Judge or Jury? Flashcards
1
Q
What happens in a Ch. 73 post-Order?
A
12 man jury solely determines compensation.
2
Q
Who determines whether LG gets title?
A
Judge.
3
Q
Who decides whether Def’s conduct was indecent, atrocious & intolerable?
A
Judge! Not the jury.
4
Q
What are the 2 last names, re: Title 7, that cannot get mixed up?
A
Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense
5
Q
Who decides dmgs in Bert Harris, judge or jury?
A
Either. Jury or Judge.*
*new 2021
6
Q
What are the 2 areas of Land Use that consider AF? What do they say?
A
AF ----------- Bert Harris - judge or jury Exaction - 1) May: prevailing 2) Must: if LG violated
7
Q
In an INVERSE CONDEMNATION, who decides whether loss of ACCESS is ‘SUBSTANTIAL’ enough to be compensable?
A
SEVERANCE ----------- JUDGE! Judge decides all questions of law & fact in an INVERSE CONDEMNATION for loss of ACCESS. --- Palm Beach v. Tessler
