Term
| Under the EPTL, what is the result when a testator writes below his signature? |
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Definition
| No affect will be given to the writing below the signature of a validly executable will. It will not affect the will's ability to be probated because the language above the signature is valid. |
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Term
| Under the EPTL. if a creator of a trust creates the trust for his own benefit, can it be used to protect assets against his creditors? |
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Definition
| No. Under the EPTL. A disposition in trust for the use of the creator is void as against existing or subsequent creditors of the creator. |
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Term
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Definition
| Menancing is intentionally placing or attempting to place another in the fear of imminent serious physical injury. |
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Term
| Does criminal assault require a physical injury? |
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Definition
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Term
| There are four agravating circumstances that make burglary: burglary in the first degree. Is being arned with a deadly weapon one of the aggravating circumstances? |
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Definition
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Term
| The Fifth Amendment of the United States Constitution guarantees the use of a grand jury in accusing a D of capital or infamous crimes. Article 1, Section 6 of the NY Constitution provides a similar guarantee, but how is it different? |
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Definition
In NY, a D may waive his right to an indictment by agrand jury with the prosecutor's approval if the crime charged is not punishable by death or life imprisonment.
There is no prohibition under the US Constitution for waiver of jury indictment by the D. |
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Term
| When may an interested board member contract with the corporation? In other word when will the transaction not be voidable? |
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Definition
| 1. When the board approves the transaction by a sufficent vote without counting the votes of the interested director(s). 2. The board approves the transaction with a unanimous vote of disinterested board members when the interested board members are required to meet quorum and to have a valid action by the board. 3. There must be a SH vote in favor of the transaction provided that they are aware of the interested party's interest. If not approved, the transaction may still be valid if the party can show tha tthe transaction was fair and reasonable to the corporation at the time it was approved. |
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