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COurt Terminology > Court Assistant test > Flashcards

Court Assistant test Flashcards

1
Q

ACD

A

adjournment in contemplation of dismissal: to adjourn a case for 6 months with the ultimate aim of dismissing it without a conviction

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2
Q

acknowledgment

A

a written declaration made before an authorized officer that the person executed the instrument freely

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3
Q

adjournment

A

to postpone a case to a future date, a continuance

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4
Q

adjudicate

A

to go through the formal process of deciding an issue in court

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4
Q

administrator

A

a person, usually appointed by a surrogate court judge, to administer the affairs of a deceased person when the person died without a will

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5
Q

affidavit

A

is a signed written statement that is sworn to be true to the best knowledge of the person signing it

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6
Q

allegation

A

statement that is yet to be proven

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7
Q

allocution

A

a Judge’s address on the record to determine whether parties understand the proposed settlement (stipulation)

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7
Q

annul

A

to make void or to cancel

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8
Q

appeal

A

an appellant asks a higher court to review the transcript of the proceeding with the aim of modifying or overturning the order of judgment

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9
Q

appearance

A

the official noting (oral or written) that a person is coming into court as a party in the action or as the attorney for a party

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10
Q

appellant

A

the person who appeals the order of judgment

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11
Q

appellee

A

th respondent in the appeal (the one who did not file the notice of appeal)

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12
Q

application

A

a request to a judge (the court)

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13
Q

arbitrator

A

a person (usually an attorney) appointed by the court to either look into an issue or decide an issue

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14
Q

arraignment

A

the criminal court process of informing the defendant of the charges, asking how he pleads, and deciding the amount of bail, If any, that will be required

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15
Q

attach

A

is the formal prrocess of using a court order to seize personal or real property

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16
Q

bail

A

the amount of bail (deposit of money or property) is set by the criminal judge at the arraignment to release the prisoner and guarantee his return on the next court date

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17
Q

beyond a reasonable doubt

A

the measure of proof needed to prove a criminal case (proof that is greater than the reasonable doubt that a juror might have)

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18
Q

brief

A

written statement submitted by a lawyer to the Judge containing legal arguments supporting his conclusions

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19
Q

calendar

A

list of cases scheduled to be heard by the court

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20
Q

case of action

A

the specific reason for which an action is started (example: damages to auto)

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21
Q

certification

A

to certify (state on a paper with the court seal) that the attached copy of a document has been compared to the original and is a true copy

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22
Q

chattel

A

personal property like a car, as opposed to real property (land or buildings)

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23
Q

codicil

A

a document attached to a will and forming a part of the will

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24
Q

common law

A

English law developed from customs

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25
Q

complaint

A

(in Civil actions - the written reasons for which damages are sought) (In Criminal prosecutions- allegations made to a police or peace officer charging breaches of criminal law)

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26
Q

concurrent sentence

A

a sentence for an offense that may be served concurrently (at the same time) as a sentence for a different offense

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27
Q

consanguinity

A

a person may be related to another by consanguinity (blood) or by affinity (friendship)

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28
Q

consecutive sentence

A

a sentence for an offense that must be served successively (not at the same time) as a sentence for a different offense

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29
Q

conviction

A

a person is convicted if he is found guilty of an offense

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30
Q

count

A

an individual charge in an indictment

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31
Q

counterclaim

A

defendant’s claim against the plaintiff

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32
Q

crime

A

misdemeanor or a felony

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33
Q

deadly weapon

A

any instrument (including a gun) that may cause serious physical injury or death

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34
Q

default

A

failure of a party to appear (default in judgment)

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35
Q

de novo

A

to have a new trial “from the beginning”

36
Q

DCJS

A

Division of Criminal Justice Services (fingerprint checks)

37
Q

decision

A

the judge’s ruling at the end of a case

38
Q

defendant

A

the person being sued in a civil case or the person charged with committing an offense in a criminal case

39
Q

deposition

A

answers to oral questions done under oath

40
Q

dismissal

A

a judicial order disposing of a motion or without trial

41
Q

executor

A

party appointed in a will to handle the affairs of a deceased according to the terms listed in the will

42
Q

ex parte

A

proceeding done with only one party (ex parte request)

43
Q

felony

A

an offense for which a term of imprisonment over one year may be imposed

44
Q

garnish

A

to seize (attach) wage or other property based on an unpaid judgment

45
Q

general verdict

A

is one in which the judge or jury finds in favor of the plaintiff or defendant

46
Q

grand jury

A

composed of 23 citizens who decide whether to indict (charge) a person with a felony and go to trial

47
Q

guardian ad litem

A

a person (usually an attorney) appointed by the judge to represent the interests of a minor or incompetent during the course of a civil proceeding

48
Q

habeas corpus

A

an instrument ordering that a person unlawfully imprisoned be brought to court for a hearing

49
Q

indictment

A

the formal accusation by a grand jury that charges a person with committing a crime (misdemeanor or felony). Also known as a “true bill”

50
Q

infant’s compromise

A

civil proceeding for court approval of settlement in a case involving an infant

51
Q

information

A

a type of criminal complaint

52
Q

injunction

A

an order by the court ordering someone to do an act or refrain from doing an act

53
Q

inquest

A

trial with only one party appearing

54
Q

jurisdiction

A

authority of a court to try certain types of cases (jurisdiction over matrimonial cases) or the authority of a court to try cases within a prescribed geographical area

55
Q

jury

A

a group of citizens selected to decide a civil or criminal case

56
Q

lien

A

a legal right on personal or real property because of an unpaid debt or other reason

57
Q

lis pendens

A

a pending lawsuit (Ex: notice of lis pendens- notice that a lawsuit is pending having to do with the right to real property)

58
Q

in camera

A

not in the courtroom, but in the judge’s chamber

59
Q

“In the matter of”

A

the beginning part of a family court caption

60
Q

minor

A

one who isn’t 18

61
Q

misdemeanor

A

offense punishable by jail for up to one year

62
Q

motion

A

an oral or written request for a court order

63
Q

nunc pro tunc

A

“now for then”: because he didn’t file his answer in time, he filed a motion to the court to file an answer nunc pro tunc

64
Q

oath

A

a statement that a person swears as to the truth of a statement

65
Q

order to show cause

A

a request to a judge for a court order

66
Q

panel

A

a number of juror candidates selected to be questioned for possible inclusion in a trial jury

67
Q

parole

A

the part of a sentence which consists of releasing a person from detention based on certain conditions to be followed

68
Q

petty offense

A

offense for which a fine or term of imprisonment of 15 days or less may be imposed

69
Q

plaintiff

A

party who starts a civil action

70
Q

polling the jury

A

the process of asking each member of the jury if they actually voted as recorded

71
Q

The people of the State of New York

A

first part of the caption in a criminal case

72
Q

power of attorney

A

a document that authorizes a person to act as an agent for another person either in a limited area or in all areas

73
Q

probate

A

surrogate court procedure which is used to prove that a will is valid

74
Q

replevin

A

in civil law, an action seeking the recovery of property

75
Q

special verdict

A

the jury gives its findings based on the fact but don’t necessarily find a ruling

76
Q

stay

A

to stop

77
Q

subpoena

A

a document served on a person to testify in court

78
Q

subpoena duces tecum

A

a document served on a person to bring to court certain documents and testify if need be

79
Q

summons

A

a court order asking that a person come to court

80
Q

statute of limitations

A

prescribed maximum periods during which an action is permitted to be commenced

81
Q

surety

A

a person or company that guarantees to pay money or do an act if the party responsible fails to do an act or pay the money

82
Q

tort

A

a civil wrong for which a claim may be made in a civil action

83
Q

third party defendant

A

a party who is brought into the action by a defendant who asserts that the third party is responsible for paying the damage, not the defendant

84
Q

transcript

A

the official record of a proceeding

85
Q

undertaking

A

deposit money or bond in court

86
Q

venue

A

the authorized place of a trial

87
Q

verdict

A

the decision of a judge or finding of a jury after trial

88
Q

voir dire

A

the examination of possible jurors during the jury selection process

89
Q

warrant

A

written court authorization for a peace or police officer to arrest a person or preform some act

COurt Terminology (1 decks)

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