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New York Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for New York on
Q: violation the principles of equal protection incorporated in the Fifth Amendment.What is the constitutional problem here

New York recognizes the marriage of New York residents Ms. X and Ms. Y, who married in Canada. When Ms. Y died, she left her entire estate to Ms. X. Ms. X sought to claim the federal estate tax exemption for surviving spouses, but was barred from doing so by §3 of the federal Defense of Marriage... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

I believe your question has now been rendered moot.

1 Answer | Asked in Constitutional Law for New York on
Q: WHAT IS THE MAXIMUM TIME ALLOWED, IN LAW, FOR A JUDGE TO RENDER DECISION ON ANY MOTION?

IF THE JUDGE FAILS, WHAT ACTION(S) CAN THE MOVANT TAKE?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 29, 2015

You assume that there is a maximum time allowed, when in all likelihood there is none, and it is probably a reasonableness standard. Speak to a local attorney who knows the case law on this particular subject. For instance, in my state, there are appellate cases that deal with this issue and deem... View More

1 Answer | Asked in Constitutional Law for New York on
Q: Are "confession" twitter accounts legal?

If there's a local twitter account where students submit "confessions" anonymously but no names are mentioned and tweets are deleted by the account administrators at the request of people can the law or the cops do anything about it?

The account is supposed to encompass a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 28, 2015

You do not think that the government can find out exactly who made what post? They can, and if there is evidence of a crime, you can bet they will.

1 Answer | Asked in Constitutional Law for New York on
Q: does Fiduciary Access to Digital Assets (FADA) violate the 4th amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 23, 2015

The 4th amendment protects only against governmental searches and seizures. Additionally, you gave no facts, just a question.

1 Answer | Asked in Constitutional Law for New York on
Q: Doesn't Arkansas code 5-51-207 violate the ruling by the Supreme Court in Texas v. Johnson?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 21, 2015

The ruling nullifies the statute.

1 Answer | Asked in Constitutional Law for New York on
Q: if NYcity gave a catholic church $1.000.000 to build a new catholic university, what would it be a violation of?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 19, 2015

You assume that it would be a violation of something. It may not be a violation of anything at all. What are the facts?

1 Answer | Asked in Constitutional Law for New York on
Q: How can i practice my religion outside of my home as a adamite we believe that we should be as god created us

Before the original sin without the shame of covering ourselves

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

Do some legal research on "indecent exposure" and the public policy against it.

1 Answer | Asked in Constitutional Law for New York on
Q: How do I make it so if I express suicidal thoughts or try to commit suicide I can't be involuntarily stopped.
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Go to see a psychiatrist about the requirements for involuntary commitment.

1 Answer | Asked in Constitutional Law for New York on
Q: Is the following a constitutional question:

Is the following a constitutional question:

Under the law, the facts at issue in the trial are for the jury to determine. The law

applicable to the charges in the case is something on which the court will instruct

you. You are required to accept the law as the judge explains... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 11, 2015

Yes, it's a constitutional question. To my knowledge, however, "judicial nullification" has not been established as protected by the federal constitution or by the constitutions of the several states.

Q: Reopening Civil Rights Case postmortem

A friend filed a pro se lawsuit in federal court about 4 years ago.The judge immediately dismissed the case with prejudice, without the defendant filing an answer or motion . However, the plaintiff didn't mail the order of the judge dismissing the case to the defendant, and the plaintiff... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Probably not.

Q: hospital or mortuary negligence

If a death occurs in a hospital and the hospital transfers the body to the medical examiner's office for storage, can both organizations be sued if the medical examiner's office refuses to allow the adult child of the deceased to see the body and only shows that adult child a photo off... View More

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

More information is needed. Talk to an injury and/or constitutional lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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1 Answer | Asked in Constitutional Law for New York on
Q: What to do if a decision made by the US Supreme Court (SC) is proved wrong?

Suppose the SC made a judgement but it was later conclusively proved wrong, what would the SC do? One possibility is that the SC admits the wrongful judgment and reverses its own decision. However, if the SC refuses to respond to the criticism against its own judgement, what can the litigant do?... View More

Adam Studnicki
Adam Studnicki
answered on Jul 19, 2015

In some situations, State Supreme Court decisions may be appealed to the U.S. Supreme Court (which may or may not accept the case).

1 Answer | Asked in Constitutional Law for New York on
Q: What are the limitations on the united state's right to judicial review
Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

The United States has similar rights of review to any other litigant, and certain expanded rights in certain cases, such as, e.g., where a court has declared a federal statute to be unconstitutional.

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