Who has the burden of proof in an administrative proceeding?
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Except as otherwise provided by statute, the burden of proof is on the
party who initiates an administrative proceeding.
When is an administrative action "arbitrary and capricious"?
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An action is arbitrary and capricious if it is "taken without sound basis in
reason or regard to the facts."
,Do parties have a right to cross-examination in administrative hearings?
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Yes. Parties have a right to cross-examination.
What are the major exceptions to being required to exhaust administrative remedies?
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The major exceptions are:
(1) agency actions that are challenged as UNCONSTITUTIONAL; or are
WHOLLY BEYOND THE AGENCY'S GRANT OF POWER; or,
(2) when resort to an administrative remedy would be FUTILE or its pursuit
would cause IRREPARABLE INJURY.
Watergate II Apartments v. Buffalo Sewer Auth., 4 NY2d 52, 57-58 (1978)
What may be included in a business corporation's by-laws?
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, By-laws may contain any provision relating to
(1) the business of the corporation
(2) the conduct of its affairs
(3) its rights and powers and those of its shareholders
Does the Family Court or the Supreme Court have post-divorce jurisdiction to enforce
or modify an underlying support order issued by the Supreme Court?
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Both Supreme Court and Family Court have concurrent post-divorce
jurisdiction and may enforce or modify an underlying support order issued
by Supreme Court.
Describe the New York Court of Appeals.
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The New York Court of Appeals is the highest court in the New York court
system.
May administrative agencies conduct administrative investigations?
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, Administrative agencies may exercise those powers expressly authorized
by their enabling statutes, including the power to conduct administrative
investigations.
Matter of Shankman v. Axelrod, 73 Ny2d 203, 206 (1989)
How is a business corporation formed?
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(1) file a certification of incorporation with the Secretary of State containing
certain detailed information
- corp name
- corp purpose
- corp office location county
- corp info on shares authorized to issue
- duration of corp if other than perpetual
- designation of SoS as agent for service of process
- if desired, designation of a registered agent
BCL 402
What are the major players for management and control of a business corporation?
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Give this one a try later!
Except as otherwise provided by statute, the burden of proof is on the
party who initiates an administrative proceeding.
When is an administrative action "arbitrary and capricious"?
Give this one a try later!
An action is arbitrary and capricious if it is "taken without sound basis in
reason or regard to the facts."
,Do parties have a right to cross-examination in administrative hearings?
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Yes. Parties have a right to cross-examination.
What are the major exceptions to being required to exhaust administrative remedies?
Give this one a try later!
The major exceptions are:
(1) agency actions that are challenged as UNCONSTITUTIONAL; or are
WHOLLY BEYOND THE AGENCY'S GRANT OF POWER; or,
(2) when resort to an administrative remedy would be FUTILE or its pursuit
would cause IRREPARABLE INJURY.
Watergate II Apartments v. Buffalo Sewer Auth., 4 NY2d 52, 57-58 (1978)
What may be included in a business corporation's by-laws?
Give this one a try later!
, By-laws may contain any provision relating to
(1) the business of the corporation
(2) the conduct of its affairs
(3) its rights and powers and those of its shareholders
Does the Family Court or the Supreme Court have post-divorce jurisdiction to enforce
or modify an underlying support order issued by the Supreme Court?
Give this one a try later!
Both Supreme Court and Family Court have concurrent post-divorce
jurisdiction and may enforce or modify an underlying support order issued
by Supreme Court.
Describe the New York Court of Appeals.
Give this one a try later!
The New York Court of Appeals is the highest court in the New York court
system.
May administrative agencies conduct administrative investigations?
Give this one a try later!
, Administrative agencies may exercise those powers expressly authorized
by their enabling statutes, including the power to conduct administrative
investigations.
Matter of Shankman v. Axelrod, 73 Ny2d 203, 206 (1989)
How is a business corporation formed?
Give this one a try later!
(1) file a certification of incorporation with the Secretary of State containing
certain detailed information
- corp name
- corp purpose
- corp office location county
- corp info on shares authorized to issue
- duration of corp if other than perpetual
- designation of SoS as agent for service of process
- if desired, designation of a registered agent
BCL 402
What are the major players for management and control of a business corporation?
Give this one a try later!
