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Legal Jargon 2023 > Legal Glossary NY CourtHelp > Flashcards

Legal Glossary NY CourtHelp Flashcards

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1
Q

18B Attorney

A

An attorney given to a person by the court (County Law Sec. 18b.) See Assigned Counsel

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2
Q

Abandonment (Family Court)

A

When a parent leaves a child with little or no care or contact for a long time.

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3
Q

Abandonment (Divorce Cases)

A

A reason to give a divorce. When a husband or wife has left the other for no good reason for one year or more, and the other person did not agree.

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4
Q

Abandonment (Housing Cases)

A

When a person does something that shows he or she is not interested in the home and will not return.

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5
Q

Abrogate

A

To drop an old law using another law or constitutional power.

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6
Q

Absent Without Leave from Foster Care (AWOL)

A
  1. A youth is AWOL when they leave foster care home without permission. Can be dropped from foster care and lost some benefits if away for more than 90 days.
  2. In the military: When a soldier leaves his or her post without permission.
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7
Q

Abstract of Judgment

A

A short version of the court’s final decision. A lot of words left out.

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8
Q

Abstract

A

A short version (summary) of a legal document. A lot of words left out.

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9
Q

Accessory

A

A person who gives help to a person who commits a crime without directly committing it him/herself.

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10
Q

Accomplice

A

A person who commits a crime with another person (accessory).

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11
Q

Accounting (estate, company, corporation)

A

A report listing all of the debt and assets of a person or thing.

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12
Q

Accounting (support papers, like a will, receipts, bills, and taxes)

A

Surrogate’s Court: A report of the money spent, given out, and earned including any fees and unpaid bills.

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13
Q

Accounting (estate, administration, trust, or guardianship)

A

Surrogate’s Court: The name of the paper filed to show what money was spent or given out or earned in an estate, administration, trust, or guardianship. Must be filed by a fiduciary.

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14
Q

Accrual

A

The total amount of money that is owed or that is late.

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15
Q

Accusatory Instrument

A

A paper filed with the court charging a person with one or more offenses.

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16
Q

Accused

A

The person that is charged with a crime and has to go to criminal court. (defendant)

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17
Q

Acknowledgment

A
  1. A person says that something is true.
  2. A written statement signed in front of an official, like a notary public, who says the person signing who he or she claims to be.
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18
Q

Acknowledgment of Paternity

A

A voluntary written statement made by the mother and the biological father where they say that the man is the father of the child. A properly executed statement has the same effect as a court order.

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19
Q

Acquit

A

A decision by a Judge or jury that the person on trial is not guilty.

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20
Q

ACS

A

Administration for Children’s Services

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21
Q

Action

A

In court, when one person sues someone else to:

  1. Protect or enforce a right, or 2. Stop something bad from happening or fix something, or 3. Punish him or her for a crime
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22
Q

Active Status

A

A case that is in court but is waiting for a decision has active status.

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23
Q

Ad Damnun

A

Latin: “To the damage.” The amount of money claimed in a case.

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24
Q

Ad Litem

A

Latin: “For this lawsuit.” In this case only.

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25
Q

Addendum

A

Another paper or words added to an original paper or set of papers.

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26
Q

Adolescent Offender

A

A 16 year old who is charged with a felony committed after September 30, 2018, or a 17 year old who is charged with a felony committed after September 30, 2019.

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27
Q

Adjournment

A

To put off a court date until another time or place.

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28
Q

Adjournment in Contemplation of Dismissal (ACD)

A

A decision to put off a trial for a certain amount of time, usually six months. If the conditions of the ACD are met then the case is dropped.

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29
Q

Adjudicate

A

When a Judge hears and decides a case.

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30
Q

Adjudication

A
  1. The judge’s decision in a case.
  2. The process of deciding a case.
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31
Q

Administration (officials)

A

Management (officials) at the highest level of government or business.

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32
Q

Administration (intestate)

A

Surrogate’s Court: The proceeding that handles the estate of a person that died with no will (intestate).

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33
Q

Administrative Procedure

A

The way a government agency makes and enforces its rules and orders without going to court to do it. Article 78 proceeding.

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34
Q

Administrator

A
  1. A person appointed by the court to manage and settle the estate of a person who died without a will.
  2. Where there is a will but no executor (a person in charge of the estate) is named, or the executor can’t act, an administrator can be appointed to replace the executor (cun testamento anexo) or to complete (finish) what the will demands. (de bonis non).
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35
Q

Admissible Evidence

A

Statements, papers and other things that can legally be used in court to prove a fact.

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36
Q

Admission

A

A statement by one side in a case that helps the other side. Compare with confession.

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37
Q

Admonish

A
  1. To warn or scold.
  2. To advise.
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38
Q

Admonition to Jury

A

Instructions from a Judge to the jurors about:
1. What they must do and how they must behave, or
2. What evidence they can use to make their decision (called “admissible” evidence), or
3. How they can use that evidence to make a decision.

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39
Q

Adoption

A

The legal placement of a child with new parents.

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40
Q

ADR (Alternative Dispute Resolution)

A

A way of helping people decide legal problems without a trial.
Mediation and arbitration are types of ADR.

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41
Q

Adultery

A
  1. When a husband or wife has any sexual act with someone who is not his or her husband or wife without permission.
  2. A reason to grant a divorce.
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42
Q

Adversary

A

An opponent. The person on the other side of a case.

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43
Q

Adversary System

A

The court procedure in the United States and some other countries. This procedure, called trial practice, gives each side the chance to say his or her position in court.

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44
Q

Adverse Witness

A

A person called to testify for the other side.

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45
Q

Affiant

A

A person who prepares and signs an affidavit (a legal paper).

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46
Q

Affidavit

A

A written statement sworn to in front of someone legally authorized, like a notary public.

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47
Q

Affidavit of Service

A

A paper signed by someone not involved in a case saying that the papers were given (served) to another person who is named on the papers.

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48
Q

Affirm

A
  1. To say that something is true and correct.
  2. When a higher court decides that a lower court ruling is right.
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49
Q

Affinity

A

The relationship of a person to his or her spouse’s (husband or wife’s) family. Related by marriage.

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50
Q

Affirmation

A

A formal declaration that a statement is true. To lie is perjury and a person can be punished.

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51
Q

Affirmative Defense

A

A reason that would make a defendant not responsible, or not guilty in a criminal case, even if the claims are true. The defendant has to prove what he or she says is true; it’s called the burden of proof.

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52
Q

Aftercare

A

Community based services for a young person, his or her family, and/or guardian after a young person is let go from foster care. It provides services to help the young person to stay at home safely and to leave foster care and/or institutional settings.

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53
Q

Agent

A

Someone that has permission to act for another. A representative.

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54
Q

Aging Out

A

A term referring to a young person who must leave foster care because he or she has become too old and does not have a permanent plan in place. See permanency plan hearing. Aging out can occur at 18 but the young person has to stay in “care” until 21. At 21 the young person will leave care except in rare cases.

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55
Q

Agreement

A

An understanding between two or more people about their rights and duties to each other.

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56
Q

A.K.A.

A

A short way of saying “also known as.” For example, President William Jefferson Clinton is also known as Bill Clinton, a.k.a. Bubba.

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57
Q

Alias

A

A name used by a person that is not his or her legal name.

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58
Q

Alibi

A

A claim that the person accused was somewhere else at the time a crime was committed.

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59
Q

Alimony

A

Money the court orders you to pay to a spouse (husband or wife) or ex-spouse.

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60
Q

Allegation

A

A statement or claim that is made and has not been proven to be true or false.

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61
Q

Allege

A

To say that something is true even if it has not been proven.

62
Q

Allocution (Criminal Court)

A

A statement by a convicted defendant before sentencing to try to shorten the time in jail.

63
Q

Allocution (Civil Court)

A

When a Judge reads an agreement on the record with the parties before accepting it.

64
Q

Allocution

A

A formal speech.

65
Q

Alternate Juror

A

A person picked for a jury in case a juror needs to be replaced.

66
Q

Alternative Dispute Resolution (ADR)

A

A way of helping people decide legal problems without a trial. Mediation and arbitration are types of ADR.

67
Q

Amend

A

To change or fix something.

68
Q

Amicus Curiae

A

Latin: “friend of the court.” Someone that gives advice to the court about what the law means in a case but is not part of the case.

69
Q

Ancillary Proceeding

A

A case that grows out of another case.

70
Q

Ancillary Proceeding (Surrogate’s Court)

A

A case asking the court to appoint someone to manage the New York real or personal property of an out-of-state or foreign estate.

71
Q

Ancillary Relief

A

Everything else that can be asked for in a divorce case on top of the divorce itself. For example, maintenance, sometimes called alimony, division of property, responsibility for debts or bills, child support, etc.

72
Q

Annul

A

To cancel.

73
Q

Annulment

A

A legal action that says a marriage was never legal because of mental problems, incest, bigamy, being too young to consent, fraud, force, or physical incapacity. Also called nullity of marriage.

74
Q

Anonymous

A

When someone’s name is kept secret or is unknown.

75
Q

Answer

A
  1. A statement that a defendant writes to reply to a civil case and says what defenses he or she will use.
  2. Housing Court: What a respondent says about the landlord/owner’s claims. Usually verbal but can be in writing.
76
Q

Appeal

A

A request to a higher court to check a lower court’s decision to find out if all was right. The person who asks for the appeal is called the appellant. The other person is called the appellee.

77
Q

Appearance

A
  1. Going to court.
  2. A legal paper that says you will participate in the court process.
78
Q

Appellant

A

Someone who asks a higher court to change a lower court’s decision. A person who starts an appeal.

79
Q

Appellate Court

A

A court that can check how the law was used to decide a case in a lower court. In New York State the appellate courts are: The Appellate Term, the Appellate Division, and the Court of Appeals.

80
Q

Appellee

A

A person who is the respondent (the person defending) an appeal in a higher court.

81
Q

APPLA

A

A Family Court definition that stands for “another planned permanent living arrangement.”

82
Q

A&R Statement

A

An accounts and records statement made by the Support Collection Unit (SCU) listing the payments made and money owed under am order of support.

83
Q

Arbitration

A

A way to settle issues outside the court where a person that isn’t involved in the case acts as a Judge and makes a decision. Usually, this decision is final and can’t be appealed.

84
Q

Arbitrator

A

A person who is not a Judge but can hear and decide a case.

85
Q

Archives

A

A place where old records and files are kept for safekeeping.

86
Q

Argument

A

A statement, reason or fact for or against something in a case.

87
Q

Arraignment

A

When a person who is accused of committing a crime is taken to court, is told about the charges, and is asked to plead guilty or not guilty.

88
Q

Arrears

A

Money that is overdue or unpaid. Usually used in reference to unpaid rent rent or child support.

89
Q

Arrest

A

Taking a person into custody because of criminal activity. A person can be taken into custody with or without a warrant.

90
Q

Arrest Warrant

A

An arrest warrant orders a peace officer to bring the person accused of a crime to court.

91
Q

Warrant

A

An order in writing that is issued and signed by a Judge or judicial officer telling a peace officer to do something.

92
Q

Bench Warrant

A

A bench warrant is a Judge’s order to arrest and bring a person to court because the person did not appear in court when he or she was supposed to.

93
Q

Search Warrant

A

A search warrant is an order telling law enforcement officers to search a specific premises for specific persons or things and to bring them to the court.

94
Q

Warrant of Eviction

A

A warrant of eviction in Landlord/Tenant Court describes the place and allows a marshal or sheriff to remove the occupants and give possession to another.

95
Q

Warrant of Habitability

A

A promise that goes with the rental of residential property that it will be fit for people to live in (habitable). This includes having working plumbing, gas, electrical and heating systems, hot and cold running water, locking doors and windows, a roof that does not leak, windows, walls and doors, and other health and safety conditions, including clean and sanitary maintenance of the building and grounds, enough bins to store garbage and no rodents or vermin. This promise is part of the law, even if the landlord does not include it in the lease or rental agreement.

96
Q

Zoning

A

Laws that control the type and use of lands and buildings.

97
Q

Writ

A

A court order in writing that says that a certain action must be taken, for example, making a person to appear in court.

98
Q

Writ of Attachment

A

A writ of attachment is an order to seize (take) specified property.

99
Q

Writ of Certiorari

A

A writ of certiorari is an order by an appellate court granting or denying a review of a judgment.

100
Q

Writ of Execution

A

A writ of execution is an order to enforce a court judgment.

101
Q

Writ of Habeas Corpus

A

A writ of Habeas Corpus is an order to release someone that was put in prison but it was wrong.

102
Q

Writ of Mandamus

A

A writ of Mandamus is an order to perform an act already part of a person’s duty.

103
Q

Writ of Prohibition

A

A writ of prohibition orders a person who has a duty to perform an act to stop doing it. This is usually an order from a higher to a lower court. This is the opposite of a writ of Mandamus.

104
Q

Wrongful Death Action

A

A case brought by family members (or person who would take under the will, like a beneficiary) of a person who has died because of an improper, negligent or illegal act of another person that caused their family member’s death.

105
Q

With Prejudice

A
  1. Words used when rights or privileges are lost.
  2. The outcome of a case that keeps a person from using the same claim again in future cases.
106
Q

Without Prejudice

A
  1. Words used when rights or privileges are not waived or lost.
  2. The outcome of a case that allows a person to use the same claim again in future cases.
107
Q

Voir Dire

A

French: “To speak the truth.” The process by which Judges and lawyers choose members of the jury by questioning them to make sure they can decide the case in a fair way.

108
Q

Venire

A

Latin: “To come.” The group of people called for jury duty, and the jurors picked from the group. Also called the jury pool.

109
Q

Unconditional Discharge

A

The release of a defendant without any rules. The discharged person may have to pay a fine or make restitution, as well as pay a surcharge for the crime victim’s assistance fee.

110
Q

Summary Judgment

A

A decision made by a Judge when the parties agree on the facts but not on how the law applies to the facts. There is no trial and the Judge makes a decision based on the statements given.

111
Q

Subpoena

A

A court document used to make a witness testify (speak in court) or bring records. If a person does not do what the subpoena says, he or she may be in contempt of court.

112
Q

Strike

A

To erase or take away. For example: “To strike a case from the court’s calendar,” means to take the case off the calendar.

113
Q

Stipulation

A

An agreement in an issue between the parties in a court case.

114
Q

Statute of Limitations

A

The time period when a case must be started. For example, New York State has a 6 year statute of limitations for breach of a written contract. If John did not honor a contract with Susan on January 1, 2010, Susan must file her lawsuit before January 1, 2016. If the deadline passes, the “statute of limitations has run,” or the claim is “time-barred,” and Susan can’t sue. There are very few conditions that let the time period be extended or kept from running (“tolled”).

115
Q

State Case Registry (SCR)

A

A database (record) kept by each state that has information on individuals in all IV-D cases and all non-IV-D orders made or changed after October 1, 1998. See IV-D.

116
Q

State Directory of New Hires (SDNH)

A

A database (record) kept by each state, that has information about newly hired employees in that state.

117
Q

State Parent Locator Services (SPLS)

A

A unit in each state’s child support agency that finds noncustodial parents to force child support payments, visitation, and custody orders or to establish paternity.

118
Q

Small Claims Court

A

The division of the trial court that handles civil cases asking for $5,000 or less. The plaintiff can file either a small claims case or a regular civil case in superior court. Small claims court is simple, quick, and cheaper than a regular civil case.

119
Q

Small Claims Case

A

A civil case for $5,000 or less.

120
Q

Small Claims Assessment Review (SCAR)

A

Special case started by an owner/resident of a one, two or three family building to question the amount of taxes of the building.

121
Q

Slander

A

False or malicious statements that are insulting or belittling and hurt a person’s reputation

122
Q

Libel

A

False and malicious (lies) written or published material that is defamatory (insulting) and hurts a person’s reputation.

123
Q

Lis Pendens

A

Latin for “a pending suit.” 1. Jurisdiction of a court over property until the final decision of a case. 2. A notice filed against public records warning the public that title to the property is in litigation (in court and not final).

124
Q

Misdemeanor

A

A crime that has a penalty of at least 15 days but not more than one year in prison.

125
Q

Felony

A

A serious crime that can be punished by more than one year in prison. Compare with infraction and misdemeanor. Felonies are divided into five classes: A, B, C, D, and E felonies. Class A felonies carry the longest jail sentence. Class E felonies the shortest jail sentence.

126
Q

Infraction

A

A minor violation of a law, contract, or right that is not a misdemeanor or a felony and can’t be punished by time in prison.

127
Q

Misdemeanor

A

A crime that has a penalty of at least 15 days but not more than one year in prison.

128
Q

Fiduciary

A
  1. Adjective: A high standard of care.
  2. Noun: A person who must use a high standard of care when he or she manages another person’s money or property, like a trustee.
129
Q

Manslaughter

A

When someone kills a person, but didn’t mean to do it.

130
Q

Murder

A

The killing of a person by a person who planned or intended it (malice aforethought). This mental state can be either said or suggested by actions or words.

131
Q

Homicide

A

When a person kills another person directly, indirectly (didn’t try to stop it,) or has someone else kill for him or her. Homicide is not always a crime.

132
Q

Excusable Homicide

A

The result of a lawful act when no hurt was intended or from an act of self-defense.

133
Q

Criminal Homicide

A

The result of any wrongful act without any excuse or justification in law.

134
Q

Justifiable Homicide

A

The result of an intentional but lawful act such as the execution of a death sentence by an agent of the law (can also be self-defense).

135
Q

Hearsay

A

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay usually cannot be used as evidence in court.

136
Q

Habeas Corpus

A

Latin: “You have the body.” The name of an order used to bring a person to a court or Judge to decide if that person is being denied given his or her freedom, against the law.

137
Q

Habitable

A

A place fit for people to live in. A rental unit that follows important building and safety code standards that affect tenants’ health and safety is called “habitable.”

138
Q

Uninhabitable

A

A rental unit that has problems or repairs so serious that they hurt the tenant’s health or safety. This happens when the space is not fit for people to live in, or if does not follow important building and safety rules that can hurt the tenants’ health and safety.

139
Q

Implied Warranty of Habitability

A

A legal rule that makes landlords keep their rental units fit for people to live in. A rental unit must comply with important building and housing code standards that affect tenants’ health and safety.

140
Q

Evidence

A

Any proof legally presented at trial by witnesses, records, and/or exhibits to prove a fact.

141
Q

Certiorari

A

Latin: “To be more fully informed.” An action used to review the decision or action of a public official or agency. Now under Article 78 of the CPLR.

142
Q

Contract

A
143
Q

Legislation

A
144
Q

Bona Fide

A

Latin: “In good faith.” Sincere, real, without lies. True

145
Q

Ex Parte

A
146
Q

Petitioner

A

A person or agency that starts a proceeding or brings an appeal to a higher court.

147
Q

Common Law

A
  1. Laws that come from court decisions and not from statutes (“codes”) or constitutions.
  2. The body of law which began in England on where U.S. law came from.
148
Q

Damages

A

Money that the losing side must pay to the winning side to make up for loss or injuries.

149
Q

Compensatory Damages

A

Means money to pay for the actual cost of an injury or loss.

150
Q

Punitive or Exemplary Damages

A

Means an amount of money that is in addition to the actual damages. This is a punishment for bad acts someone does on purpose.

151
Q
A

Legal Jargon 2023 (7 decks)

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