By definition, probate is the the official proving of a will as authentic or valid in a probate court. Probate is the term used to describe the legal process of handling the estate and property of an individual that is deceased. It deals with the estate, especially the distribution of the deceased person's estate under a accurate and valid will.
Probate court is the court that basically specializes in the proper settlement of the decedent's (deceased person's) estate and property issues. The main purposes of the probate court is to determine the validity of an individual's will and to ensure that the details and instructions of the will are correctly enforced.
The Probate (or Surrogate) Court of New York handles all the estate and property proceedings within the State of New York. A probate/surrogate judge is elected countywide for a term of 10 years. The 62 counties of New York have one surrogate judge except New York County and Kings County, which have two judges each.
Tuesday, November 11, 2008
This is my photo of Greg and I used some of the photography tips from class. Pretty good, huh?
The Rockefeller drug laws are a series of laws that dictate the rules and regulations for narcotics in New York State. The laws are named after Nelson Rockefeller, New York's governor at the time. They basically determine the level of criminal offense and how much punishment is inflicted for the sale and possession of drugs like marijuana, cocaine, heroin, morphine, and opium. (Photo: www.gothamgazette.com/.../Needle-and-candle.jpg)
According to the Rockefeller drug laws, the sale of two ounces of an illegal substance or the possession of four ounces of an illegal substance means a punishment of at least 15 years. The maximum punishment for sale or possession is life in prison.
The Rockefeller drug laws are controversial in nature because they state that drug offenders will receive the same amount of jail time as the crime of second-degree murder. The penalty of 15 years to life or 25 years to life spent in prison is a harsh one. Those convicted of the sale or possession of narcotics should not be penalized on the same level as a known killer. Narcotics-related crimes are serious and should be considered as offenses but the current laws in place are tough. There are those, however, that feel that drug charges are very serious and offenders should receive the harshest penalty available.
The process for a law to be made is very unique and complex. There are a number of steps and procedures that must be followed in order for a bill to become a law.
The first important step for a law to be made is its introduction. The legislation can be introduced by any member. Within the House, legislation is given to the clerk of the House. Within the Senate, a member can announce the introduction of the legislation during the morning hour, if given permission by the presiding officer. The bill is assigned a number and is labeled with the introducing member’s name. The next important step is the actions of the committee. The Speaker of the House or the presiding officer in the Senate refers a bill to the appropriate committee. The committee then reads, examines, and analyses the bill. If changes or amendments are made to the bill, it is then revised with the necessary corrections. It must be approved before it can be voted upon. After the bill is approved, voted on and passed, the committee writes a report explaining why they are in favor of the bill and why certain changes were made.
The next important step is action of the floor. The legislation is then placed on the Calendar. All bills are placed on the calendar in the order they are reported. However, these bills may not come to the floor in this order. When the bill does reach the floor, it is debated. Within the House, the debate is structured by the rules set by the Rules Committee. After the committee debates and amends the bill, it is sent back to the House where there must be enough members present to make a final vote. If there are not enough members, then the House is adjourned. Within the Senate, the debate is basically unlimited unless cloture is invoked. Members may use a technique called the filibuster to defeat a bill. The bill is then voted on. If both chambers decide not to pass the bill, then it dies. If both chambers pass different bills, then the bills are sent to the Conference Committee. If the House and the Senate both pass the same bill however, it is sent to the President.
The Conference Committee is made up of senior members from each house. The committee meets to make the necessary changes and smooth out any differences, while trying to maintain the key components. If a compromise is reached within the Conference Committee, a written conference report is created and sent to each house. The conference report must then be approved by both the House and the Senate. The bill is sent to the President for review and analysis. A bill becomes a law if it is not signed within 10 days and Congress is in session. If Congress adjourns before the 10 day period and the President doesn’t sign the bill, then it does not become a law. This is known as a pocket veto. If the President vetoes a bill, it is sent back to Congress with an explanation. The chambers can override a veto if there is a two thirds vote of the members present. If the veto is overridden in both chambers, then it becomes law. Once a bill is either signed by the President or the veto of the president is overridden by the House and the Senate, the bill becomes a law and is then assigned an official number.
Compound interest is a term used mostly in the fields of finance and economics. The basic concept behind compound interest is that interest is added back to the principal. The interest rate is a specific percentage that remains fixed or permanent. There is also a specific time period for the rate to be in effect. For example, there can be a monthly interest rate as well as a yearly interest rate. The specific amount and time of the interest rate is outlined clearly. The principal within compound interest is the original amount of the loan, without the addition of interest. Interest is then added and accumulated to the principal over time. The process of adding interest to the principal is called compounding.
To examine how compound interest works, assume that you have $1,000 and you decide to put the money in the bank. There will be a 4% interest rate, which will be compounded annually. To figure out how much you will have at the end of the first year, you must multiply the principal ($1,000) and the interest (4%). Multiplying that will give you $40. The $40 represents how much money is earned from interest at the end of one year. Your total would then be $1,000 + $40 or $1,040.
At the end of the first year, you will have $1,040 in the bank. If you now multiply $1,040 and the 4% interest, you will get the amount to be added for the second year. The amount earned from interest is $41.6 which brings your total for the end of the second year to $1081.60. To find the total for the end of the third year, you simply repeat the process. By multiplying the principal $1081.60 and 4% for the interest rate, you get $43.26, the amount earned from interest. After adding $1081.60 and $43.26, you will get the amount $1,124.86. At the end of the third year, you will have a total of $1,124.86 in the bank. This is a $124.86 increase within three years.
A weblog is a unique Web site that is primarily made up of individual submissions called entries or posts. Besides posts, weblogs can sometimes contain images, links, and other forms of media. Although the common term for this web site is a blog, it can also be referred to as a web log or a Web log. The subject matter of the entries can vary, depending on the type of blog. Some weblogs tackle a number of different issues and ideas and are composed of varying entries. There are other weblogs that focus on one particular subject and posts reflect the one topic. The interesting thing about weblogs is that they are owned and operated by the people. The weblog contains entries that are basically personal and informal in nature.Weblogs contain real ideas and opinions from people all over the country, and even all over the world. The creation and growing popularity of blogs seems to fuel this new wave of modern journalists. As a result, people are given the freedom to express themselves. People are also given the freedom to communicate and interact with people who have similar or different perspectives.
Alicia Shepard, the in-class guest speaker, spoke about interviewing and gave a number of great tips and concepts. In my opinion, the most important idea that she touched on was the idea that the interview can and should be controlled. It can be controlled using a number of techniques like good listening, verbal and nonverbal communication, and asking the right questions like 'What do you mean?'. With these tools, journalists can get all the desired information and even more.
One of the most important and most powerful quotes of John McCain's acceptance speech was the quote regarding his status as a prisoner of war and his love for his country. McCain states "I fell in love with my country when I was a prisoner in someone else's." He goes on to say "I was never the same again. I wasn't my own man anymore. I was my country's."
In my opinion, the most important idea that I gathered from Kelly Cramer and her article, "Daddy's Girl," was the idea that litigation is "the new sport of kings." The article she wrote exposed the incestuous relationship between David Bruce McMahan and his daughter, Linda. I found it interesting that the article also exposed the distortion and abuse of the judicial system that resulted from the relationship. Litigation has become an influncial tool of the wealthy. Cramer implied that they use this tool willingly, increasing their status as well as their money.
The First Amendment is not only a fundamental part of the U.S. Constitution, but it is also an essential part of American society. It is comprised of basic freedoms given to the American citizen. These freedoms vary and cover a broad range of important yet controversial topics. The First Amendment contains a freedom that involves religion. It protects the free exercise of religion as well as the prohibition of a national religion established by the government. The First Amendment protects the freedom of speech. It also protects the freedom of the press. It gives the right to peacefully assemble and the right to petition the government. The First Amendment guarantees these civil liberties, which allow the American people to live and function in a free, open society. Citizens are given these civil liberties and utilize them in order to have a voice within or raise opposition to society and the government.
