Finance

Question 1

GOB for public roads.
5 step essay approach.

Answer 1

1. ## I.D. Project. New development needs roads, sewer, water. LG wants to issue bonds
2. ## I.D. powers. Not incons; As is; Except.
3. Is Project w/in powers?
   Is issuing a bond for a road a ‘public purpose’?
   (a) It is: econ devmt – luxury condos, etc.
   (b) It is not: it is developer’s burden
   ———–
4. Payment Vehicle/Pledge/Impediments.
   (a) Bond. GOB. 1 yr, referendum
   (b) Pledge. AV tax wd be used to repay, which is appropriate as the improvements are public roads benefitting everyone in the City.
   (c) Impediments,
   ———–
5. How issue? Referendum.

Question 2

ESSAY
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Private Road Finance = SPEC ASSMT
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6 step Essay Approach.

Answer 2

(1) I.D. Project.
(2) I.D. powers.
(3) Is Project within powers?
———–
(4) Payment vehicle/Pledge/Impediments.
(ex) Special Assmt Bond. bene+apport
———–
(5) How issue?
COUNTIES
(a) Ch 153 - spec ass + bonds for water/ww
(b) Ch 125 - pass ordinance
(c) Home Rule [Chrt: not inconst/N-C: as provided]
MUNIS
(a) Ch 170 - city for water/ww
(b) Home Rule - pass Ord [R*166.111-bonds only]
[govtl, corp, proprietary pwrs to conduct govt, perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.]
———-
(6) 197.3632 place on tax bill

Question 3

3 step validation review.

Answer 3

1) AUTHORITY to issue
-a- 125.01
-b- 166.111 capital ‘or other’]
2) PURPOSE is legal
-a- public purp? econ dev - 125.045
-b- if buying/leasing cd argue need to bid but econ dev = exception, no collusion
-c- cd argue private benefit but incidental okay.
Once the stadium is deemed to be for a public purpose, the Court need not micromanage the terms of the lease.
3) Issuance COMPLIES w/ law.
-a- sales/tdt/occupational tax = revenue bond = no referendum
———–
~confirmed. Rowe v. Pinellas, 461 So.2d 72 (Fla. 1984).

Question 4

State 3 supports for City’s authority to issue bonds to finance capital improvements.

Answer 4

2) Art 7, §2, FL Const - broad HR pwrs, except as provided by law.”
———–
3) HR codified to issue bonds. See §§ 166.021, 166.111(1), 166.141, FS
———–
Public purp = econ development, incl issuance of bonds

Question 5

ESSAY
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Sports Stadium bond issue.
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State 5 arguments to be made after validating a sports stadium bond issue.

Answer 5

1) Property shd have been competitively bid.
> no, econ dev = exception
———–
2) LG is essentially ‘gifting’ land to corp.
> no, pub purp prevails.
———–
3) LG is promising zoning
> shd be noted in lease no promises
———–
4) lending its credit.
> use tax money for pub purp, incidental private
———–
5) Should have had a referendum on bond.
> not if sales/tdt/occupational tax b/c has no impact on AV.
———–
Rowe v. Pinellas, 461 So.2d 72 (Fla. 1984).

Question 6

State the support for step #5 - how issue?

What statutes permit LG to issue a spec assmt bond for w/ww?

Answer 6

5.  How issue?
COUNTIES
(a)  Ch 153 - spec ass + bonds for water/ww
(b)  Ch 125 - pass ordinance
(c)  HR [Chrt:  not inconst/N-C:  as provided]
-----------
MUNIS
(a)  Ch 170 - city for water/ww
(b)  HR - pass Ordinance [except as ...]
----------
197.3632 place on tax bill

Question 7

State 3 reasons why LG cannot pledge ALL of its revenues.

Answer 7

1) Revenues from regulatory fees & user charges may not be diverted from their lawful purps = to defray costs in providing related services.
2) Cd become a promise to levy AV, which requires voter approval. To pledge all revenues requires increased AV tax = voter approval.
3) At very least, all revenues requires voter approval.
~~~courtesy of Justice Stevens~~~

Question 8

Why can’t leases of equipment permit repossession?

Answer 8

Because UCC does not apply.

Question 9

What 3 things look for to determine if lease of equipment permissible.

Answer 9

ESSAY

1) Non-appropriation. Makes it a less than 1 yr K.
2) No repossession b/c UCC does not apply.
3) No mortgage/lien.

Question 10

State 2 responses if lease includes non-substitution clause?
i.e., can’t lease similar equip for a period of time after ends.

Answer 10

ESSAY

1) Makes non-appropriation & non-usage of AV illusory. LG is faced w/ tapping into AV or going without.
2) Void as against public policy. Is public supposed to go without computer for 2 yrs?

Question 11

State the 2 statutes w/ each 2 prohibitions, re: conflict of interest essay approach.

Answer 11

ESSAY
-----------
A)	112.313(3) 
-1- POPE in official cap, no SPOC Materials, Inc.
-2- POPE in priv cap, can't sell
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B)	112.313(7)(A)
-1-  No w/ doing bus w or regulated by
-2- Continuing or recurring conflict.

Question 12

State the 3 step Conflict of Interest essay approach.

Answer 12

ESSAY

1. 2 statutes.
2. Is there a facial conflict under one of the 2?
3. Does any exception apply?
   - a- Advisory bd mbr fill out form.
   - b- Comp. bid.
   - c- Sole source.

Question 13

ESSAY

———–

Answer 13

ESSAY

———–

Question 14

State the 4 LEO constitutional violations you’ll see.

Answer 14

ESSAY
-----------
1.	1983 + 4th Amend.  Exc Force, Battery, Seizure, false arrest, seizure.
> s&s, objectively reas, arrest/crash
---
2.	14th Amend.  Subst dp.
> shocks consc = arbitrary.
---
3.	1983.  Neg superv, Delib Indiff.
---
4.  8th amend - cruel + unusual

Question 15

State 6 LEO State claims vs. individual.

Answer 15

Indiv. – State claims.

1. Battery Bat Intends Homerun for Person
2. Assault. Ass Threatens CIA
3. False Arrest. False Arrest for DUI
4. Intent Inflict E.D. Intent Inflic ROC to Person
5. Mal Prosec. I won on the Merits, now I’m MAD.
6. Defamation. Don’t Care you Acted Falsely @ Pub = Dmg.

Question 16

State 3 claims vs. LEO employer.

Answer 16

ESSAY
-----------
Official – State claims
1.	Neg Failure to train/super.  Spec duty.
2.	Neg Hiring.  	Inapprop invest + indep
3.	Neg Retent.	Failure to act + indep

Question 17

State 3 part LEO 4th amendment analysis.

Answer 17

A.	Protection.  
1)	4th amend = s&s
2)	Shooting, crash.
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B.	Stop w/ Qualified.  Discretionary, clearly estab rt (4th A)
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C.	Analysis.
1.	Issue  	LEO = reas.
2.	Std.	Obj reas in-the-moment.
3.	Key:	Arrest permits physical.

Question 18

State the 4 part LEO 14th amend analysis.

Answer 18

B. Stop w/ Qualified. Discretionary, clearly estab rt (14th A)
———–
C. Defenses.
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
———–
D. Pairs Well w/ State Tort – Intended to Inflict ROC to person.

Question 19

FAILURE TO TRAIN = DELIBERATE INDIFFERENCE- OFFICIAL/LG - 42 USC 1983.
State 3 part analysis.

Answer 19

1983 Customs Indifferent to Color.
A. Protection.
1983 = deliberate indiff to const rts
———–
B. Analysis.
1) Custom or policy of inadeq trning
2) Actual or constr knlg yet deliberate indiff.
3) Delib indiff = cz of injury
———–
C. Defense. Failure to show (a) a custom or policy or (b) delib indiff.
~~~

Question 20

State the 4 part analysis of Battery by LEO.

Answer 20

ESSAY

1) Elements.
2) Intent
3) LEO
4) Indiv? or LG?

Question 21

State the 3 elements of battery by LEO.
< part 1 of 4 analysis >

Answer 21

ESSAY
-----------
Elements:	
A.  Affirm intentnl inflict of
B.  Harmful or offensive contact
C.  Upon PL.

Question 22

State the 3 part analysis of intentional in battery by LEO.
< part 2 of 4 analysis >

Answer 22

ESSAY
-----------
Intent: 		
A.   Reas person wd believe
B.   Subst certain to result in 
C.   Harm or offense to PL.

Question 23

State the 2 LEO considerations in analyzing Battery by LEO.
< part 3 in 4 analysis >

Answer 23

ESSAY
------------
LEO:
A.  Presumed GF.
B.  Force reas under circums?

Question 24

State 2 parts to the Indiv or LG analysis in Battery by LEO.
< part 4 of 4 analysis >

Answer 24

ESSAY
-----------
Indiv or LG?	
A.   w/i scope of employmt &
B.   Not BMW disregard of rts = LG.

Question 25

Re:
NEGLIGENCE FOR FAILURE TO TRAIN/SUPERVISE.
-----------
State:
(a)  4 elements.
(b)  2 defenses.

Answer 25

ELEMENTS:
A.  Duty reas care.
B.  Breach.
C.  Breach = prox cz.
D.  Dmgs.
-----------
DEFENSES:	
A.  No Duty to all.  PL must allege undertook spec duty.
B.  Sov. Imm. = *PL must allege Operational /Implementation*

Question 26

Re:
NEGLIGENT HIRING.
-----------
State:
(a)  6 elements.
(b)  2 defenses.

Answer 26

ELEMENTS:
(1) Duty reas care investigation when hire.
(2) Inapprop invest.
(3) Approp invest wd show unsuitable.
(4) Injured by EE’s indep wrongful act.
(5) Indep wrongful act = foreseeable.
(6) Unreas failure to investigate = cz of injury.
———–
DEFENSES:
A. No Duty to all. PL must allege undertook spec duty.
B. Sov. Imm. = PL must allege Operational /Implementation

Question 27

Re: NEGLIGENT RETENTION.
State:
(a) 6 elements.
(b) 3 defenses.

Answer 27

ELEMENTS:
(1) Duty reas care in retain.
(2) Actual/construc knwlg of unfitness.
(3) Unreas failed to take corrective act.
(4) Injured by EE’s indep wrongful act.
(5) Indep wrongful act = foreseeable.
(6) Unreas failure corrective act = cz of injury.
———–
DEFENSES:
A. No notice.
B. Reas steps taken.
C. Not foreseeable.

Question 28

State the 3 part analysis of Defamation by LEO.

Answer 28

Elements:	
A.   Actual or Express Malice.
B.   Publish.
C.   False.
D.   W/o reas care.
E.   Dmgs
-----------
Defenses:		
(1)  Truth 
(2)  Absolute Priv - in scope.	
(3)  Qualif. Priv	(a)  GF; 
(b)  Duty to speak, Duty to listen. 
(c)  Proper occasion, proper publish.
-----------
Dmgs:	$, Bodily, Mental, Reputation.

Question 29

State the 2 part analysis.

Answer 29

[I won on the Merits, now I’m MAD.]
-----------
Elements:	A.   Merits.
B.   Malicious.
C.   Absence prob cz.
D.   Dmgs.
-----------
Legal Malice Only:	
Knew/shd known + w/o just cz.  FL leniency.

Question 30

State the 3 part analysis.

Answer 30

[Inflict a ROC to PL]
-----------
Elements:	
A.   Intentnl.
B.   Extreme, outrageous.
C.   Cz severe emotnl distress.
D.   To PL.
-----------
Std:		Atrocious, Shocks.
-----------
Pairs w/:	Fed 14th Amend, subst dp

Question 31

State the elements of Assault by LEO.

Answer 31

[Ass Threatens the CIA]
-----------
Elements:
A.   Intentl
B.   Threat
C.   Creating fear of imminent
D.   Apparent ability for Def to carry out.

Question 32

State 3 elements for False Arrest.

Answer 32

ESSAY
-----------
[False Arrest for DUI]
-----------
Elements:
A.   Detained
B.   Unreas & unlawful.
C.   Intentnl.

Question 33

State the 6 State claims vs. LEO as individual.

Answer 33

ESSAY

1. Battery Bat Intends Homerun for Person
2. Assault. Ass Threatens CIA
3. False Arrest. False Arrest for DUI
4. Intent Inflict E.D. Intent Inflic ROC to Person
5. Mal Pro. I won on the Merits, now I’m MAD.
6. Defamation. Don’t Care you Acted Falsely @ Pub = Dmg.

Question 34

State the 3 State claims & 1 Federal claim vs. LG as LEO’s employer.

Answer 34

ESSAY
-----------
1.	Neg Failure to train/super.  Spec duty.
2.	Neg Hiring.  	Inapprop invest + indep
3.	Neg Retent.	Failure to act + indep
---
4.     42 USC 1983 - policy/custom
-----------
more?  add to Finance 34, leo essays 49 & More 13

Question 35

State the 4 constitutional claims you’ll see vs. LEO.

Answer 35

ESSAY

1. 1983 + 4th Amend. Excessive Force, Battery, Seizure
2. 1983 + 4th Amend. False arrest, seizure.
3. 14th Amend. Subst dp.
4. 1983. Neg superv, Delib Indiff.