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Courts Magistrate Courts: No Prejudgment Attachment; Appeal And Reopening Of Default Judgments, Georgia State University Law Review Sep 1986

Courts Magistrate Courts: No Prejudgment Attachment; Appeal And Reopening Of Default Judgments, Georgia State University Law Review

Georgia State University Law Review

The Act contains several new provisions for magistrate courts; prejudgment attachments may not be granted by a magistrate court; appeals of default judgments are limited; default judgments may be opened in certain cases; relief from judgments may be granted; executions are to be recorded in the general execution dockets of the superior courts; clerks of the magistrate court must be at least eighteen years of age; and the powers and duties of the clerks are established.


Crimes And Offenses Notice: Controlled Substances: Change List, Georgia State University Law Review Sep 1986

Crimes And Offenses Notice: Controlled Substances: Change List, Georgia State University Law Review

Georgia State University Law Review

The Act updates the list of controlled substances and dangerous drugs named in O.C.G.A. 16-13-25 -- 16-13-29 and adds to the definition of &"controlled substance&" reference to drugs, substances or immediate precursors in Schedules I through V of 21 C.F.R. Part 1308. The Act also amends O.C.G.A. 26-3-22 by requiring compliance with federal standards in manufacturing, processing, packaging or holding drugs with reference to the standards in 21. C.F.R. 210.


Crimes And Offenses Safety Offenses: Include Stun Guns, Tasers In Firearm Definition, Georgia State University Law Review Sep 1986

Crimes And Offenses Safety Offenses: Include Stun Guns, Tasers In Firearm Definition, Georgia State University Law Review

Georgia State University Law Review

The Act amends the code section which makes possession of a firearm during the commission of certain crimes a felony, so as to include stun guns or tasers in the definition of a firearm.


Methodology Problems In Enforcing State Constitutional Rights, Robert F. Williams Sep 1986

Methodology Problems In Enforcing State Constitutional Rights, Robert F. Williams

Georgia State University Law Review

No abstract provided.


Religious Liberty Law And The States, William B. Hollberg Sep 1986

Religious Liberty Law And The States, William B. Hollberg

Georgia State University Law Review

No abstract provided.


Alcohol Regulation Of Municipal Sales Of Alcoholic Beverages, Georgia State University Law Review Sep 1986

Alcohol Regulation Of Municipal Sales Of Alcoholic Beverages, Georgia State University Law Review

Georgia State University Law Review

The Act controls county-wide referenda held after April 7, 1986, regarding the sale, distribution, and manufacture of alcohol. Municipalities within these counties may approve or prohibit any or all of the same by local ordinance. The Act does not affect regulation of the manufacture, sale, and distribution of alcohol under Article 3 and sale of liquor by the drink under Article 5 within counties which had approved all or part of the same by January 1, 1985.


Commerce And Trade Notice: Office Supply Transactions: Deceptive Practices, Georgia State University Law Review Sep 1986

Commerce And Trade Notice: Office Supply Transactions: Deceptive Practices, Georgia State University Law Review

Georgia State University Law Review

The Act includes office supply transactions within the protections provided by the Fair Business Practices Act of 1975, and forbids false representations and substitutions by office suppliers. It amends O.C.G.A. 10-1-392, 10-1-397, 10-1-399 and creates O.C.G.A. 10-1-393.1.


Conservation And Natural Resources Environmental Protection: Metropolitan Rivers, Georgia State University Law Review Sep 1986

Conservation And Natural Resources Environmental Protection: Metropolitan Rivers, Georgia State University Law Review

Georgia State University Law Review

This Act amends the Metropolitan Rivers Protection Act to require that local governments seeking to override the recommendations of planning commissions in regard to developments in protected river corridors must obtain a finding from the Director of the Environmental Protection Division that the application is consistent with the corridor land and water use plan or will provide protection equivalent to the corridor use plan.


Courts Notice: Transcripts And Court Reporter Fees: Notice, Georgia State University Law Review Sep 1986

Courts Notice: Transcripts And Court Reporter Fees: Notice, Georgia State University Law Review

Georgia State University Law Review

The Act amends O.C.G.A. 15-5-21 to require the Georgia Judicial Council to give at least thirty days prior written notice of intent to adopt rules and regulations relating to transcripts and court reporter fees. This notice must include a copy of the proposed rule or regulation and must be provided to the chairpersons of the Judiciary Committee and Special Judiciary Committee of the House and the Judiciary Committee and Judiciary and Constitutional Law Committees of the Senate. The validity of a Judicial Council rule or regulation promulgated after July 1, 1986 is subject to challenge for noncompliance with this section …


Civil Procedure Production Of Documents: Physician-Patient Privilege And Clergyman Privilege, Georgia State University Law Review Sep 1986

Civil Procedure Production Of Documents: Physician-Patient Privilege And Clergyman Privilege, Georgia State University Law Review

Georgia State University Law Review

The Act changes certain procedures applicable to requests to produce documents made to nonparties; provides that communications made to a clergyman by a person seeking counseling will be considered privileged communications; and includes medical records of hospital and health care facilities, including those operated by state agencies or other governmental units within the physician-patient privilege.


Corporations Secretary Of State: Retention Of Documents, Georgia State University Law Review Sep 1986

Corporations Secretary Of State: Retention Of Documents, Georgia State University Law Review

Georgia State University Law Review

The Act amends the Georgia Business Corporation Code and the Professional Corporation Act by: establishing retention periods for original corporate documents filed with the Secretary of State and documents in microform; expanding grounds for revocation of corporate name reservations; redefining the term &"professional corporation&" to include foreign corporations; granting rule-making authority to the Secretary of State and removing the term &"ex-officio&" before the title of Corporation Commissioner.


Courts Juvenile Court: Termination Of Parental Rights, Georgia State University Law Review Sep 1986

Courts Juvenile Court: Termination Of Parental Rights, Georgia State University Law Review

Georgia State University Law Review

The Act revises the law governing juvenile court proceedings for the termination of parental rights and provides standards and procedures under which parental rights may be terminated.


Alcohol Watercraft Operation Under The Influence Of Alcohol, Drugs: Prohibited, Georgia State University Law Review Sep 1986

Alcohol Watercraft Operation Under The Influence Of Alcohol, Drugs: Prohibited, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits the operation of boats and related activities by persons under the influence of drugs or alcohol. It specifies the level of alcohol to be considered &"under the influence&" and adopts the implied consent rules for chemical testing of suspected violators.


Commerce And Trade Notice: Fuel Sales: Unlawful Practices: Punitive Damages, Georgia State University Law Review Sep 1986

Commerce And Trade Notice: Fuel Sales: Unlawful Practices: Punitive Damages, Georgia State University Law Review

Georgia State University Law Review

The Act amends O.C.G.A. 10-1-255 relating to civil actions for unlawful practices in the marketing of octane or cetane fuels under the &"Below Cost Sales Act&" to provide for punitive damages up to specified maximum amounts. Under prior law, O.C.G.A. 10-1-255(b), a person who sustained a competitive injury from such unlawful trade practices was limited to recovery of actual or special damages including reasonable attorney's fees and the cost of litigation.


Commerce And Trade Promotional Contests: Compliance With Fair Business Practice Act Requirements, Georgia State University Law Review Sep 1986

Commerce And Trade Promotional Contests: Compliance With Fair Business Practice Act Requirements, Georgia State University Law Review

Georgia State University Law Review

The Act regulates promotional giveaways and contests under the Fair Business Practices Act by requiring disclosure of the value and chance of receiving the prizes, gifts or awards.


Commercial Code Financing Statement: Maturity Date, Georgia State University Law Review Sep 1986

Commercial Code Financing Statement: Maturity Date, Georgia State University Law Review

Georgia State University Law Review

The Act places a limitation on the requirement that a financing statement or continuation statement contain either the maturity date of the secured obligation or specify that the obligation does not have a maturity date. This requirement is now limited to consumer transactions involving $5,000 or less, and the limitation is given limited retroactive effect. The Act also creates a broad definition of &"secured obligation.&"


Conservation And Natural Resources Notice: Lake Lanier Island Development Authority: Jurisdiction For Suit, Georgia State University Law Review Sep 1986

Conservation And Natural Resources Notice: Lake Lanier Island Development Authority: Jurisdiction For Suit, Georgia State University Law Review

Georgia State University Law Review

The Act amends O.C.G.A. 12-3-341 by changing the venue for actions involving the Lake Lanier Islands Development Authority and granting exclusive jurisdiction to the Superior Court of Hall County. Prior law provided that such actions be brought in Fulton County.


Courts Appeal Process: Probate Court And Traffic Cases, Georgia State University Law Review Sep 1986

Courts Appeal Process: Probate Court And Traffic Cases, Georgia State University Law Review

Georgia State University Law Review

The Act amends rules and procedures applying to probate courts serving counties of more than 150,000 population and having experienced judges. Probate courts thus defined can correct errors and grant new trials, and either party to a civil case in such a probate court may demand a jury trial. Decisions from such courts are to be appealed directly to the court of appeals or supreme court, and de novo appeals to the superior court are eliminated. The Act also amends several code sections to conform with these revisions by providing an exception where the Code would otherwise provide an appeal …


Courts Finality Of Judgments In Civil Cases, Georgia State University Law Review Sep 1986

Courts Finality Of Judgments In Civil Cases, Georgia State University Law Review

Georgia State University Law Review

The Act eliminates the complaint in equity as a method of directly attacking a judgment. Where reasons exists for what formerly would have been a complaint in equity, the appropriate method to attack a judgment is now a motion for a new trial or a motion to set aside the judgment.


Courts Notice: Inmates: On-Site Court Hearings, Georgia State University Law Review Sep 1986

Courts Notice: Inmates: On-Site Court Hearings, Georgia State University Law Review

Georgia State University Law Review

The Act amends O.C.G.A. 15-6-17 by allowing a county in which a correctional institution or jail is located to conduct habeas corpus and nonjury proceedings by using one or more superior court judges and conducting the hearings in a suitable room at the county facility. Prior law allowed such proceedings at state correctional institutions only.


Crimes And Offenses Drug Abuse: Cocaine Trafficking/Mixtures Containing Cocaine, Georgia State University Law Review Sep 1986

Crimes And Offenses Drug Abuse: Cocaine Trafficking/Mixtures Containing Cocaine, Georgia State University Law Review

Georgia State University Law Review

The Act specifies the amount of pure cocaine a mixture must contain in order to bring the mixture within the cocaine trafficking statute.


Crimes And Offenses Notice: Obstructing Law Enforcement Officers In Their Duties, Georgia State University Law Review Sep 1986

Crimes And Offenses Notice: Obstructing Law Enforcement Officers In Their Duties, Georgia State University Law Review

Georgia State University Law Review

The Act adds a new subsection (b) to O.C.G.A. 16-10-24 which provides for felony punishment when a person &"knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger&" in lawful performance of his duties by &"offering or doing violence or threats of violence against law enforcement officers.&" Intermediate felony punishment is available when the acts are more serious than the previously existing misdemeanor offense under O.C.G.A. 16-10-24(a) but less serious than aggravated assault under O.C.G.A. 16-5-21 (Supp. 1986).


Criminal Procedure Arrest Of Persons: Family Violence Provisions: Unmarried Cohabitation, Georgia State University Law Review Sep 1986

Criminal Procedure Arrest Of Persons: Family Violence Provisions: Unmarried Cohabitation, Georgia State University Law Review

Georgia State University Law Review

The Act allows a police officer to make an arrest without a warrant where there is probable cause to believe a criminal offense involving family violence has occurred between persons of the opposite sex living together in a meretricious relationship.


Criminal Procedure Malicious Or Unfounded Prosecution: Penalties Assessed By Magistrates, Georgia State University Law Review Sep 1986

Criminal Procedure Malicious Or Unfounded Prosecution: Penalties Assessed By Magistrates, Georgia State University Law Review

Georgia State University Law Review

The Act amends the criminal code to give magistrates at commitment hearings the discretion to assess costs against persons who instigate unfounded or malicious prosecutions.


Regulating Business Activity By Means Of The Substantive Due Process And Equal Protection Doctrines Under The Georgia Constitution: An Analysis And A Proposal, L. Lynn Hogue Sep 1986

Regulating Business Activity By Means Of The Substantive Due Process And Equal Protection Doctrines Under The Georgia Constitution: An Analysis And A Proposal, L. Lynn Hogue

Georgia State University Law Review

No abstract provided.


The History Of The Georgia Bill Of Rights, Robert N. Katz Sep 1986

The History Of The Georgia Bill Of Rights, Robert N. Katz

Georgia State University Law Review

No abstract provided.


Highways, Bridges, And Ferries Notice: Department Of Transportation: Contracts: One Bid Received, Georgia State University Law Review Jun 1986

Highways, Bridges, And Ferries Notice: Department Of Transportation: Contracts: One Bid Received, Georgia State University Law Review

Georgia State University Law Review

The Act expands bidding procedures to be followed by the Department of Transportation in accepting or rejecting bids from contractors for construction contracts under O.C.G.A. 32-2-69. In situations where only one bid is received for a particular contract, the Act allows the department to accept the bid, using the Department's cost estimate as a basis for accepting or negotiating the bid. The Department may negotiate a fair price with the sole bidder if the bid price exceeds the department's estimate. The Act also permits the Department to readvertise, perform the work, offer the job to the next lowest bidder or …


Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review Jun 1986

Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review

Georgia State University Law Review

The Act requires insurance companies to continue coverage under group accident and insurance policies for three months after cancellation, and provides conversion rights at the end of the three-month period. The Act also repeals requirements for notice of coverage termination under certain group accident and sickness policies.


Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review Jun 1986

Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review

Georgia State University Law Review

The Act declares the public policy of the State to be that municipal corporations are immune from liability for legislative or judicial actions. The purchase of liability insurance by the municipal corporation will not waive this immunity except as provided in O.C.G.A. 33-24-51, or unless the insurance policy covers the occurrence, and then only to the extent of the insurance policy coverage.


Professions Occupational Regulation: Review Commission, Georgia State University Law Review Jun 1986

Professions Occupational Regulation: Review Commission, Georgia State University Law Review

Georgia State University Law Review

The Act creates a council to review all proposed legislation on occupational licensing or certification. The Act specifies factors the council must consider in evaluating the need for regulation and information that may be required of any applicant group proposing the legislation.