Mix of Phrases Flashcards
What 10 items must you state in ED complaint?
When you’re Complaining of E[ating] D[isorder], Demand Good food truck (Mobile) PANINIS
(1) Demand prop condemned, title vest in LG
(2) GF negotiation
(3) Mobile home on prop.
(4) Public purp.
(5) Authority
(6) public Necessity - SCALE
(7) Interest to obtain
(8) Names, residences + legal disabs of interest Os
(9) ID property
(10) Survey performed, in GF will construct over property.
Public necessity factors
E.D. ----------- It's a NECESSITY to WEIGH on a SCALE. ----------- LG must show it properly weighed these 5 factors in order to establish necessity SCALE 1 Safety considerations. 2. Cost 3. Avail of alternate routes 4. Long range planning 5. Environmental Factors
For O (as opposed to BO), what are ALL 7 ITEMS O’s Notice must include?
Notice O has a rt to Offer his CAFA & I.D. Parts to Stay Natural. [*he’s not a businessman so gets an offer [BO settles].
———–
(1) Offer (can include, or do separately)
(2) Costs (73.091)
(3) atty’s Fees (73.092)
(4) get App, maps + plans (if prepped - can file Slow w/o app) in 15 days upon request
(5) PID
(6) Part or all.
(7) Nature of project on THE PROP. [not adjacent, as in BO]
———–
Alternate: Noticing E.D. reveals Owner’s 15 PORN Parts.
O’s bus dmg claim packet shd include what 3 items?
BUSINESS DMGS ----------- RON has snow related bus dmg claims. • Records • Offer, GF. • Nature, extent, amt dmgs
8 mandatory contents of offer of judgment?
OFFER OF JMT ----------- PAWN your CAC w/ ID for an Offer of Judgment ----------- 1. "Pursuant to FS 73.032" 2. Amt. 3. Written. 4. Name offeree. 5. Conditions. 6. ALL claims (excl C+AF) 7. Cert Serv. 8. ID & provide, if any, construction plans. ----------- I often miss #6 - ALL.
How does burden of proof shift?
E.D. ----------- LG proves it has pub purp + nec. O proves it has DIBs. --- abuse of Discretion, Illegality, Bad faith
For BO (as opposed to O), what are ALL 8 ITEMS BO’s Notice must include?
Notice Bus O has a Right to Settle his CASA & I.D. Part to stay Natural. *(he’s a businessman, so he Settles rather than O who gets offer)
———–
(1) Rts on submitting, Settling & entitlements.
(2) Costs (73.091)
(3) AF
(4) Severance/bus dmgs/comp/jury (73.071)
(5) get App (+ if prepped, maps + plans) in 15 days upon request
(6) pI.D.
(7) Part or all.
(8) Nature of project on ADJACENT PROP [not the prop, as in Fee O].
What does full comp include?
COMP. ----------- Full Comp pays for FIVE MoveS ------------ Full comp pays for: 1. attys Fees + costs 2. Interest 3. actual fair mkt Value at time of lawful appropriation. 4. Expert fees, costs. 5. MOVing costs. 6. Severance.
Distinguish Public Purp v. Pub Necessity.
there is a Purposeful Quality in Nature
i have a Necessity to Select Quantity
———–
Purp: Quality & Nature of the project.
Nec: Quantity & Selection of the property.
What’s the order of offers/notices?
NOBO
- Notice O.
- w/ or aft O’s Notice: Offer O
- w/ or aft. O’s Offer: Notice BO.
For O (as opposed to BO), what are just the 2 rights that have to be summarized or attached to O’s Notice?
E.D. PRE-NOTICE - O ----------- [Notice O has a rt to Offer his] CAF[a & I.D. Parts to Stay Natural.] ----------- (1) Costs (73.091) (2) Atty's Fees (73.092) ----------- Noticing E.D. reveals Owner's 15 PORN Parts.
E.D. PRE-NOTICE - BO ----------- CONTRAST ----------- For BO (as opposed to O), what are just the 3 RIGHTS that must be summarized or attached to BO's Notice?
E.D. PRE-NOTICE - BO ----------- Notice Bus O has a Right to Settle his CASA [& I.D. Part to stay Natural]. ----------- (1) Costs (73.091) (2) AF (73.092) (3) Severance/bus dmgs/comp/jury (73.071)
State the 8 prerequisites to claim business damages.
Which one was only found in case law (I don’t find in statute).
BUSINESS DMGS ----------- Business is Damaged by 5 Public Tenants @ the COPA cabana ROW. ----------- 1. 5 years 2. By a public entity. 3. Tenants of BO or BO 4. Continuous operation + physically @ taking location. 5. BO = prop taken O. 6. Partial taking. 7. Adjoining. Locale is adjoining lands also owned by property owner. 8. Taken for ROW.
State the powers of Charters, Non-Charters & Munis.
BUSINESS DMGS
(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]
IMPACT FEES
How acct for impact fees?
I Account for my Separate Ears that are Unrelated & Equal.
(1) Provide for accounting & keep $ separate.
(2) Earmark $ for capital improvements for new users.
(3) Can’t $ to pay debt on unrelated projects.
(4) Admin charges = actual costs.
What are PILOT agreements?
Pilots are not sovereigns imposing taxes.
———–
(1) Imposed under the proprietary powers of govt (not sovereign right) and
(2) Not invalid as taxes.
What does Circuit Court look at when validating bonds?
Circuit Court checks:
(1) Purpose legal,
(2) lg has the Authority to issue,&
(3) Has complied with the requirements of Law.
(4) ~ if there is an interlocal:
Validity of interlocal obligating LG payments (lease/purchase) (caselaw)
Determines:
Validity of the bonds, validity of the revenue pledged.
How long for a BO to submit his claim?
How long for BO to get an OJ?
BO = 180, LG = 120
OJs = start 120 aft Answer, end 20 b/4 trial.
s
How remember which 3 unrelated items have a deadline of 180 days?
‘B’ert is very ‘B’usiness oriented but Bert has Better lobbyists.
Bus cd run 300 days!
———–
Bert…………………..: O = 180, LG = 90
Bus Dmgs [ED]: BO = 180, LG = 120.
Permits: 180 issue dec w/ findings w/ PH.
Distinguish the jingles for Bar Ethics Current Client conflict v. Former Client conflict.
ALI says Current poses Same DAM Limits & Risks Relations
Conflicting w/ Former Used to send you to [MA]RS
———–
CURRENT: Dfn. - Accom, Liklhd, Impact
Same or related case, Directly Advers, Materially Limits, Subst Risk, Related.
———–
FORMER: Use info vs. Former. New has Materially Adverse interest; Reveal Former’s Info, Switch teams.
What is the gift jingle?
GipR rives + Donor PRoVeS ----------- (1) Gift? (2) Influence? (3) RIPE? ----------- PAC. Never acc. --- Rela. Always acc., no rpt --- V/L/P No? Acc, $100+ RIPE rpts Yes? 0-25 acc, no rpt. 25-100 acc, Lob rpts, 100+ no acc
