July 2014 Flashcards
Notice requirement for local governments only applies to
the local governments, not the EEs
maintenance of city streets = proprietary or governmnet
proprietary
Planning of streets/regulation of traffic?
Government function
Government functions =
for health, safety, and welfare of public; results from exercise of its legislative or political discretion or authority
Rules of Professional Conduct prohibits solicitation that involves:
Coercion, duress, compulsion, intimidation, or unwarranted promises of benefits
Bailment is the
Transfer of personal property from one party to another
To limit liability of bailee:
Bailor must know of, or should have known of, or assented to the contractual limitation
During lawful stop of car, police may require?
OCcupants to exist car and detain occupants until stop is complete for self-protection
Cocaine/Firearm possession charge requires
Knowledge of its character AND
Exercising dominion and control (mereproximity not enough)
Partner has legal right to accounting?
Yes
Partner’s duty of loaylty not to compete with partnership does not include
Preparing to compete
Can court hear evidence when ruling on demurrer?
No
Construction desertion: when actions are
so egregious to warrant leaving marital home
All grounds of divorce must be
Corroborated with clear and convincing evidence
Abatement of public nuisance is?
Police power/government function that gets SI.
Not a taking, so no need to compensate.
As long as gov gives notice and opporutnityt o be heard.
Who is the appropriate body to rule on just compensation when there is a taking?
Not the Council but the condemnation jurors/commissioners.
Lost profits can be recovered as part of taking in condemnation case?
Yes
What can be recovered as part of taking in condemnation case?
1) lost profits
2) lost access
3) damage to the residue
4) value of the property
Limit to lost profits recovery from condemnation case
Net income for 3 years prior to valuation date
Lost profits must be result of inability to relocate business in a reasonable way/duplicated in other compensation.
