legal issues

Which of the following is not specific to civil engineering?
Civil law
Public funded civil infrastructure
Public works projects
Publicly authorized expenditures

Civil Law

Which of the following does not involve a branch of a state government?
The Congress
The State Supreme Court
The General Assembly
The Governor

Congress

Which of the following does not involve the trial level?
Should the trial decision be overturned?
Deciding on issues of fact
Examination of witnesses
Jury decisions

Should the trial decision be overturned?

Which of the following involve a federal agency?
SHPO determinations
Enforcing ADA standards
Professional licensing of engineers
Licensing of business entities

Enforcing ADA standards

What is not typically required for federal agency rulemaking?
Notice
An opportunity for the public to be heard
Congressional approval
The inclusion of scientific evidence

Congressional approval

Which of the following is not a right typically associated with real property?
to destroy the property
to dispose of the property
to not be taken via eminent domain
to possess the property

to not be taken via eminent domain

Which of the following cannot be controlled via typical zoning?
restrict ownership due to income level
how far buildings are from the road
the use of the land
how many people can reside in a house per 1000 square feet

restrict ownership due to income level

Which issue is the least applicable to form-based zoning codes?
encourage connections within a place
emphasize public space sharing over private ownership
encourage driving
emphasize form over use

encourage driving

Which of the following is not true about Kelo v. New London?
Kelo was a homeowner who refused to sell to the city
The area in question was an economically distressed area
The City of New London used the power of eminent domain
The land acquired via eminent domain was for public necessity

The land acquired via eminent domain was for public necessity

Which of the following does not refer to the tragedy of the commons?
Finite resources are allocated more to private owners than public ones
Too much private ownership leads to the underutilization of resources
Limit the amount of public ownership
People have less incentive to take care of public/common areas

Too much private ownership leads to the underutilization of resources

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

valuation

What is not required by the 5th Amendment for eminent domain?
deprivation of liberty
public use
property has to be taken
due process

deprivation of liberty

Which of the following is the most controversial in terms of eminent domain use?
to build roads
to build public monuments
to build a private school
to acquire the right of way for public utilities

to build a private school

Which of the following is incorrect concerning just compensation?
use comparable sales figures to determine residential value
uses the fair market value
use potential for income generation to determine commercial value
land owner always receives less value via eminent domain than a private sale

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?
Public works projects are pervasive and are accessed by the public all the time
Many civil engineers work for public agencies who are viewed as deep pockets
We live in a litigious society
Tort reform requiring that a co defendant is jointly and severally liable only if > 51% at fault

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?
The plaintiff

Chambrot

Which of the following is not an example of a negligence element?
Duty imposed by the Green Book for proper geometric design of roadways
A person that was injured due to a slippery floor at the public library
Sovereign immunity of the state of Missouri
A construction manager not using reasonable care in providing for job site safety

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 are often targets of plaintiffs
They are the richest party involved
Public agencies are common examples of such
They have very few assets

They have very few assets

Which of the following discourages settlements?
Settling might still be viewed negatively
Litigation costs a lot of money and time
Settlements amounts are usually kept confidential and not revealed
The probability of successful litigation is low

Settling might still be viewed negatively

Which of the following is untrue about the statute of limitations?
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?
Demonstrate that sound engineering principles were applied so duty was not breached
Show that there is no cause of action according to the law
Show evidence that an engineer had notice of a safety problem and yet chose to disregard it
Present the design guidelines that were followed thus establishing duty

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?
It is difficult to perform civil engineering with someone looking the shoulder all the time
Gather information to establish a waiver of sovereign immunity
Gather information to improve the safety of civil infrastructure
Collect information as part of federal mandates

Gather information to establish a waiver of sovereign immunity

Which of the following is untrue about sunshine laws in general?
Reasonable fees may be charged to fulfill sunshine law requests
It applies to private companies working on private projects
It is intended to inform the public and to provide accountability on the part of the government
Emails and other forms of electronic communications are part of the scope of sunshine laws

It applies to private companies working on private projects

Which of the following is the most likely scenario under 23 U.S.C. 409?
Information used for improving an at-grade railroad intersection was protected from use in civil litigation
A newspaper reporter was prevented from seeing safety records
Safety-related documents were kept private
A list of high-crash locations in a city was re-classified as non-public

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?
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