Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1985

article 8306. 512f225-4191 V.T.C.S.. sets forth several specificinjuries for which "incapacity shall conclusivelybe held to be total and permanent,"thus qualifying … Section 12 providesin part: Where the liabi$ty of the associationor the extent of the injury of the employeeis uncertain, indefinite or incltpableof being satisfactorily established

Opinion No.

Texas Attorney General Reports · Mar 13, 2006

While this may seem an anomalous result in that persons between the ages of 18 and 21 are still permitted to purchase lottery tickets, we believe that it clearly comports with legislative intent. … "Guardian" means "a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions."

Opinion No.

Texas Attorney General Reports · Dec 27, 2001

To establish a violation under the "rule of reason" test, it is necessary to prove that a contract has an actual adverse effect on competition in the relevant market, and establish the relevant market. … share of that market — and establish the relevant market.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2007

As you note, this act established the following requirements with respect to the teaching of Arkansas history in the public schools: (a) Beginning with the 1997-1998 school year: (1) A unit of Arkansas history shall be taught … [I]f a governing body in fact delegates its decision-making authority, rendering the "committee" itself a "governing" rather than "advisory" body, the open-meetings requirement will clearly apply.

Opinion Number

Louisiana Attorney General Reports · May 21, 2009

As to possible future legislation, perhaps the law could provide for an explicit statement to that effect to emphasize and clarify to persons with the HIV/AIDS virus that they clearly lose the right to confidentiality if … If future legislation would place any heavier burden on health officers to make such disclosures to third persons, we suggest that it also contain an immunity clause similar to the one in Connecticut General Statutes § 19a

Opinion No.

Texas Attorney General Reports · Nov 10, 1999

The commissioners may raise the affirmative defense of official immunity to any liability for torts committed by the holdover constable. … To establish the defense, the commissioners must show that failure to appoint a new constable was (1) discretionary; (2) taken in good faith; and (3) within the scope of their authority. See Fort Bend County v .

Opinion No.

Texas Attorney General Reports · Dec 14, 2007

To date, the courts have not clearly defined what is meant by "state officer" for the purpose of impeachment. … Both offices are established by the Texas Constitution.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

To establish a violation under the “rule of reason” test, it is necessary to prove that a contract has an actual adverse effect on competition in the relevant market, and establish the relevant market. … share of that market - and establish the relevant market.

Opinion No. Oag 17-83, (1983)

72 Op. Att'y Gen. 54 · Wisconsin Attorney General Reports · May 6, 1983

There is no absolute barrier to the exercise of state jurisdiction within reservation boundaries even though such jurisdiction may be qualified in some situations. … I do not know if any tribe in Wisconsin has established its own groundwater monitoring program.

Opinion No. Oag 109-79, (1979)

68 Op. Att'y Gen. 374 · Wisconsin Attorney General Reports · Nov 27, 1979

metallic mining waste presents unique problems, other practical aspects of the law of solid waste tend to show that the kind of particularized treatment of mining waste envisioned by a reduction or waiver of the WMF was clearly … For example, the language which established the WMF leaves no doubt that the Legislature intended that contributions to the fund come from the full spectrum of solid waste types: Each owner or operator of a licensed site

Opinion No.

Texas Attorney General Reports · Jan 30, 2007

IT-Davy , 74 S.W.3d 849 , 859 (Tex. 2002) (stating that Legislature knows how to waive sovereign immunity and citing to Texas Tort Claims Act as example of Legislature's knowledge); FM Props. Operating Co. v. … V , § 21 ("A County Attorney . . . shall be elected by the qualified voters of each county. . . .").

Ago

Florida Attorney General Reports · Feb 7, 2011

All of the foregoing purposes shall be exercised exclusively [sic] charitable and educational purposes in such a manner that the Corporation will qualify as an exempt organization under section 501 (c)(3) of the Internal … The opinion noted that the authority and its board of directors were clearly subject to the dominion and control of the county and concluded that "as an authority created by the county and subject to its control, the Pace

Opinion No.

Texas Attorney General Reports · Sep 28, 1999

Clearly, collection of the sales and use tax is only authorized to the extent necessary to pay project costs. … under this section but qualifies under Section 4B of this Act."

Opinion No.

Texas Attorney General Reports · Mar 24, 1986

is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes … In your letter you state, "[T]here is apparently some dictum on the part of the courts for the proposition that such impairment or interruption, to qualify for a felony offense, must be `substantial.' " Apparently you are

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1947

I, The iirst rbqtiremnt of a school district derirlng to qualify for State aid under the tax levy )rovi.atrioIAs of II. … B. 295 sooms clearly to be for the aiding of those school die- tricts needing financial assistance in the support anA operation of their school program when and after a dis- trict needing such aid has

Opinion No. (2005)

California Attorney General Reports · Oct 3, 2005

Accordingly, parcel map data maintained in an electronic format by a county assessor does not qualify as a "computer mapping system" under the exemption provisions of section 6254.9. … (f)), and that the public interest served by disclosure would not be "clearly outweighed" by any public interest in nondisclosure (§ 6255).

Opinion No.

Texas Attorney General Reports · Jan 24, 2000

The proposed amendment would put decisions about construction, repair, etc., in the hands of those most qualified to make them — the members of the governing board of each college. … . § 10 (establishing University of Texas and Texas AM University); §§ 11, 11a, 11b (establishing and governing Permanent University Fund).

Op. Atty. Gen. 484e-1 (Cr. Ref. 185b-2)

Minnesota Attorney General Reports · Oct 5, 2000

First, requiring majority approval of all voters would be contrary to long established principle As noted by the Minnesota Supreme Court in Dayton v. City of St. … To take a case out of this general rule requires a clearly manifested intention to apply a different one.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

The commissioners may raise the affhmative defense of official immunity to any liability for torts committed by the holdover constable. … To establish the defense, the commissioners must show that failure to appoint a new constable was (1) discretionary; (2) taken in good faith; and (3) within the scope oftheir authority. See Fort Bend County v.

California Attorney General Opinion 22-802

107 Ops.Cal.Atty.Gen. 20 · California Attorney General Reports · Feb 29, 2024

traditional public schools, such as by “acting as the administrator of the school, appointing the governing body of the school, selecting curriculum, hiring teachers and staff, [and] providing budget and payroll services.” 34 Clearly … This in itself raises a substantial issue as to whether his position qualifies as a “public office” for purposes of an incompatible-office analysis.