Breidbart V Olshan, Decision And Order, Index No Essay

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

| The partners are jointly and severally liable for business debts and obligations. The partners are held personally responsible for the business and may be sued personally for liability. Partners’ personal assets are subject to lawsuit(s) made against the business. Lack of continuity; death of a partner may end the partnership/business if a buy/sell agreement is not in place. Disagreements may be difficult to resolve.

The business entities of corporations and partnerships share many similarities, however key difference exist, primarily in terms of formation, taxes and liability. This section will largely address the issue of liability, in terms of the effects of damages, disclosure requirements and personal liability for both corporations and partnerships. Additionally Amazon will be examined as a partnership rather than a corporation to further illustrate these differences.

Forming a business entity requires a great deal of knowledge before any decision is made. There are advantages and disadvantages to each entity and without proper understanding of what they are, individuals could make costly errors and forfeit crucial perks that would be in the businesses best interest. In the situation in New State, Alex, Bill, Carl, and Devon have inherited their father’s operating organic farm and seek advice, in regards to which form of business organization would best fit their particular criteria. They have emphasized their immediate concerns, wants and needs from a business standpoint, but also stress their strong faith to uphold and operate in accordance with the Christian worldview. Their criteria is as follows, (1) create an entity which averts formalities or complexities, (2) develop a structure allowing cousin Xavier to handle the day-to-day, (3) minimize taxes on the entity, (4) avoid any personal liability, (4) keep business in the family only, (5) remain in accordance with the Christian worldview, (which will be the final topic in this discussion). After reviewing all criteria, it will be advised that forming a limited liability company (LLC) and electing for an S corporation status would be of best interest for the family. Discussed below, is the strengths and weaknesses of each form of business organization as it applies to their unique situation, to help better understand why an LLC/S corporation, is the best form of

It seems understandable that a business should exist as a separate legal personality as it would be impossible for an individual’s motives and goals to be perfectly in line with that of the company as is demonstrated above in Salomon. Following this theory the idea that the rights and duties of a company are not that of its members and shareholders as demonstrated in the case of Lee v Lee Air Farming .

Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then

Can Joyce Byers successfully sue her attorney, Martin Brenner, for legal malpractice due to his failure to obtain child support during her divorce proceeding?

The first court that heard the case was the United States District Court for the Western District of New York. The second court that heard the case was the Court of Appeals for the Second Circuit (Town of

The case of GRUENDL v. OEWEL PARTNERSHIP INC. the overall partnership of OPL is OPI and not a plaintiff exclusively, a circumstance of which the defendant was mindful. The plaintiff may possibly be judged to have contributed in governing of OPL simply because he implemented his responsibilities as president of OPI or because he may have represented as a indemnity for, or loaned funds to, OPL. (Corp.Code, § 15632, subds.(a), (b)(1) & (3).) Furthermore, nothing in the records suggests that the plaintiff, in his capability as a limited partnership, should be held accountable for OPL's partnership liabilities.

The decisions of state courts across the nation vary regarding the independent nature of the state judicial branch, and the different tiers of courts, trial, and the appellate. The selection of judges, the removal of judges and the issue covering caseload among other reforms are comparable across all states courts. In NY, the structure of the court system is similar to trials court and appeals courts (Pecorella and Stonecash 178). Bowman suggests more efficiently manage the caseload and political influence in the judiciary (Bowman 193-4). According to Bowman, state trial courts amounts to more than 100 million new cases each year (Bowman 225). The case load in NY’s eleven trial courts is one of the busiest in the nation's court system (Pecorella and Stonecash 171).

During the eighteen hundreds how did the simple transportation device of steamboats affect the political makeup in the United States government? Throughout the nineteenth and early twentieth centuries the use of steamboats grew heavily throughout the nation of the United States, as well as world wide. During this time the United States was in desperate need of a new sufficient source of transportation, the steamboat allowed a large expansion of the growing nation, through its many natural waterways, as well as man made canals that were soon constructed. Serving as a great tool for businesses and the development of the United States economically and socially, these vessels also contributed to the evolution of the government and its

Issue: By individually suing fewer than all of its members can a partnership be sued?

The court system has three main levels: district court, circuit court and the Supreme Court. All three levels make up 108 courts total i.e. 94 district courts, 13 circuit courts and 1

Although doctrine of separate legal entity has the greatest importance in company law, it contains weaknesses that could be arguable. Professor Kahn-Freund described the doctrine as “calamitous” because it arise many issues, such as “How is it possible to check the one-man company and other abuse of company law?” Separate legal entity is inadequate for complex problems .

The concept of a company being a separate legal entity is the most striking illustration in separating the company from its owners. A paramount principle of corporate law is that no shareholder or member of a company is made liable for the obligations incurred by such incorporations A company is different from its members in the eyes of law. In continuations to this the opposite also holds true in the sense that neither can the company be held liable for the acts of its members. It is a fundamental distinction that a company is distinct from its members.