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Attorney General Opinion No 1988 113
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Book Synopsis Attorney General Opinion No. 1988-113 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-113 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: In light of 1988 legislative changes, production contracts that do not involve pork processors as defined by L. 1988, ch. 99., sec. 56 and that by statute do not result in the acquisition of agricultural land, do not violate the corporate farming act, K.S.A. 17-5902 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 17-5902 e̲t̲ s̲e̲q̲., as amended by L. 1988, ch. 99, sections 53-56; K.S.A. 47-1501(c).
Book Synopsis Attorney General Opinion No. 1976-113 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1976-113 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exchange agreements which existed between the State Law Library as a department of the State Law Library and foreign jurisdictions at the time of the transfer (July 1, 1975) became the property of the Kansas Supreme Court Law Library and under the control of the Kansas Supreme Court Law Library.
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)
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.
Book Synopsis Attorney General Opinion No. 1988-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-072 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: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Book Synopsis Attorney General Opinion No. 1988-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-075 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 local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Book Synopsis Attorney General Opinion No. 1989-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-133 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1988-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-100 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: The misnomer in L. 1988, ch. 47, section 19 is not a defect which renders the section void. The intent of the legislature is sufficiently clear to allow substitution of the correct language, so that reference to K.S.A. 40-277(7)(c), which does not exist, becomes K.S.A. 40-277(4)(a). Pursuant to section 19, blood-alcohol tests refusals or failures are not open records. Insurers may not consider such refusals or failures in determining automobile liability rates or in determining whether to cancel a policy. However, if a driving privilege is suspended by the department of revenue, the suspension is part of an open record, which may be obtained by insurers to process an application, or renewal, or cancellation of, a motor vehicle liability insurance policy. Cited herein: K.S.A. 1987 Supp. 8-1341a; K.S.A. 40-277; 45-215; 74-2012; L. 1988, ch. 47, section 19 (to be codified at K.S.A. 8-1018).
Book Synopsis Attorney General Opinion No. 1988-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-024 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: The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
Book Synopsis Attorney General Opinion No. 1988-085 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
Book Synopsis Attorney General Opinion No. 1988-160 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-160 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: Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.
Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
Book Synopsis Attorney General Opinion No. 1988-083 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-083 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 city of the second class may, pursuant to K.S.A. 14-1041 e̲t̲ s̲e̲q̲., contract with an individual for the drilling of natural gas wells whereby the wells become the property of the city and the individual is fully reimbursed from any proceeds therefrom. While K.S.A. 14-1042 prescribes that the drilling of the well, in the first instance, shall be without cost to the city, that statute is part of an enactment which is not uniformly applicable to all cities. Accordingly, where a city of the second class seeks to secure additional natural gas sources to provide fuel for its power and light plant, it may adopt a charter ordinance exempting itself from the restriction upon bearing the cost of drilling and equipping a well. Pursuant to the provisions of K.S.A. 12-842, a city of the second or third class may purchase natural gas at the wellhead from wells located outside the city limits, and construct, operate, and maintain a pipeline necessary to transport the gas either directly to the city power plant, or to a pipeline system which would transport the natural gas for the city. Under home rule powers granted by Article 12, Section 5 of the Kansas Constitution, a city which acquires an interest in a producing gas well outside the city limits may take production from the well "in kind" rather than receiving a cash royalty. Additionally, a city may purchase spot market gas for its power plant several months in advance of its use. Cited herein: K.S.A. 12-842, 14-1041, 14-1042; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1988-112 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-112 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: Courts presume the constitutionality of a statute and resolve all doubts in favor of its validity. This presumption, when combined with the lack of prohibitory language in K.S.A. 25-3802, leads us to conclude that, while state law does not require an officer of a county central committee to be a member of a precinct committee, a political party may require such membership. Cited herein: K.S.A. 25-3802.
Book Synopsis Attorney General Opinion No. 1989-113 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-113 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of an appearance bond is to assure the presence of persons accused of crimes at the time and place of the trial. The purpose of the appearance bond is deemed fulfilled when the accused appears for a hearing and a verdict is announced. Unless an agreement states otherwise, an appearance bond cannot be retained to insure completion of programs imposed by the court or payment of fines assessed against the defendant. Cited herein: K.S.A. 22-2202, 22-2208, 22-2802.
Book Synopsis Attorney General Opinion No. 1988-142 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-142 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: The environmental coordination act provides that "[n]othing in this act shall be construed as preempting or duplicating any existing environmental review process otherwise provided or authorized by law." This language means that a water development project is not required to be reviewed pursuant to the act if such review would duplicate an existing environmental review procedure. Cited herein: K.S.A. 1987 Supp. 82a-325; 82a-326; 82a-327.
Book Synopsis Attorney General Opinion No. 1988-082 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-082 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: K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.
Book Synopsis Attorney General Opinion No. 1980-113 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-113 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges. Cited herein: K.S.A. 66-101, K.S.A. 1979 Supp. 66-104, 66-118d.
