They could involve permitting, such as obtaining a Section 404 permit from the Corps

They are all satisfied via the NEPA planning process

Which of the following is not a resource-specific environmental law covered in the lecture video?

Environmental planning and zoning law

Superfund law

Clean Air Act which even governs noise pollution

Environmental justice in the fair treatment of all peoples regardless of race, color, or income

Environmental planning and zoning law