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Results tagged with new-york-state
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user 344
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York in the United States of America. For questions pertaining to the city use the "new-york-city" tag.
1
vote
Accepted
Can a domestic partner evict someone even though all home utilities are in her name?
Unless there is a legally binding contract between the parties for
one of them to lease the premises (exclusively or on a shared basis)
from the other there is no question of eviction as there is no
…
- 226k
1
vote
Weather my comments committed coercion in the second degree in NY?
Probably not.
Based on this, you need to threaten someone so they will do something they are legally entitled to refuse to do or to refrain from doing something they are legally entitled to do. It may …
- 226k
3
votes
How can a municipality discourage and control destructive behavior?
I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here,
Question 1: I …
- 226k
1
vote
What if a board can't agree on a slate to propose for election at its annual membership meet...
This is not a problem.
The laws of NY require the members to elect the board at the AGM in accordance with the articles of incorporation and the by-laws. If these say nothing about how this happens t …
- 226k
3
votes
Perjury on Petition grounds for dismissal?
Misstating the truth is not perjury
Perjury is deliberately lying under oath to gain a material advantage.
For the situation you describe:
You might be wrong and they actually do live where they say …
- 226k
4
votes
To what extent can you be cross examined for "showing," rather than "telling" about a crime?
The situation you describe is extremely unlikely
First, you will have been required to give a statement to the police who would have asked you most or all of the questions that you suggest before anyo …
- 226k
5
votes
Accepted
What happens if Trump decides not to attend his New York trial?
Yes, but …
If he waives his right, and the prosecution doesn’t object, the court may allow him not to be there.
If he’s too disruptive, he can be barred by the court.
I would expect that if Trump …
- 226k
-2
votes
Why do the pundits think Trump would only be fined if convicted?
Because any offending is at the low end of seriousness
The crimes charged are FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, specifically:
The defendant, in the County of New York and elsewhere, on …
- 226k
17
votes
Are there any jobs that are forbidden by law to convicted felons?
Yes, but ...
australia
The Human Rights and Equal Opportunity Act (Cth) (HREOC Act) makes it illegal to discriminate on the basis of a criminal record unless it makes them unable to perform the 'inher …
- 226k
3
votes
Can a company be held to an agreement it signed before it was incorporated?
Only if the company consents
While some jurisdictions have by statute allowed corporations to be bound by pre-incorporation contracts, New York is not one of them and holds to the common law principle …
- 226k
1
vote
How/when do the parties know that a contract is a "go?"
When the offer has been accepted and that acceptance has been communicated
Or, for a contract with conditions precedent, as above plus when the preconditions have been met.
Or, when all parties act as …
- 226k
3
votes
How is an area deemed unsafe and needing to be cordoned off?
The powers given to law enforcement professionals will be detailed in the relevant law that establishes them.
I would suspect that the decision to cordon off an area would fall within the purview of …
- 226k
1
vote
Can you be penalized for pleading not guilty if you're found guilty?
Well, yes. It's called a fine and it will be written on the ticket; that is the penalty for the offence.
Right now you are presumed innocent; you can refute that presumption by paying the fine or you …
- 226k
2
votes
Accepted
How does "apparent authority" work for a company's directors?
As another answer has stated ostensible and apparent authority are the same thing.
A director has ostensible authority to do anything the company is legally able to do by virtue of being a director - …
- 226k
-1
votes
Can you take unpaid FMLA leave after already taking a paid leave?
... leave must be taken as a continuous block of leave unless the employer agrees to allow intermittent leave
What's so confusing? You are eligible for the leave but you didn't take it as a conti …
- 226k