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Krimstock Hearing
A Krimstock hearing is an administrative law proceeding that offers vehicle owners the opportunity to recover possession of a vehicle confiscated by the New York City Police Department (NYPD) during an arrest. Police have authority to impound vehicles used as an instrument of a crime, and later to seek permanent ownership of these vehicles in civil forfeiture actions. Such forfeiture actions, like the Krimstock administrative hearings, are entirely separate from any criminal charges the vehicle owner may face stemming from his or her arrest. At the hearing, the NYPD must demonstrate (1) that it followed proper procedure in arresting the person and taking the vehicle, (2) that it is likely to win the civil forfeiture action, and (3) that returning the vehicle would cause a danger to the public. If the NYPD fails to demonstrate one of these three things, the vehicle is returned to its owner pending the outcome of the separate civil forfeiture action. The Krimstock hearing proces ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vehicle Seizure Form
A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles ( motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles ( trains, trams), watercraft ( ships, boats, underwater vehicles), amphibious vehicles ( screw-propelled vehicles, hovercraft), aircraft ( airplanes, helicopters, aerostats) and spacecraft.Halsey, William D. (Editorial Director): ''MacMillan Contemporary Dictionary'', page 1106. MacMillan Publishing, 1979. Land vehicles are classified broadly by what is used to apply steering and drive forces against the ground: wheeled, tracked, railed or skied. ISO 3833-1977 is the standard, also internationally used in legislation, for road vehicles types, terms and definitions. History * The oldest boats found by archaeological excavation are logboats, with the oldest logboat found, the Pesse canoe found in a bog in the Netherlands, being carbon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Class Action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person brin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alvarez V
Álvarez or Álvares may refer to: People * Álvarez (surname), Spanish surname Places * Alvares (river), a river in northern Spain * Alvares (ski resort), in Iran * Alvares, Iran * Alvares, Portugal * Álvarez, Santa Fe, a town in the province of Santa Fe, Argentina *Álvarez, Tamaulipas, Mexico * Alvarez Glacier, Antarctica * General Mariano Alvarez, Cavite, Philippines *Los Alvarez, Texas, US *3581 Alvarez 3581 Alvarez, provisional designation ', is a carbonaceous asteroid and a very large Mars-crosser on an eccentric orbit from the asteroid belt, approximately in diameter. It was discovered on 23 April 1985, by American astronomer couple Carolyn a ..., an asteroid Other uses * Alvarez (''Gotham''), a character in the TV series ''Gotham'' * Manny Alvarez, a character in ''The Last of Us Part II'' * Alvarez Guitars, an acoustic guitar manufacturer *"Alvarez", a song by the band Funeral for a Friend See also * Álvares, a Portuguese and Galician surname * Alvarez' syndrome, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro-bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Columbia University School Of Law
Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked in the top five schools in the United States since the establishment of the law school rankings by '' U.S. News & World Report'' in 1987. Columbia Law is especially well known for its strength in corporate law and its placement power in the nation's elite law firms. Columbia Law School was founded in 1858 as the Columbia College Law School, and was known for its legal scholarship dating back to the 18th century. Graduates of the university's colonial predecessor, King's College, include such notable early-American legal figures as John Jay, the first chief justice of the United States, and Alexander Hamilton, the first Secretary of the Treasury, who were co-authors of ''The Federalist Papers''. Columbia Law has many distinguished alumni, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Se Legal Representation In The United States
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. This status is sometimes known as ''in propria persona'' (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person". Prevalence According to the National Center for State Courts in the United States, as of 2006 ''pro se'' litigants had become more common in both state courts and federal courts. Estimates of the ''pro se'' rate of family law overall averaged 67% in California, 73% in Florida's large counties, and 70% in some Wisconsin counties. In San Diego, for example, the number of divorce filings involving at least one ''pro se'' litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Law School
New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include Edward A. Purcell Jr., an authority on the history of the United States Supreme Court, and Nadine Strossen, constitutional law expert and president of the American Civil Liberties Union from 1991 to 2008. Prominent NYLS alumni include Maurice R. Greenberg, former Chairman and CEO of American International Group Inc. and current Chairman and CEO of C.V. Starr and Co. Inc.; Charles E. Phillips Jr., CEO of Infor and former President of Oracle; and Judith "Judge Judy" Sheindlin, New York family court judge, author, and television personality. Other past graduates include United States Supreme Court Justice John Marshall Harlan II and Wallace Stevens, the Pulitzer Prize-winning poet. According to ABA-required disclosures, 88.2% of the NYLS c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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