Attorney General Opinion No 1987 097

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Attorney General Opinion No. 1987-097

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-097 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-097 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of the Board of State Fair Managers are state employees for purposes of the Kansas Tort Claims Act. As such, except as provided in K.S.A. 75-6104, they are subject to suit for claims arising out of their wrongful acts. Members who have been held liable for damages occurring within the scope of their employment shall be indemnified by the state, though in the event the employee has acted with actual fraud or malice or has failed to cooperate in the defense, the state is entitled to repayment of any amounts paid out. The board is given authority to regulate and control fairground use. While the sale and consumption of intoxicating liquors are generally prohibited on public property, the prohibition does not extend to cereal malt beverages. Therefore, as long as the statutory and regulatory requirements are met, the board may authorize Sunday sales of cereal malt beverages on the fairgrounds. Cited herein: K.S.A. 2-139; 2-202, as amended by 1987 Senate Bill No. 3, Sec. 7; 2-205, as amended by 1987 Senate Bill No. 3, Sec. 10; 41-102(b), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 54; 41-2704(a), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 4; 74-520, as amended by 1987 Senate Bill No. 3, Sec. 3; 74-521, as amended by 1987 Senate Bill No. 3, Sec. 20; 75-6101, 75-6102(d); 75-6104, amended by 1987 House Bill No. 2023, Sec. 3; 75-6105(c); 75-6109; 1987 House Bill No. 2615, Sec. 4(b)(2).

Opinions of the Attorney General of California

Author : California. Office of the Attorney General
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Attorney General Opinion No. 1988-097

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-097 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-097 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.

Attorney General Opinion No. 1987-106

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-106 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 73-1218 provides that every state-supported institution of post-high school education "shall" provide enrollment, without charge of tuition or fees, to any eligible dependent of a person who died as a result of a service-connected disability suffered during the Vietnam conflict. The legislature's intent and purpose for drafting this statute was to allow a̲l̲l̲ eligible dependents to attend state postsecondary institutions free of charge. Neither K.S.A. 73-1218, nor K.A.R. 97-5-1, the regulation which addresses the procedure to be followed in applying for benefits under K.S.A. 73-1218, contains language setting a date by which an application for benefits must be submitted. Accordingly, an eligible dependent who applies for retroactive educational benefits under K.S.A. 73-1218 must be reimbursed for fees and tuition, subject only to continued appropriations by the legislature. Cited herein: K.S.A. 73-1217; 73-1218; K.A.R. 97-5-1.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Attorney General Opinion No. 1987-121

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Attorney General Opinion No. 1987-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Attorney General Opinion No. 1987-034

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-034 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.

Attorney General Opinion No. 1987-065

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Attorney General Opinion No. 1987-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Attorney General Opinion No. 1987-093

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-093 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.

Attorney General Opinion No. 1987-147

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-147 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-147 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary responsibility for transporting a prisoner to court in a civil case under a writ of a̲d̲ t̲e̲s̲t̲i̲f̲i̲c̲a̲n̲d̲u̲m̲ lies with the custodian. In the absence of statutory or judicial direction, there is no authority to cause third parties who are neither custodians nor parties to the litigation to bear the costs of transporting a prisoner. Cited herein: K.S.A. 19-812; 60-1503; 75-5201; 28 U.S.C. sections 2241 and 2243.

Attorney General Opinion No. 1981-097

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-097 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-097 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of contractual provisions indicating otherwise and where an employment contract requires a fixed employer contribution to an insurance premium paid by employees, any refund of such premiums shall be paid to the employees and the employer may not retain any portion thereof unless the refund exceeds the entire employee contribution.

Attorney General Opinion No. 1977-097

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (885 download)

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Book Synopsis Attorney General Opinion No. 1977-097 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-097 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city which purchases liability insurance under K.S.A. 74-4716 for its officers and employees, but not for the city itself, does not waive its governmental immunity for liability. If the city does purchase such insurance, and allows it to expire by cancellation, lapse of policy, or otherwise, the governmental immunity is restored by operation of law, for said immunity was waived only to the extent of the insurance which said city purchased, and only for the duration of said coverage.

Attorney General Opinion No. 1987-083

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-083 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.

Attorney General Opinion No. 1987-174

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-174 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).

Attorney General Opinion No. 1987-136

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-136 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 41-2701 e̲t̲ s̲e̲q̲., as amended by L. 1987, ch. 182 and L. 1987, ch. 183, regulates the sale and consumption of cereal malt beverages. However, neither Article 27, nor any subsequent amending legislation, contains a definition for "premises." Therefore, since the consumption of cereal malt beverages is not an area of concern exclusively reserved by the state, a local licensing authority may prescribe, within reason, its own definition of what constitutes a "premises." Cited herein: K.S.A. 41-2701, as amended by L. 1987, ch. 182, section 97; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; K.S.A. 41-2704, as amended by L. 1987, ch. 182, section 100, and by L. 1987, ch. 183, section 4; K.A.R. 14-21-2.