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Business Law Components

In: Other Topics

Submitted By awynne2323
Words 3071
Pages 13
BLAW 510 Notes

Lecture #1

NY State

Local Courts Specialty Court Main 3 Tier System

County Court Family Court Court of Appeals
City Court Surrogate’s Court Appellate Division
Town & Village Court Court of Claims Supreme Court

Town & Village
You don’t have to be a licensed attorney to become a town / village judge

Traffic tickets are the most cases in town/village court
DWI
Reckless Driving
AUO

Limited Criminal Jurisdiction (Jurisdiction = Authority)
Misdemeanor = Minor Crime
Felony = Major Court

Limited Civil Jurisdiction (Civil = money or property)

Summary Proceeding = Eviction matter
Lawsuit of Landlord trying to evict the tenant

Town/Village court small claim limit is $3,000 (City is $5,000)
Small claims are brought against the defendant in the town the defendant resides in.

Small claim jurisdiction in City Court is Countywide.

City Court

Biggest volume regarding traffic matters
Misdemeanor Jurisdiction

Civil Jurisdiction

Summary Proceedings

Small claims jurisdiction (up to $5,000. Countywide)

Need to be a licensed attorney to be a city court judge, practice 5 years minimum, and resident of the city

County Court

Every county has one

Felony, Criminal Trials = 95%

Appeals from lower courts go up to County courts

Limited Civil Jurisdiction, Small claims

Court of Claims

Claims brought against the state. If you have a lawsuit against the state of NY, bring it to Court of Claims.

“Sovereign Immunity” - you can only sue the state if you bring it to court of claims

Surrogate Court

One in every county

Handles Wills & Estates

Will is only effective after you die and surrogate judge approves will and will comes into execution

Will doesn’t affect named nominee situations in bank accounts (Joint account for example)

Adoption is dealt in Surrogate Court…...

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