This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial....
UCMJ Article 32 procedures in a military court martial are designed to give the accused due process rights, similar to a civilian grand jury or preliminary hearing. Overview Under the Fifth Amendment of the U.S. Constitution, a person has an express right to a Grand Jury indictment before they can...
New York Law School's Center for International Law Harlan Scholar's Program/Analysis Paper The Making of the Interim Iraqi Constitution Program Analysis Center for International Law The Center for International Law at New York School presented a C.V. Starr Lecture entitled "The Making of the...
The breakup of a marriage can be one of the most difficult and painful experiences a person can suffer. This pain can be exacerbated by the discovery of a spouse’s infidelity . If you're considering a divorce, learn what steps to take before you confront your spouse. Steps to Take Before...
This article explains the reciprocal nature of the ethical requirements governing all Tax Professionals. It also explains a taxpayer’s rights when confronted with unethical and inappropriate conduct. It then explains the tools available to Tax Professionals to report any ethical violations. Finally,...
The equal employment statutes affect all phases of the employment process, from the initial advertising of a job vacancy through the hiring, promotion, discipline, termination, and retirement of an employee. The rule remains the same at each stage of the employment process: an employer is...
The Basics of DUI Defense in Oklahoma ... What to expect, and what can be done about it. First, Stop and Do This Now! First, if you or someone you know has been arrested in Oklahoma for DUI or APC, you only have fifteen days from the date of arrest to request an administrative hearing from the...
One thing to remember is that laws pertaining to adoption vary widely from State to State. I would never recomment an individual attempting to draft and file a Petition for Adoption themselves. It's a child. Every "T" must be crossed and every "I" dotted. Close enough is tragic in adoption law. I'...
A guide to the legal requirements for grandparent visitation in Colorado Introduction A grandparent's loving relationship with his or her grandchild can often result in lifelong positive benefits for both the grandparent and the grandchild. However, Colorado law has strict requirements concerning a...
Reasons why you need an Expungement of your old North Carolina Convictions 1. Employment & Professional Licensure Employment is probably the most significant area affected by a criminal conviction. Employers often perform criminal background checks on potential employees and are more likely to...
DIVORCE is not a simple process, but a rather complex and often life changing event that will affect not only you, but your children. This is simply a roadmap. You don’t have to do it alone, find competent counsel to guide you through. Your lawyer will Draft the necessary documents. Your attorney...
Do not confront the other driver. Do not accuse the other driver of anything at the scene of the accident or after the crash. You are unlikely to get any information useful to your case from such a confrontation and you may risk making things more complicated. Do collect evidence at the scene of...
Every day we are bombarded by advertisers with the latest and hottest “must have" technology product. We are told by Apple, Samsung, and a host of other vendors that without their “latest" products we are falling behind and out of style. Increasingly, these new technologies are being used as forms...
I have read about people moving into empty homes and living there for months or longer until discovered – but I came upon it first-hand this past month. I was accompanying a real estate broker (I have a financial interest in this brokerage) for a view of a new listing the broker received. The home...
Military Sexual Assaults are a hot issue in Congress and with senior commanders. Not surprisingly, a lot of bad information has infected military culture. If you are a military member, you owe it to yourself to know the facts. 1. If some one says they are raped or sexually assaulted, they are...
In October 2010, an 18-year-old Peoria high school student was walking home from his job when a car jumped a curb near 83rd Avenue and Thunderbird, hitting and killing him. The driver of the car, then 23-year-old Laura Flanders, sped away after fatally running over the teenager , but police were...
Does a death threat amount to persecution? We have all heard the expression that “beauty lies in the eye of the beholder." Well, for asylum cases, persecution lies in the eyes of the immigration judge or officer. The conflicting decisions by courts around the country make it difficult to determine...
8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand...
The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...
The Issue Social media is increasingly being used in both civil and criminal trials. A party's own statements are not hearsay, so as long as they are relevant (not a difficult standard), they are generally admissible. Before we were posting our every thought, feeling, and feud online for everyone...
