Legal Question in Civil Litigation in New York

Re: highschool students questions

1. Can you take a judge to court or a high offical like the president?

A: Generally, high officials such as judges have absolute or qualified (limited) immunity in connection with performance of their duties. This means you cannot sue the judge if you don't like the ruling that he makes in your case. The immunity is provided for public policy reasons--judges must be free to make rulings without fear that the "losers" will file a lawsuit against them, personally.

Gov't officials, even the President, can be sued for improper conduct in their personal lives. This was the issue that came up with Bill Clinton and Paula Jones. Even though he was Governor of Arkansas when the alleged conduct with Ms. Jones occurred, he was not performing an official government duty when he "put the moves" on her. Therefore, he could be sued for that conduct, even though it occurred when he was governor, and actual lawsuit was filed when he was President.

2.How come you can smoke cigarettes at at the age of 18 but YOu cant consume alcohol until 21?

A: The age of legal drinking and smoking can vary, state-by-state. There's no real "reason" for the differences other than politics and perceptions about when someone is old enough to make these types of decisions. An 18 year old can join the military and learn how to drive a tank; it seems to me it should be O.K. to chill with a beer afterwords, but not in some states (never drive your tank while drinking!) During Prohibition, the Constitution was amended and NO ONE could legally drink. However, people soon realized that it is a basic right of all Americans to drink alcoholic beverages, so the Constitution was re-amended to remove Prohibition. This varies state-by-state.

3.If you commit a misdemeanor as a minor, will it stay onyour record after you turn 18?

A: Possibly, depending on the circumstances. But you should be able to get minor offenses expunged. You would really need to talk to a lawyer as each individual circumstance is different.

4. If a under age child gets caught drinking or gets caught drinking or gets caught having drinks what the punishment?

A: Most likely will be fined and/or adjudicated as a juvenile delinquent. Again, depends on the circumstances. You need to consult an attorney as to each particular occurrence.

5.Why is there stautory rape even when both people agree?

A: People below a certain cut-off age, are deemed legally incapable, i.e. "by statute," to give their consent to sexual relations. Hence, it's called "statutory rape."

Now, I have a question for you: are you planning some kind of party or something?

Just kidding. Keep it safe.