Who are legal guardians in New York State?
Guardianship is a legal system designed to protect people who are incapable of managing their own personal, medical, and/or financial affairs due to mental or physical disability. Under Article 81 of New York’s Mental Hygiene Law, a person concerned with the welfare of an individual can commence a proceeding in court.
Can a small claims court hear a case in another state?
The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. Lawyers call this jurisdiction. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live.
How does diversity of citizenship subject matter jurisdiction work?
There must be complete diversity. In order for a party to file a lawsuit under diversity of citizenship subject matter jurisdiction in federal court, complete diversity must exist between all parties. This means that no two plaintiffs or defendants can be citizens of the same state.
Can a California citizen Sue in federal court?
Carl, a California citizen, was injured in a car accident that was caused by two other drivers, Doug, a Delaware citizen, and Catherine, a California citizen. Carl cannot sue in federal court because complete diversity does not exist among all the parties to the lawsuit. Carl can sue in state court for his injuries, however.
What happens if you dont practice law in New York?
Under the New York State CLE Program Rules you are exempt from New York’s CLE requirement if, during your biennial reporting cycle, you do not practice law in New York. 22 NYCRR § 1500.5 (b) (1).
Can a civil rights claim be filed outside of New York?
The act constituting a violation of right of privacy must occur within the state of New York, regardless of where the plaintiff or defendant resides. A person domiciled outside of New York may assert or defend a Civil Rights Law §§ 50 and 51 claim, based on an infringing activity within New York.
Can a person be sued outside of New York?
A person domiciled outside of New York may assert or defend a Civil Rights Law §§ 50 and 51 claim, based on an infringing activity within New York. For example, a defendant in California who posts unauthorized images of plaintiff on the Internet and over social media may be sued in New York courts for violation of plaintiff’s right of privacy.
What is the law in New York State?
Procedural Posture: In wife’s matrimonial action against her ex-husband, she sought to introduce as evidence emails that she had obtained from his email account by using his password after the parties had separated. The court considered whether to exclude or admit the evidence. Law: N.Y. Penal Law § 250.05