MichiganLegalTeam asked:

Attorney Timothy M. Lessing discusses the judicial process when charged with a DWI in Michigan.

http://www.michiganlegalteam.com/drunk-driving.php

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David Siegel asked:


New York State is not one of the states that allows a no-fault divorce. In other words, to obtain a divorce in the state of New York, there must be proven grounds for the dissolution. If the non-filing party has not committed any act that would constitute grounds for divorce, the person desiring the divorce will not be able to obtain it.

Some of the grounds for divorce in New York are as follows:

Incarceration: meaning the confinement of the defendant in prison for a period of three or more consecutive years after the marriage.

Adultery: meaning the commission of a voluntary act of sexual or deviant sexual intercourse by the plaintiff with a person other than the spouse.

Abandonment: meaning the desertion of the plaintiff by the defendant for one or more years. Abandonment usually is physical, where one spouse moves out of marital residence and literally deserts the family. There is also constructive abandonment also known as constructive sexual abandonment. This ground is often used when both parties want to divorce as quickly as possible.

Cruel and inhuman treatment: meaning conduct by the non-filing party that endangers the physical or mental well-being of the plaintiff to make it unsafe or inhabitable for the plaintiff to cohabit with the defendant.

New York State is a state that encourages marriage. They make it very difficult to obtain a divorce unless both parties want the divorce. Just to the north in Connecticut, they allow no-fault divorces. In Connecticut, the two parties typically sign a stipulation stating that irreconcilable differences have led to the irretrievable breakdown of their marriage. They simply wait out a short time period, and are able to obtain the dissolution of marriage. Quite a contrast to the laws in the state of New York, which is a border state to Connecticut. In New York, if one of the parties who does not want to divorce has done absolutely nothing to provide grounds for the divorce, the person wanting the divorce will not be able to obtain it. The majority of states are not like New York and that they do allow for no-fault divorce. The legislature and the state congresses are geared towards doing the will of the people. The people of the United States have shown that they do not want to be held into a marriage against their will. The court system also does not want to be bogged down in hearings and contested issues regarding fault. That is why the majority of states in the United States are in fact no-fault states. New York, however, is not one of those states and there must be fault for sufficient grounds to obtain a successful dissolution action.



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Ron Mattocks asked:


The New York Post ran an article on June 8, 2008, titled NY Is #1 In Charity CEO Pay.  The article revealed either an embarrassing lack of understanding on the part of author Bruce Golding, and his editors at the Post, or a deliberate attempt to mislead the public.

Anyone who has ever lived in or visited New York City knows it is expensive.  The cost of living, or operating any business in New York City ranks at the highest levels in any comparisons of major metros.  Those employed by nonprofit organizations pay the same rental rates, the same commuter fees, and the same income taxes as those who work in the for-profit arena.  Nonprofit organizations compete for human resources, and although they cannot typically pay the same rate as for-profits, they must pay at a level proportionate to the local cost of living if they expect to recruit or retain skilled staff.

I find the use of the word “charity” in the headline and throughout the article to be troublesome.  The two specific cases referenced for high salaries paid to CEOs are the Metropolitan Opera and the Museum of Modern Art.  Both are incorporated as nonprofit organizations to serve the public, but not all nonprofit organizations are charities.  Many nonprofits serve the public under the umbrella of nonprofit law on a fee-for-service basis, including hospitals, universities, and even art museums or operas.  Under nonprofit law their tax burden is limited or eliminated, and they can raise capital through tax deductible donations. But that does not make them charities in the truest sense of the word.

True charities, on the other hand, are totally benevolent, serving populations that cannot help themselves nor can they pay a fee-for-service.  The Bowrey Mission, founded in 1878, is a wonderful example of a New York City charity.  During the past year, this nonprofit charity served over 400,000 meals and provided over 80,000 nights of shelter in their efforts to care for the 3,300 men and women living on the streets of New York City without shelter. Executive Director Ed Morgan is a gentle, compassionate man who came to the Bowrey Mission to serve, following a stellar corporate career.  According to the most recent IRS filings, the combined salaries of the top five managers total less than $300,000 (combined) to run this $9 million operation with over 100 employees.

The nonprofit community is a national treasure, and is rich in diversity serving every imaginable need through business models that range from totally benevolent (i.e. charitable) to fee-for-service operations that sustain themselves.  Diligent nonprofit boards take great care to establish executive compensation based on local cost of living, combined with market value of skills and experience based on comparable positions and responsibilities.  For the New York Post to imply that New York’s nonprofit community at large has been irresponsible in executive compensation, and to do so by referencing two highly paid (and appropriately so) nonprofit executives, is to grossly distort reality.  If every nonprofit serving New York City were to close down, government and industry could not fill the gaps, and the city would be in chaos.  We are all beneficiaries of the nonprofit community, and must do all we can to assure its integrity and continuing fiscal well being.



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Markus Skupeika asked:


Recent surveys showed that New York has more Americans renting than owning houses. Close to its heels comes Seattle registering an almost 7% jump in the roster of renters over last year’s figures. This trend does not show any signs of weakening interest, as more and more people are catching the “renter’s fever”. For 2007, apartment rentals have skyrocketed between 7 and 8% - a classic example of the law of supply and demand in real estate investment, taking action.

Reasons were varied: others opt to rent instead of owning a home due to many issues that have hounded the real estate industry for the past couple of years, such as escalating housing rates, more stringent standards and procedures on loans, unattractive mortgage packages and foreclosures becoming more rampant, which have triggered fear of embarrassment in the hearts of ordinary Joes. No wonder, landlords are making frequent trips to the bank.

For a newbie mortgage investor, this places him in a dilemma, which investment road to take: finance the purchase of a home or fine-tune his resources to the call of the times, which places financing apartments and condominiums in the league of more viable options? Rather than providing resources for home financing with the prospect of flipping it afterwards, both real estate and mortgage investors, in the past couple of years, have focused more on putting up apartments and condominiums. Not that it was a new trend, but more and more investors who were originally all agog over putting up homes are now taking a second look at this once less-popular route in real estate investment.

At this time, rentals are fetching more money for both real estate and mortgage investors, and the rate this trend is taking, more investors will be joining the bandwagon, soon. However, for a family who wants to establish root in a particular community where children can interact and form solid friendships among neighbors, home ownership is still the best option.

What triggers the latest craze?

In New York City alone, which has become the “melting pot” of the world, where careers and business are pursued by people coming from other states and foreign countries, only 20 % opts for home ownership; 80 % prefers apartment accommodation, for its practical sense. Ranging from the most stylish accommodation to the more “hurried” space typical of the lifestyle of transient businessmen and young professionals who find themselves traveling for most times of the year, rentals have accelerated this year by 8% however, compared to owning a home in New York City, it is still a “dime to a dollar”.

This “dime to a dollar” analogy between owning a home and renting an apartment has ripple effect on developers, as well. When there is decline on the demand to purchase homes, naturally developers will look elsewhere for viable options like putting up apartments and condos, and the imminent lack for housing units will heighten the demand in making a leap from owning a home to renting. Either way, an astute Real Estate Investor smells lucrative investment opportunities, even miles away.

So, Where to Invest: Home or Condo?

A newbie real estate investor should consider factors that can have direct impact on people’s decision, such as employment opportunities in the locality, economic growth, present supply of housing units, including apartment/condo accommodations, and the prevailing prices of homes or rentals in the locality, and make a thorough assessment, before he jumps on a decision.



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Mark Etinger asked:


City is home to one of the biggest, busiest legal communities in the world. Millions of attorneys practice their trade on the island of Manhattan, with thousands more graduating from law school each year and joining their ranks. But behind these busy men and women are the unsung heroes that make the legal professional run: New York court reporters.

What services do New York court reporters provide?

Court reporters working in New York City perform a variety of different functions for their clients, including:

Transcription of live court hearings The backbone of any courtroom legal proceeding is the written record of the event. Court reporters capture every detail of what is said by all parties and produce a flawless typed record of the resulting dialogue.

Transcription of depositions Obtaining a witnesses statement during deposition is a key element of the legal process. The deposition transcript can be used if the individual cannot appear in court, or if their story needs to be corroborated while they are under oath during trial. Court reporters attend depositions and create perfect written transcripts of the event.

Videographer services Court reporters do more than simply take good notes. Many of these trained professionals can be called upon to videotape court proceedings and depositions in order to provide a visual record of the event. Court reporters can also edit the resulting video and insert section breaks and graphics where needed.

What types of events do New York court reporters cover?

There are any number of events that can benefit from having a court reporter present, including: trials, pre-trial motions and hearings, depositions, estate planning meetings (such as will readings and probate-related matters), public speaking engagements, educational events and webcasts.

New York court reporters utilize top technology

More and more, court reporting is moving into the digital age, especially in bigger metropolitan areas such as New York City. Now, court reporters can produce a transcript and email it around the world with the touch of a mouse. Also, depositions and court records can be fully searched in seconds for key words and phrases - making what was once a laborious task for paralegals a breeze.

And that is just the beginning. Court reporters can also provide real-time transcripts beamed across cyberspace using online meeting software and other webcast technology.

These tools have taken the tried-and-true skills of professional court reporters and moved them into the digital age in order to improve communication between parties and make the information available to more people much faster. Court Reporter availability Many court reporters work on their own, as independent contractors. Their availability varies according to their own schedules. New York court reporting services, however, employ a large number of qualified court reporters so that there will be a greater chance someone is available to meet the client’s request, even if it is on short notice. Where can New York court reporters be found? As mentioned above, the majority of court reporting work in New York State goes on within the five boroughs of Manhattan. There are, however, thousands of court reporters available elsewhere in the state - from Long Island all the way north to Buffalo. Court reporting services will be able to locate quality reporters in almost any area of New York.



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Art Gib asked:


If you are looking for a beautiful home that is close to New York City, the New Jersey real estate in Bergen County should probably be on your list of housing options. After all, being located in northeast New Jersey, Bergen County literally overlooks New York City across the Hudson River estuary. It is also home to some of the best shopping, parks, and cultural centers in New Jersey.

The population density in Bergen alone is a pretty good indicator of how popular the area has become. With almost 4,000 people per square mile, Bergen is the most populous county in New Jersey. Fortunately, there are more than a dozen county parks and two large state parks where residents can escape from the crowds and enjoy lakes, trails, mountains and rivers in the area. Blue laws that keep everything but grocery stores closed on Sunday also contribute to less traffic and more peace and quiet at least one day of the week.

Bergen is also one of the wealthiest counties in the nation. With a median household income of $65,241 dollars, Bergen residents often enjoy a high standard of living. Family incomes average even higher at about $76,000. Unfortunately, there is also a price for living in such a beautiful and affluent community. Part of the cost lies in housing prices while another contributing factor is high property and income taxes. After all, as a state, New Jersey has some of the heaviest tax burdens in the country and Bergen County is no exception. The median house price in the area is anywhere from $500,000 to $600,000 as well. Depending on the municipality you are interested in, it wouldn’t be hard to find homes priced in the millions either.

At such a high price, Bergen County may not be within your budget, but if it is, there are definitely plenty of attractions in the area. In addition to the beauty and the economy in Bergen, your children will benefit from some of the best educational facilities in the country. Since Bergen is home to many different ethnicities and religions like Italian, Irish, Korean, Greek, African, Latin and Jewish residents, they will also be exposed to an abundant variety of cultures.

The real estate market is pretty diverse and immense though so you probably will need a Realtor to show you around if you are still interested in moving to the area.



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Alexa Whiteman asked:


To say that the apartment rental market in New York City is tight is an understatement. If you want to find an apartment in Manhattan at a reasonable rental fee, you will need to give yourself plenty of time and use every means at your disposal. Manhattan is the center of commerce for the city and having an apartment in close proximity to where you work is a luxury that only a few can afford

However, Manhattan is only one of the five different sections or “boroughs within New York City. The other four are; Brooklyn, Queens, Staten Island and the Bronx. You can find apartment rentals that are lower than in Manhattan, but be aware that the further away you live from Manhattan does not automatically mean a lower rental fee.

Renting an apartment in New York City is a full time activity for many people, there are factors beside money that has to be put into the equation; there are apartment buildings that do not permit pets or who cater to a particular type of renter, i.e., corporate apartments or professional apartments.

There are ways to find an apartment rental without spending money to a middleman, such as a real estate broker or apartment rental service. You can use a variety of these methods together or on their own, the bottom line is getting the apartment you want, for the rent you want to pay, in the area of New York City where you want to live.

If money is a prime consideration when you are looking for an apartment, then steer clear of brokers, apartment rental services or any other paid service. Instead, you can go online and visit craigslist.org and find multiple listings for all types of apartments, usually the rental fees for these apartments are well below the apartments that are listed in the classified section of newspapers.

The classified sections of the major newspapers in New York City are full of apartment listings, but most of them are advertisements placed by a real estate broker or apartment rental service. Hint: look for the ads that say “for rent by owner” or “no agency calls”, which means you will be dealing directly with the landlord.

There are several apartment rental services that do not charge you a fee; they are paid by the apartment owner. Be careful here, there are too many horror stories from apartment seekers being mistreated by unlicensed individuals posing as business agents for non-existent apartments.

Another good way to find an apartment rental in New York City is to visit the neighborhood where you want to live and tour the area. This is a great activity for a weekend; you can get a sense of the atmosphere and find the neighborhood newspapers which usually have an apartment for rent section.

If you absolutely must use a real estate broker, choose one that has an office in the area where you want to live. A note of caution is required dealing with brokers, New York City has several laws that apply to housing, make sure to be prepared for your appointment at the brokers’ office.



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Andrew Dubinsky asked:


The first step in purchasing a home in New York is engaging a Real Estate Broker. Once the purchaser chooses the ideal home, an offer is made to the seller. The offer is officially made by the purchaser by filling out an agreement called a binder and an advance amount of 1% of the offered consideration is deposited with the seller by the buyer as earnest money.

The binder is the basic agreement for a purchaser of a home and requires that various conditions be included. The s conditions required include, the amount of mortgage loan that the purchaser can raise, structural stability of the property based on a report by a structural engineer, pest control inspection reports, water purity in places where the municipal supply does not reach, drainage inspection reports especially in homes that are not connected to the public sewage systems and inspection of radiation levels if any. Once the binder is signed the purchaser should engage a lawyer, a real estate title company or a title trust company to search and give a certification that the property has a clear title. The New York state Insurance Department regulates the fees charged for a title search. Details of real estate title companies and title trust companies are available with the New York Land Title Association, The New York Society of Mortgage Professionals and the American Land title Association. Mortgage companies and banks lend money on the basis of the property having a clear title.

The seller is liable to disclose to the purchaser, any encumbrance on the title such as prescriptive easements and liens arising out of non payment of maintenance services, taxes, previous mortgages, judgments, municipal rates or divorce. Further, the purchaser is required to obtain a title insurance by paying a one time premium under the New York State Laws . The seller’s lawyer then draws up and sends the contract to the purchaser’s lawyer. The purchaser’s lawyer whets the contract. The purchaser then makes a down payment by check which the seller is expected to deposit in a bank as escrow. At this juncture, the purchaser can sort out mortgage applications, arrange for carrying out the required inspections and renegotiate or withdraw from the contract in case of irreconcilable differences. The purchaser will be well served by a mortgage plan that covers a combination of not only the cost of the transaction but also the incidental fees.

A promissory note is signed with the mortgage company by the purchaser which functions as the mortgage agreement. Mortgage Insurance is often waived by mortgage companies if the applicant has a reliable payment history. Once all formalities are concluded the contract is formally signed and sealed for the purchase of the home. This is the closure of the purchase and it is at this time that Attorney and agents fees are payable. The purchaser is required to show the proof of a home owners insurance at the time of closure and leave with the keys to his new home.



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Armando Riquier asked:


Legal translation is the translation of texts within the field of law. As law is a culture dependent subject field, legal translation is not a simple task. Only professional translators specializing in legal translation should translate legal documents and scholarly writings. The mistranslation of a way in an agreement, for example, could lead to law suits and loss of money.

When translating a copy within the field of law, the translator must maintain the subsequent in mind. The legal method of the source text is prepared in a way that suits that ethnicity and this is replicated in the legal language; in the same way, the target text is to be read by someone who is familiar with another legal system and its language.

A professional in legal translation must be a linguist, a legal intellectual and a bit of a willing detective so that he is able to glean the finer points out of any text. And he should also be capable of researching how to describe legal concepts expressed in the source language of a document that may not even have an equivalent in the language or legal system of the target text.

In the very first stage, the translator must decipher the source text and reconstruct its meaning in the target text. In numerous cases, there is some restriction for the translator to finding a functional comparable for a word or phrase or a parenthetical clarification because an accurate translation is impossible.

Translators of legal texts often seek advice from law dictionaries, especially bilingual law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.

Every legal translator should maintain some rules, when they translate something. Translation must be taken from original copies, and should be translated completely and accurately. It should approximately follow the format and layout of the source text. The translator cannot change any name of people, titles and marks of nobility, not even the spelling of that name. It should be taken from original document.

An expert legal translator should also know that even within the legal field there are entirely separate vicinity of law that entail specific translation techniques: a contractual text has little in common with a determination, an administrative certificate, a judicial decision or a statute, to name a few examples. The translator knows that he or she must consult not only a monolingual legal dictionary, but also a dissertation regarding the subject matter, and that bilingual dictionaries while useful, should be used with vigilance.

Apart from terminological lacunae, or lexical gaps, the translator may focus on the following aspects. Textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture. Linguistic structures that are often found in the source language have no direct equivalent structures in the target language. The translator therefore has to find target language structures with the same functions as those in the source language.

When faced with international arguments connecting different languages and legal structures, legal adviser and their clients would be well recommended to obtain the services of translators able to successfully viaduct the divide of legal systems, as well as language and culture, in order to provide literate rather than literal translations.



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Priya Singh asked:


All binding legal documents relating to an Italian real estate transaction must be written in Italian, independently from the nationality of the parties.

Italian legal writing is highly technical, ritualistic and often archaic due to the close links with Roman law.

Ultimately it can appear to be obscure for people lacking a solid legal background in Italian law.

All this is further complicated by the profound differences between legal systems, more specifically between the English/American system based on Common Law and the Italian one based on Civil Law.

As a matter of fact there are juridical concepts in Roman Law that simply do not exist in Common Law and vice versa there are concepts bearing the same names in the two systems but having different meanings.

As a consequence an accurate understanding of the legal systems and the legal processes involved is essential for translators or interpreters involved in such important transactions.A deep knowledge of the specialist terminology is required as well as knowledge of the legal concepts implied.

This is why a legal document should never be signed without the assistance of a bilingual qualified lawyer who can explain in English the full scope of your commitment.Many real estate agents use printed contracts with an English translation.Such translations are rarely faithful and can often mislead the buyer.

It’s important to underline that in case of litigation the Italian version will always prevail.In the most crucial phase of the transaction, when signing the Deed of Sale in front of the Notary public, the Italian law requires the presence of an interpreter if the buyer is not fluent in Italian.

Our advice is to make sure that such interpreter is duly qualified not only under a strictly linguistic point of view, but also in terms of legal background.

Another crucial aspect to bear in mind is the independence of the interpreter.

This would exclude a bilingual real estate agent, an English speaking relative or friend of the seller or an Italian English teacher.

Explaining to you the Deed or Sale that you are about to sign is a very delicate task and you want to make sure you are entrusting the right professional.

Please remember that the Italian version of the Deed will prevail so it’s essential an expert and independent explanation of the legal implications that are involved.Your independent legal adviser has the right qualifications to assist you throughout the real estate transaction and will always make sure you have a full understanding of the documents you are requested to sign and the legal consequences implied.

 



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