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New York Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New York on
Q: What exactly is the civil fraud case trump is charged with and how serious is it? Was the 454 million dollars too much?

Just want a summary. Not asking for political views or trying to state an opinion.

James L. Arrasmith
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answered on Mar 26, 2024

The civil fraud case against Donald Trump involves allegations made by the New York Attorney General's office, led by Letitia James. The case alleges that Trump and the Trump Organization engaged in financial fraud by inflating asset values on financial statements provided to banks and... View More

2 Answers | Asked in Constitutional Law for New York on
Q: What are your opinions on the Church of Lukumi Babalu Aye vs Hialeah case?

I'm a highschool student and I am doing a presentation on this. I would like a professional opinion.

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2023

You could research online for discussions - there are blogs and other resources on First Amendment cases. You could check if it comes up in those discussions. You could also look into law review papers to see if law students covered the case. Good luck

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1 Answer | Asked in Constitutional Law for New York on
Q: How would you like to Make huge real History AND Serve a huge PURPOSE in this Life Experience as a Lawyer, beyond Law?

Today, with so much stuff out of Alchemy Alignment, most all CAN Now BE FIXED. Like Periodic Table ARE ALL chemical Possibilities.. Alchemy ARE about Human Life and all unrealized. THIS Legal Aspect Has Never Been forefronted Before. AND WERE Writ alREADY. AND MUST Now Be Opened. WERE Writ FOR Each... View More

James L. Arrasmith
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answered on Nov 13, 2023

What is your question?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: How many retrials can a D.A. do in New York State?

My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: is there a way to sue Lelita James for breaking the first amendment?

New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.”

The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New... View More

James L. Arrasmith
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answered on Oct 26, 2023

The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights.... View More

1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for New York on
Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting... View More

James L. Arrasmith
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answered on Oct 18, 2023

From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider... View More

1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

James L. Arrasmith
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answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
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2 Answers | Asked in Education Law and Constitutional Law for New York on
Q: Per NY constitution, are all children of the state granted a public education, free of conditions (ie, vaccines)?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

This is something that an education law attorney could advise best on, but you await a response for a week. Until you're able to consult with an attorney who is experienced in education law, it's true that state constitutions may provide certain inherent rights. But as a general rule,... View More

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3 Answers | Asked in Constitutional Law and International Law for New York on
Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?

I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty?

and do we have any example for such a case?

Sincerely

Young researcher

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It depends on the particular facts and circumstances and whether the treaty is self-executing or not.

In Medellin v Texas, the Supreme Court determined that a treaty between the United States and Mexico pertaining to Mexican nationals charged with crimes in the United States did not require...
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1 Answer | Asked in Constitutional Law for New York on
Q: A lawyer in Canada and want to write the Bar in NY State but can't . I need a constitutional lawyer to fight NY rules.

I was called in the UK and Canada but it seems my LLB and LLM since distance learning is just not good enough while I was properly called to Ontario, Canada after having completed all the requirements of the National Committee on Accreditations and the Law Society exams and articles of clerkship.... View More

Rafail Veli
Rafail Veli
answered on Aug 16, 2023

A lawyer who wants to write the NY Bar but can't it seems because my education is not up to snuff for the Supreme Court Rules of NY.

This has got to change for me and others as bona fide lawyer who can write the California Bar but not the NY one!

Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
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answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in... View More

James L. Arrasmith
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answered on Mar 2, 2023

As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... View More

1 Answer | Asked in Constitutional Law for New York on
Q: Three courts including Supreme Court declared that I'm fully right, but refused to charge my defendant (Poland)

Documents:

https://law.justia.com/cases/federal/appellate-courts/cadc/19-7160/19-7160-2021-06-18.html

https://f.hubspotusercontent40.net/hubfs/878449/41519%20pdf%20ODonnell%20br.pdf

I am correct in all of my statements made in the statement of claim and read out during... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Because Poland is a Sovereign. "...Poland did not implicitly waive its sovereign immunity..."

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
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answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I need a civil attorney to represent me in a a lawsuit against CPS in New York State. Seems no one has the experience.
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2022

It's difficult for someone here to respond to your request for an attorney. The format of this forum is more Q & A than attorney referral service. To supplement your own searches, you could try the tab above, "Find a Lawyer." Additionally, the New York State Bar Association has... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Is it illegal to carry a cane sword that isn't sharpen (still original with dull edges) in New York?

I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened

Stuart Austin
Stuart Austin
answered on Apr 21, 2022

Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... View More

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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