...Lecture #1 NY State Local Courts Specialty Court Main 3 Tier System County Court Family Court Court of Appeals City Court Surrogate’s Court Appellate Division Town & Village Court Court of Claims Supreme Court Town & Village You don’t have to be a licensed attorney to become a town / village judge Traffic tickets are the most cases in town/village court DWI Reckless Driving AUO Limited Criminal Jurisdiction (Jurisdiction = Authority) Misdemeanor = Minor Crime Felony = Major Court Limited Civil Jurisdiction (Civil = money or property) Summary Proceeding = Eviction matter Lawsuit of Landlord trying to evict the tenant Town/Village court small claim limit is $3,000 (City is $5,000) Small claims are brought against the defendant in the town the defendant resides in. Small claim jurisdiction in City Court is Countywide. City Court Biggest volume regarding traffic matters Misdemeanor Jurisdiction Civil Jurisdiction Summary Proceedings Small claims jurisdiction (up to $5,000. Countywide) Need to be a licensed attorney to be a city court judge, practice 5 years minimum, and resident of the city County Court Every county has one Felony, Criminal Trials = 95% Appeals from lower courts go up to County courts Limited Civil Jurisdiction, Small claims Court of Claims Claims brought against the state. If you have a lawsuit against the state of NY, bring it to Court of Claims. “Sovereign Immunity”...
Words: 3071 - Pages: 13
...A contract can become a very important and essential part of any agreement between people. “A contract is a legally enforceable agreement that is created when two or more competent parties agree to perform or to avoid performing, certain acts that they have a legal right to do and that meet certain legal requirements”. (Anthony L. Liuzzo, 2010) Capacity means that “in the law sense, denotes some ability, power, qualification or competency of persons, natural or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as the capacity to devise, to bequeath, to grant or convey lands; or to take and hold lands, to make a contract and the like”. (The 'Lectric Law Library, 2011) The capacity matters when a contract is going to be written. It can become crucial to know the ability of the other party involved in the contract, this way you have a better understanding of how the agreement will function in the future. The wide-ranging belief of the law is that all individuals have a capacity to contract. A person who is trying to escape a contract would have to plead his or her lack of capacity to contract against the party who is trying to enforce the contract. For example, he would have to prove that he was a minor, adjudged incompetent or drunk or drugged, and so forth. Often this is the most difficult burdens of proof to overcome due to the presumption of one's ability to contract. “In most states, the standard for mental...
Words: 775 - Pages: 4
...Contracts in the Commonwealth of Puerto Rico LAW 421- Contemporary Business Law July 8, 2014 On week three of our course, we were ask to write a word paper on Contracts in the Commonwealth of Puerto Rico in which we will describe the contracts according with the following cases; * Muñiz v. COPAN, 113 D.P.R. 157 (1982) * Trinidad v. Chade, 153 D.P.R. 280 (2001) * Las Marías v. Municipio, 159 D.P.R. 868 (2003) First, we must define contract in order to understand what role they have in our business law. A business contract is one of the most common legal transactions one can be involved in when running or working on a business. No matter what type of business one may run, having and understanding contract law is the key to creating sound business agreement that will be legally enforceable in the event that a dispute may arises. A contract is a legally enforceable agreement between two or more parties that creates an obligation to do or not do a particular thing. The term “party” can mean an individual person, company, or corporation. Contracts are usually governed and enforced by the laws in the state where the agreement was made (Melvin, 2011). Depending upon the subject matter of the agreement (i.e. sale of goods, property lease), a contract may be governed by one or two types of state law. * The Common Law; the majority of the contract (employments agreements, leases, general business agreements) are controlled by the state’s common law made, form court...
Words: 1953 - Pages: 8
...provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal agency regulations. A9. Statutory law does not include county ordinances. B9. Common law is a term for the laws that are familiar to most of us. A10. No state has adopted the Uniform Commercial...
Words: 47497 - Pages: 190
...Arbitration Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.[1] Other forms of ADR include mediation[2] (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle...
Words: 4238 - Pages: 17
...Culberton Vs Brodsky: A Case for Illusory Promise Illusory Promise is said to be a statement, a promise, and or an assurance that appears to assure a person or an entity to do or execute an action or activity and form a contract which, when properly scrutinized, leaves to the speaker the choice of performance or nonperformance, meaning that the speaker is not legally bound to act upon his/her statement. It is a situation whereby the provisions of the promise make the performance of the promise optional or completely within the discretion, pleasure, and control, of the person that made the promise. When this happens, it is believed that there has been nothing promised. Lack of mutuality is a ground for a statement and or promise to be considered illusory promise. If an agreement grants only one party consideration of any kind, the agreement is not considered to be a binding legal contract. For instance, for my colleague to promise to pay my school fees for as long as I want to go to school is not a binding legal agreement; rather it is an illusory promise because, the subject of the promise is not such that asks for anything in return and my colleague does not receive any consideration for the promised payment, and did not form a contract. The Agreement Culberton had a real estate to sell and Brodsky was interested in the estate. They both had an option contract and Brodsky later decided to buy the property, but the offer was turned down by Culbertson. From every...
Words: 909 - Pages: 4
...Course number 1) The concept of Mercantile Right in P.R. to tenor with the cases of the Supreme Court of Puerto Rico; Fish market Pink v. Lozada, 116 DPR 474 (1985) and Reece v. Ariela, 122 DPR 270 (1988). CONCEPT OF MERCANTILE RIGHT Mercantile right is the negotiation or traffic that applies to commerce for the purpose of making a profit. This right is protected by laws that give a person or business entity the right to engage in commerce. According to Tulane University Professor Vernon V. Palmer (2001), Puerto Rico's mercantile law stems from various sources (primarily Spanish and US) and has different statutes for different areas that are relative to commercial and industry. In 1995, Puerto Rico adopted Articles 5, 7, 8, and 9 of the United States' Uniform Commercial Code and as such, greatly affected by legal changes and decisions in the US. APPLICATION TO THE CASES FISH MARKET PINK, INC. v. OSVALDO LOZADA CREEK In June 1980, Lozado bought a boat that had been registered as a fishing vessel. In July 1980, Lozada (not a fisherman) sold a boat to Rosas. The sale included a loan amount for repairs necessary. In 1981, Rosas founded the Pink Company/Signature Fishing Market (???) and transferred the debt from a personal one to one of the business. In 1983 Lozada began collection attempts on the loan amount. The loan amount was being disputed by Rosas as not a valid claim. According to the case provided, the loan would be mercantile as long as the following circumstances...
Words: 1447 - Pages: 6
...The good aspects of relying on precedent to decide current cases is that people will know what can happen if it is same type of case. It will lead to same outcome to all, with no exceptions. The bad aspects of relying on precedent are that if there is a wrong precedent it will keep for a very long time, making it very rigid and with no exceptions. In the case I chose as a landmark in previous assignment: Gideon vs. Wainwright. Gideon was an indigent and he was not given a counsel appointed by the court when he asked for it, because his case was a noncapital case. He was sued for robbery and as a result he got in jail. He took a long time until the Supreme Court saw the case, during his stay in jail. Finally the 9 judges allowed him to have a lawyer who defended him and had a fairer trial (equal conditions) where a lawyer defended him and set up a landmark and precedent for the future. During the new trial it was shown that he was not who commit the robbery. ADR means “Alternative Dispute Resolution”. These are: negotiation, arbitration, mediation, mini-trial, fact-finding and judicial referee. Usually litigation is more expensive because of the legal fees and expenses and also it can take years for the court system to resolve disputes. The elements of a negligence claim are: -Duty of care -Breach of duty -Injury to plaintiff -Actual cause -Proximate cause The difference between intentional tort and negligence is the intention. In negligence claims...
Words: 3386 - Pages: 14
...“The current law on pre-nuptial arrangements in England and Wales is unsatisfactory. Couples should be free to determine their own property and financial arrangements on relationship breakdown under legally enforceable contracts.” Critically analyse this statement with reference to recent developments in England and Wales, and in other jurisdiction(s) where appropriate. In a society where forty two per cent of marriages end in divorce, marriage breakdown is an unfortunate yet inevitable reality for many. With the development of pre-nuptial agreements in many other jurisdictions, there has been recent pressure on the government here to legislate in the area of the law. Pre-nuptial agreements are entered for many reasons, there are the obvious security benefits such as protecting your wealth in case of marriage breakdown and there are also less cynical reasons such as safeguarding for children of a previous marriage or protecting family wealth. This essay will outline the current law on pre-nuptial agreements in England and Wales, followed by recent developments and views. The US laws on pre-nuptial agreements will be drawn upon as a comparison and the conclusion will focus on what is the best way forward for England and Wales. I propose that this will be updating current legislation to allow pre-nuptial agreements as the freedom to arrange a marriage as they so wish should be reflected in their freedom to make arrangements for the financial breakdown of their relationship...
Words: 2999 - Pages: 12
...Supreme Court of the Philippines Batas.org G.R. No. 109125 EN BANC G.R. No. 109125, December 02, 1994 ANG YU ASUNCION, ARTHUR GO AND KEH TIONG, PETITIONERS, VS. THE HON. COURT OF APPEALS AND BUEN REALTY DEVELOPMENT CORPORATION, RESPONDENTS. DECISION VITUG, J.: Assailed, in this petition for review, is the decision of the Court of Appeals, dated 04 December 1991, in CA-G.R. SP No. 26345 setting aside and declaring without force and effect the orders of execution of the trial court, dated 30 August 1991 and 27 September 1991, in Civil Case No. 87-41058. The antecedents are recited in good detail by the appellate court thusly: "On July 29, 1987 a Second Amended Complaint for Specific Performance was filed by Ann Yu Asuncion and Keh Tiong, et al., against Bobby Cu Unjieng, Rose Cu Unjieng and Jose Tan before the Regional Trial Court, Branch 31, Manila in Civil Case No. 87-41058, alleging, among others, that plaintiffs are tenants or lessees of residential and commercial spaces owned by defendants described as Nos. 630-638 Ongpin Street, Binondo, Manila; that they have occupied said spaces since 1935 and have been religiously paying the rental and complying with all the conditions of the lease contract; that on several occasions before October 9, 1986, defendants informed plaintiffs that they are offering to sell the premises and are giving them priority to acquire the same; that during the negotiations, Bobby Cu Unjieng offered a price of P6-million while...
Words: 4537 - Pages: 19
...created to regulate them. Indian gaming has proven to be the most successful and largest generator for revenue but there are tribes that refuse or unable to take part in this because of moral or traditional reasons or that their geographic establishment makes it difficult to enable gaming. The main law that oversees this topic is the Indian Gaming Regulatory Act that allows states to apply laws to a limit. This also allows tribes to bring states into court to discuss what the tribes are allowed to do and how much the state should regulate if the tribes want to establish...
Words: 752 - Pages: 4
...Assignment on: Aspect of Contract Executive summary For our everyday purpose, we have to meet with different category people. Due to the blessings of globalization, now, we people have been able to communicate with people from outside of our country. Globalization system has made it easy for us to express our needs and demand to outside of the world and get the best solution. All these developments have made our business world faster than ever and this trend is still going on. But to take any sort of massive or minor project, we have to sit with many different parties and make lawful agreement with them so that one party can demand for their legal right if necessary. This assignment has been designed completely on aspects of contract. How a contract can be formed and what are the necessary elements for the formation of a contract have been comprehensively explained here. Table of Contents Executive summary ii Introduction 1 01 Initial evaluation 1 1.1 Explanation of the importance of essential elements required for the formation of a valid contract 1 1.2 The impact of three methods in terms of forming and binding enforceable contract under the English Law. 2 02 Initial Business situations 4 2.1 Essential elements of a valid contract to advise Andrew 4 2.2 Law on contract terms to advise Cheltenham Champions Hotel on the claim of the guest 5 2.3 The effect of the contract terms to advise the downton hotel will be described in below 5 03 Further assessment...
Words: 3726 - Pages: 15
...UNIT – I ➢ Essential elements of a valid contract. ➢ Essentials of a valid offer. ➢ Essentials of valid consideration. ➢ Stranger to consideration. ➢ “No consideration- No contract” – explain and give exceptions. ➢ Discuss the provisions of law relating to contract by minor. ➢ Agreements Opposed To Public Policy. ➢ Free consent. ➢ Legality of object and consideration 1. ESSENTIAL ELEMENTS OF A VALID CONTRACT 1. “All contracts are agreements but an agreement are not contracts” – Discuss? (OR) Essential elements of valid contract? Ans. Indian contract Act (I A), 1872, sec 2 defines a contract us “an agreement enforceable by law.” From the above definitation, the features of contract can be classified as 1. Agreement 2. Legal obligation. 1. Agreement: According to Sec2 (e), “Every promise or every set of promises forming consideration for each other” is called an Agreement. Therefore, AGREEMENT = OFFER + ACCEPTANCE CONTRACT =AGREEMENT+ENFORCEABILITY AT LAW FEATURES OF AN AGREEMENT: 1. Plurality of the parties 2. Consensus – ad-idem 3. Legal obligation 1. Plurality of the parties; for every agreement, there should be minimum two parties because one person alone cannot enter into an agreement with himself. 2. Consensus – ad-idem; the minds of both the parties must be in ad-idem, i.e., both...
Words: 11667 - Pages: 47
...coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with fines and/or loss of freedom through jail or probation; * Both of them can be also combined Jurisprudence is the science and philosophy of law; system or body of law; the course of court decisions...
Words: 6978 - Pages: 28
...Detrimental Reliance Detrimental Reliance occurs when someone takes action or fails to take action because of what appeared to be a promise made by another individual, without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability, even though no formal contract was formed, because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First, A makes a false representation of fact to B or to a group of which B was a member. [It is not necessary to demonstrate A knew that the representation was untrue.] Second, in making the representation, A intended or [in the alternatively,] knew that it was likely to be acted upon. Third, B, believing the representation, acts to its detriment in reliance on the representation. [It must have been reasonable to rely on the representation.] Fourth, A subsequently seeks to deny the truth of the representation. Fifth, no defense to the estoppel can be raised by A. (The Law of Waiver, Variation and Estoppel) Section 90 of the Restatement (Second) of the Law of Contracts reads, “Promise Reasonably Inducing Action or Forbearance: A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise...
Words: 2785 - Pages: 12
