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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
codicil
a document attached to a will and forming a part of the will
24
common law
English law developed from customs
25
complaint
(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)
26
concurrent sentence
a sentence for an offense that may be served concurrently (at the same time) as a sentence for a different offense
27
consanguinity
a person may be related to another by consanguinity (blood) or by affinity (friendship)
28
consecutive sentence
a sentence for an offense that must be served successively (not at the same time) as a sentence for a different offense
29
conviction
a person is convicted if he is found guilty of an offense
30
count
an individual charge in an indictment
31
counterclaim
defendant's claim against the plaintiff
32
crime
misdemeanor or a felony
33
deadly weapon
any instrument (including a gun) that may cause serious physical injury or death
34
default
failure of a party to appear (default in judgment)
35
de novo
to have a new trial "from the beginning"
36
DCJS
Division of Criminal Justice Services (fingerprint checks)
37
decision
the judge's ruling at the end of a case
38
defendant
the person being sued in a civil case or the person charged with committing an offense in a criminal case
39
deposition
answers to oral questions done under oath
40
dismissal
a judicial order disposing of a motion or without trial
41
executor
party appointed in a will to handle the affairs of a deceased according to the terms listed in the will
42
ex parte
proceeding done with only one party (ex parte request)
43
felony
an offense for which a term of imprisonment over one year may be imposed
44
garnish
to seize (attach) wage or other property based on an unpaid judgment
45
general verdict
is one in which the judge or jury finds in favor of the plaintiff or defendant
46
grand jury
composed of 23 citizens who decide whether to indict (charge) a person with a felony and go to trial
47
guardian ad litem
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
habeas corpus
an instrument ordering that a person unlawfully imprisoned be brought to court for a hearing
49
indictment
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
infant's compromise
civil proceeding for court approval of settlement in a case involving an infant
51
information
a type of criminal complaint
52
injunction
an order by the court ordering someone to do an act or refrain from doing an act
53
inquest
trial with only one party appearing
54
jurisdiction
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
jury
a group of citizens selected to decide a civil or criminal case
56
lien
a legal right on personal or real property because of an unpaid debt or other reason
57
lis pendens
a pending lawsuit (Ex: notice of lis pendens- notice that a lawsuit is pending having to do with the right to real property)
58
in camera
not in the courtroom, but in the judge's chamber
59
"In the matter of"
the beginning part of a family court caption
60
minor
one who isn't 18
61
misdemeanor
offense punishable by jail for up to one year
62
motion
an oral or written request for a court order
63
nunc pro tunc
"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
oath
a statement that a person swears as to the truth of a statement
65
order to show cause
a request to a judge for a court order
66
panel
a number of juror candidates selected to be questioned for possible inclusion in a trial jury
67
parole
the part of a sentence which consists of releasing a person from detention based on certain conditions to be followed
68
petty offense
offense for which a fine or term of imprisonment of 15 days or less may be imposed
69
plaintiff
party who starts a civil action
70
polling the jury
the process of asking each member of the jury if they actually voted as recorded
71
The people of the State of New York
first part of the caption in a criminal case
72
power of attorney
a document that authorizes a person to act as an agent for another person either in a limited area or in all areas
73
probate
surrogate court procedure which is used to prove that a will is valid
74
replevin
in civil law, an action seeking the recovery of property
75
special verdict
the jury gives its findings based on the fact but don't necessarily find a ruling
76
stay
to stop
77
subpoena
a document served on a person to testify in court
78
subpoena duces tecum
a document served on a person to bring to court certain documents and testify if need be
79
summons
a court order asking that a person come to court
80
statute of limitations
prescribed maximum periods during which an action is permitted to be commenced
81
surety
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
tort
a civil wrong for which a claim may be made in a civil action
83
third party defendant
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
transcript
the official record of a proceeding
85
undertaking
deposit money or bond in court
86
venue
the authorized place of a trial
87
verdict
the decision of a judge or finding of a jury after trial
88
voir dire
the examination of possible jurors during the jury selection process
89
warrant
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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