Upgrade to remove ads
Only $2.99/month

Misc

Terms in this set (50)

Res Judicata
Claim Preclusion
Collateral Estoppel
Issue Preclusion
New York Fiduciary Powers Act
Sets out powers that can be exercised by a trustee
Uniform Prudent Investor Act (UPIA)
Allows trustee flexibility to shape the investment strategy for maximum total return and to adjust income to beneficiaries to be fair to each of them
Common Law Conspiracy
Elements:
1) Agreement between two or more people
2) Intent to agree
3) Intent to pursue an unlawful objective; AND

(optional) An Overt Act in furtherance of the crime
Accomplice Liability
Person who aids or encourages Principal to commit illegal conduct
With intent to assist the Principal in the commission of a crime, and
Intent for the Principal to commit the crime
Fraud SoL
6 years
Medical Malpractice SoL
2.5 years from date of malpractice

If ongoing treatment after malpractice, SoL is tolled until last visitation for the treatment

If a foreign object, SoL begins when it was or should have been discovered
Indemnity SoL
6 years
Rape SoL
5 years
Adverse Possession
10 years
Article 78 Proceeding
4 months
Action on Judgment SoL
20 years
Intentional Torts on Person SoL
1 year
Non-Medical Malpractice SoL
3 years

Financial Loss: measured from completion of services

Bodily Injury: measured from time of injury
- if building is 10 years old, must service Notice of Claim 90 days before suit
Contracts (Non-UCC) SoL
6 years
Crime Victim Against Convicted D - Serious Crime
10 years
Negligence (and non-intentional personal torts) & Property Tort SoL
3 years measured from date of the injury

Include Strict Products Liability

Toxic Substance Product Liability: begins on the earlier of the discovery or when it should have been discovered
Equity SoL
6 years
Wrongful Death (Victim)
2 years
Contracts (UCC) SoL
4 years

If breach of warranty, measured from date of delivery of the product
Crime Victim Against Convicted D - Non-Serous Crime
7 years
Torts of Municipal Ds & Employees SoL
1 year 90 days from date of the accident
- Notice of Claim required within 90 days of accident
Murder Degrees
1st: Person 18 or older with Intent to Kill plus
- multiple victims
- witness intimidation
- felony murder (intentional killing)
- officer
- murder for hire

2nd:
- Highly Reckless Killing (usually endangering multiple people)
- Felony Murder (unintentional killing)
- Intentional Killing, not 1st degree
Arson Degrees
4th: Reckless burning of a building from an intentional fire

3rd: Intentional burning of a building after starting a fire

2nd: 3rd, plus reasonable chance someone was inside

1st: 2nd, plus using explosives or incendiaries
NY Infancy Defense
16 or older: any crime (except 1st degree murder)
14-15: serious crimes against person/property
13 or older: 2nd degree murder
Under 13: no adult punishments
NY Insanity Test
D lacked substantial capacity know or appreciate either
1) the nature or consequences of his conduct, or
2) that his conduct was wrong
Areas Unprotected by 4th Amendment
Odor
Characteristics
Open Fields
Automobile
Financial Records at Bank
Air Space
Garbage at Curb
Exceptions to Warrant (permissible searches of otherwise protected spaces)
ESCAPIST

Exigent Circumstances
Search Incident to Arrest
Consent
Automobile
Plain View
Inventory
Special Needs
Terry Stop/Frisk
Ancient Document Rule
Automatically authenticated if 30 years old in NY, facial free of suspicion, found in place of natural custody

(20 in Fed)
Burglary Degrees
3rd: illegally entering a building with or gaining an intent to commit a crime

2nd: 3rd, plus either
- it is a dwelling
- using a weapon
- victim is injured

1st: 3rd, plus knowing it is a dwelling, and either
- using a weapon
- victim is injured
Robbery Degrees
3rd: Forcible stealing

2nd: 3rd, plus either
- aided by another present person
- injury to victim
- threat of physical force
- car is stolen

1st: 3rd, plus
- serious injury to victim
- D uses/displays a loaded firearm
Larceny Degrees
1st: 1,000,000 and over
2nd: 50,000 - 1,000,000
3rd: 3,000 - 50,000
4th: 1,000 - 3,000
Petit: under 1,000
Sexual Assault Degrees
1st: sexual intercourse with another either
- who is under 11
- who is under 13 and D is 18
- is physically helpless
- using force

2nd: D is 18 and victim is under 15

3rd: any other statutory rape
Statutory Rape
Victim is under 17 (age of consent) and D is 21 or over
Kidnapping Degrees
2nd: Abducting someone

1st: 2nd, plus either
- with a ransom
- restraint for more than 12 hrs with intent to harm/rape/rob
- death
Unlawful Imprisonment Degrees
2nd: unlawfully restraining someone without his valid consent and with knowledge that restriction is unlawful

1st: 2nd, plus a risk of serious physical injury
Manslaughter Degrees
1st:
- Extreme Emotional Disturbance Killing
- Intent to cause serious harm

2nd:
- Reckless conduct killing
- Aiding in suicide
Assault Degrees
1st: intentionally causing serious physical injury using a weapon

2nd: intentionally causing serious physical injury without a weapon

3rd: intentionally causing non-serious physical injury

Menacing: traditional assault; no intent to injure
NY Criminal Laws
New York Penal Law
NY Trusts and Wills Laws
Estates, Powers and Trusts Law (EPTL)
NY Contracts Law
NY General Obligations Law
NY Admin Law
State Administrative Procedure Act (SAPA)
NY Corporations Law
New York Business Corporation Law (BCL)
Permanent Injunction
1) P has no adequate remedy at law

2) P must show he has suffered some harm to a property interest or protectable right

3) Must demonstrate the injunction is enforceable

4) Balance of hardships tips in P's favor
NY Civil Procedure (NY Practice) Law
Civil Practice Law and Rules (CPLR)
Survival Claim SoL Tolling
After death, gets longer of time remaining or one year from death
SoL Tolling for D suing deceased party
18 months are added if SoL had not expired
6 month grace period
Timely commenced, dismissed before trial, SoL has less than 6 months left; you get 6 months from dismissal

Exceptions: on merits, voluntary, pattern of delay, PJ
Secured Transactions Law (non-Mortgage)
Article 9 of UCC
THIS SET IS OFTEN IN FOLDERS WITH...