NY BAR REVIEW 6 Flashcards
NY legislative
Use of public funds to benefit private parties- LIMITED
legislature may make subsidies to local governments from general state funds, authorize state to contract indebtedness for this. Legislature may authorize loan by local governments and state to housing or nursing home corporations that are regulated as to rent or profit or dividend or disposition of property. Legislature may authorize local governments to make loans to owners of multiple dwellings for rehab for persons of low income. Legislature may grant power of EMINENT DOMAIN to local govt., public corporation or regulatory housing or nursing home corporation. Legislature may grant tax exemptions up to 60 years.
Social welfare
ny constitution makes aid or care or support of the needy PUBLIC CONCERN to be provided by state and local governments as determined by legislature
Limits on social welfare aid
Legislature may NOT deny aid to individuals who are admittedly needy on basis of criteria irrelevant to the need.
ny constitution DOESN’T mandate public assistance be granted in every instance or that the state meet full needs of each public assistance recipient.
Private bills
Legislature’s power to enact laws benefiting private parties is limited by ny constitution. Legislature prohibited from allowing private claims against state. May only appropriate funds that were allowed according to law. Legislature is FORBIDDEN to enact private or local law in the following:
changing name of person
layout or alter roads or draining lowlands
changing venue in civil or criminal
selecting or empanelling grand or petit jurors
create or change fees or allowances of public officers during their term
grant private person or entity exclusive priv / imm / franchise
grant exempt for tax on real or personal property
Local government’s authority subject to state government
Subject to legislature’s authorization, local governments MAY adopt or amend local laws NOT inconsistent with ny constitution or general laws relating to
duties or powers or qualifications or compensation of officers and employees
membership and composition of legislature
body of city/town/village
transaction of its business
obligation consistent with statutes
present/ascertain/discharge of claims against it
acquisition/care /management/use of roads and transit facilities
levy/collect/administration of local taxes authorized by statute
assessment for local improvements consistent with statute
Local government’s authority subject to state government
Subject to legal authorization, local governments MA adopt of amend local laws NOT inconsistent with ny constitution or general laws relating to
compensation or working condition of persons employed by contractors, who perform work, labor, services for it
government, protection, order, conduct, safety, health, well being of persons or property therein.
State appropriations expenditure control
State treasury expend funds ONLY pursuant to appropriation law
MUST have been passed within 2 years and by 2 out of 3 of each branch of legislature
Gift or loan prohibition 1
Money of the state CANT be given or lent in aid of any private corporation or association or undertaking. State credit may NOT be given or lent in aid of private individual , public or private corporation or association or private undertaking except as to a fund or property held by the state for EDUCATIONAL, MENTAL HEALTH, MENTAL RETARDATION.
Gift or loan prohibition 2
Restrictions are inapplicable to loans to NON PROFIT corporations to improve employment opportunities in ANY area of the state or that will construct or rehabilitate industrial or manufacturing plants.
Construct buildings for research and development.
Purchase machinery, equipment or for purpose of using such funds for such purposes.
Gift or loan prohibition 3
ny constitution FORBIDS local government to give or loan money or property to or in aid of individual or private corporation or association or undertaking or become owner of stocks or bonds of private corporation or association or give or loan credit to or in aid of any individual or public or private corporation or association or private undertaking subject to exceptions where government provides municipal facilities or services for care of needy or inmates or orphans under private or public control
Public bidding
All public work contracts costing local government more than twenty thousand dollars and purchase contracts costing over ten thousand dollars require public competitive bidding except for professional services.
Fraud or collusion - contract VOID
government employees are forbidden to have substantial pecuniary interests in any contract with government if have powers with respect to executing contract.
Taxpayer standing 1
Mere unlawfulness of act by government doesn’t give taxpayer standing to challenge the act.
Taxpayer MUST show act is INJURIOUS OR DANGEROUS to public interest.
Taxpayer need NOT show direct injury to self.
Taxpayer action allowed against ALL agents of local government to prevent waste or injury or restore and make good any property, funds, estate of city, town, county, village, if taxpayer shares property assessed at one thousand dollars or more by local government.
Taxpayer standing 2
Taxpayer attacking as unconstitutional an expenditure of public funds or validity of statute MUST demonstrate some special and direct injury to self.
Prima facie tort
Intentional infliction of pecuniary harm without justification. Intent to harm.
Plaintiff must allege special damages.
Plaintiff must prove special damages.
Pecuniary loss is an essential element.
Where traditional tort is established, NO action for prima facie tort.
Where traditional tort could have been brought except for running of statute of limitations, NO action for prima facie tort.
Self defense
Duty to retreat
Retreat is REQUIRED before using DEADLY force, unless: you cannot do so safely you are in your own dwelling you are a police officer you are assisting a police officer
