Attorney General Opinion No. 1998-043 PDF Download

Author: Carla J. Stovall
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Languages : en
Pages :

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Book Description
K.S.A. 16-1205(b)(3) makes it a violation of the Kansas Agricultural Equipment Dealership Act to discriminate in the prices charged for agricultural equipment of like grade and quality sold by a farm equipment manufacturer to similarly situated farm equipment dealers. A manufacturer's certification program which results in different prices on like grade equipment to similarly situated dealers would violate the prohibition against price discrimination if the standards used by the manufacturer to determine certification are not equally available and fairly administered with respect to all dealers. Cited herein: K.S.A. 16-1202; 16-1205; 15 U.S.C. section 13.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Carla J. Stovall
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Languages : en
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Once the county attorney has opined that the form of the question set forth in a petition submitted pursuant to K.S.A. 25-3601 et seq. and 71-501 complies with statutory requirements, a rebuttable presumption regarding validity of the form of the question attaches. The presumption remains until a party challenging the validity of the form of the question presents before a court of law sufficient evidence to the contrary. The provision in K.S.A. 25-3602 (Furse) that required a circulator of a petition submitted pursuant to K.S.A. 25-3601 et seq. and 71-501 be a registered elector violated the free speech rights of the circulator and, therefore, was unenforceable in relation to a petition filed prior to July 1, 2001. The fact the circulator's recital attached to the petition filed by a circulator pursuant to K.S.A. 25-3601 et seq. and 71-501 did not include the phrase "and a registered elector" does not affect the validity of the petition. Cited herein: K.S.A. 25-205, as amended by L. 2001, Ch. 211, section 4; 25-302a, as amended by L. 2001, Ch. 128, section 2; 25-303, as amended by L. 2001, Ch. 128, section 3; 25-3601; 25-3602, as amended by L. 2001, Ch. 211, section 8; 25-4306, as amended by L. 2001, Ch. 128, section 8; 25-4320, as amended by L. 2001, Ch. 128, section 10; 71-501; L. 2001, Ch. 128, section 14; L. 2001, Ch. 211, section 19; 25-3602 (Furse); L. 1986, Ch. 141, section 1.

Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.

Author: Carla J. Stovall
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Languages : en
Pages :

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Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.

Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The pursuit of a "common calling," the right to practice one's chosen profession, is a fundamental privilege protected by of Article IV, Section 2 of the United States Constitution, commonly referred to as the Privileges and Immunities Clause. The ability to engage in business as a pawnbroker or precious metal dealer is as much a "common calling" as any other occupation or profession and is thus a protected privilege under the Clause. In the absence of any known substantial rationale to justify Kansas residency for persons who wish to engage in business as a pawnbroker or precious metal dealer, the Kansas statutory provisions which establish such a requirement are found to violate Article IV, Section 2 of the United States Constitution. Cited herein: K.S.A. 16-708. U.S. Const., Art. 4, section 8.

Author: Carla J. Stovall
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Languages : en
Pages :

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For purposes of calculating a defendant's criminal history, the language of K.S.A. 1997 Supp. 21-4711(a) manifests the intent of the Legislature that every three prior adult convictions or juvenile adjudications of assault occurring within any period of three years shall be rated as one adult conviction or one juvenile adjudication of a person felony. Cited herein: K.S.A. 21-3408; 21-4701; K.S.A. 1997 Supp. 21-4711.

Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.

Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

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In performing the duties required under the Campaign Finance Act and the State governmental ethics provisions, the Kansas Commission on Governmental Standards and Conduct acts in the interests and for the benefit of the State. The functions performed by the Commission under such statutory provisions are governmental in nature. Therefore, statutes of limitation are not applicable to the Commission's actions. Cited herein: K.S.A. 25-4119a; 25-4142; 25-4160; 25-4161; 25-4166; 46-215; 46-253; 46-255; 46-256; 46-260; 46-262; 60-521; K.A.R. 19-1-1.

Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
A person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into the human body, risks violating K.S.A. 1997 Supp. 65-4153. Cited herein: K.S.A. 21-3209; 65-101; 65-202; 65-301; 65-4150; K.S.A. 1997 Supp. 65-4153; K.S.A. 65-6003; L. 1988, Ch. 232, sections 1-9.