Chptr 4, Federal & NYS Constitutions
What state did not attend the meeting for the constitution?
Rhode Island
What does the Town/village/City court deal with?
traffic, minor crimes,
offenses, small claims (up to $3000), also
landlord/tenant a/k/a housing court, and hears
arraignments for felonies that will move to County
or Supreme courts
Violations call for a jury trial, True or False
What is a Tort?
A private or civil wrong—an offense against an individual
What is common law marriage?
When a single man and a single woman live together, share common property, and behave as husband and wife over a prolonged period, usually 10 years or more.
What are the presidents obligations and powers?
ONLY NEED TO GET 1 RIGHT
Commander-in-chief, Signs or vetoes legislation, and recommends new laws to Congress, Nominates Cabinet members, federal judges, and ambassadors, subject to Senate confirmation, Negotiates treaties, grants pardons, Issues directives to manage federal government operations.
What court hears lawsuits that are against the state of New York?
Court of claims
What does PL and CPL stand for?
Penal Law and Criminal Procedure Law
What are the 4 elements of a Tort?
Duty, Breach, Injury, Causation
What is Cabitation?
An arrangement where two people who are romantically and sexually involved live together without being married
What are legislative's obligations and powers?
Overseeing the executive branch, confirming presidential appointments, and regulating commerce
What court deals with adoption?
Surrogate's Court
What letter represents the most serious of felonies and what letter represents the lowest of felonies?
A-highest, E-lowest
What are the 3 classifications of Torts?
Intentional , Negligence, Strict Liability
What is Marital consortium?
The law recognizes certain purposes as mutual duties of wives and husbands.
What is the 18th admendment and when was it ratified?
Abolishes the sale or manufacture of
alcohol in the United States.
Ratified in 1919
What is NYS highest court?
Court of Appeals
What happens when a felon commits the same crime?
It will lead to a more severe punishment
What is Reasonable person standard?
Requires that we act with care, prudence, and good judgment so as not to cause injury to others.
What is Annulment?
A court order that cancels a marriage because of a problem that existed from the beginning of the marriage.
What is the 25th admendment and when was it ratified?
Clarifies the vice-president becomes president in the event of the death of the president, resignation, removal from office, or impairment of the president.
Ratified in 1967
What states are in the Second Circuit Court of Appeals?
New York, Vermont and Connecticut
1. Arrest/Filing of Accusatory Instrument
2. Booking
3. Arraignment
4. Preliminary Hearing
5. Grand Jury
6. Arraignment after Indictment
7. Discovery
8. Pretrial Hearings
9. Trial
What is INTERFERENCE WITH CONTRACTUAL RELATIONS?
Occurs when a third party entices or encourages a breach of contract.
What is No-fault divorce?
The requesting spouse does not have to list a grievance against the other (i.e. – adultery, cruelty…etc.).