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NY BAR REVIEW > NY BAR REVIEW LAW DICTIONARY 2 > Flashcards

NY BAR REVIEW LAW DICTIONARY 2 Flashcards

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1
Q

rap

A

legal responsibility for criminal act.

ex - he took the rap for his partner in crime

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2
Q

rap sheet

A

record of arrests and prosecutions.
written list of person’s criminal history.
list can be generated by submitting someone’s name and date of birth or by running fingerprints

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3
Q

rape

A

unlawful sexual intercourse by 1 person to another ag his will

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4
Q

reasonable doubt

A

belief that def’s guilt hasnt been proven

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5
Q

real estate owned

A

REO.

lender , like a bank, takes property after doesnt sell at auction

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6
Q

rebuttal

A

evidence presented at trial by 1 party to overcome evidence introduced by another.
written response to written objection to final order of magistrate in fam ct

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7
Q

recess

A

short break in trial ordered by judge

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8
Q

recidivist

A

repeat offender

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9
Q

reciprocity

A

relatnship where state gives certain privileges to other stts / citizens of other stts bc first stte and its citizens get same privileges in other stts.

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10
Q

record

A

written list of proceedings in case, pleadings, evidence, exhibits , judgments submitted during case

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11
Q

record on appeal

A

copy of pleadings / evidence / exhibits / orders / judgments , filed in case in trial ct and transcript of testiomony from case

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12
Q

records retention and disposal schedule

A

system or plan for all records kept by ct that says what records can be disposed of and when

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13
Q

recuse

A

person to remove himself from case bc of conflict of interest.
judge may recuse himself from case bc of personal / prof involvement w 1 or more parties

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14
Q

redact

A

edit / change.

remove confdtl info from doc

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15
Q

redaction

A

hide / remove info from doc before publication / release. ct rule in some cts that requires removeal of confidentail personal info from ct papers - s.s. no. birthdate tax info

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16
Q

referee

A

person apptd by ct to hear evidence and make decision in case / report backto ct.
special referee

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17
Q

referral

A

send something to another person / agency for more info / help / services

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18
Q

registration of out of state order of support

A

support order from 1 state is filedin a new stte w clerk of ct in following rules of UNIFORM INTERSTATE FAM SUPPORT ACT.
allows child / or spousal support order to be enforced in new stte

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19
Q

rehabilitation

A

idea that vocational / correctional / other trainings given to convicted def’s will help them to reintegrate into society after release

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20
Q

reinstated bail

A

ct gives back $ that was put up toward bail bc says def had good reason for missing ct

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21
Q

released on recognizance

A

to be free from custody w/o bail while case is pending. parole.

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22
Q

relevant

A

sttmt important for proof of point in a case

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23
Q

relief

A

aid / help given to someone in need.
legal remedy.
what ct can do to fix problem

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24
Q

remainderman

A

person who gets what is left at end of distribution of estate or at end of life tenancy or end of trust

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25
Q

remand

A

appellate ct sends case to lower ct for more proceedings.

return prisoner to custody.

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26
Q

remand to ACS

A

admin of children’s services - temp removal of child during a PINS or neglect / abuse case.
during that period, chid is under control of admin of children’s services custody

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27
Q

remanding order

A

order to sheriff to hold def in custody till his next ct appearance or till bail is posted

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28
Q

remittitur

A

return of records of case from appellate ct to original trial ct.
has appellate ct’s decision and may direct original ct to do something

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29
Q

removal

A

transfer of juvenile defender case from criminal ct to fam ct

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30
Q

removal of barriers to remarriage form

A

form necessary when marriage was blessed in religious ceremony by clergy member, minister of any religion, society of ethical culture.
requires person getting the divorce to swear that he has taken all steps to remove religious road blocks ag other person’s remarriage

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31
Q

rent control ordinances

A

rent control and rent stabilization.
laws that limit rent increases and give certain rts to tenants.
when landlord / owner can evict tenant.
rent control and rent stabilization laws are carried out by division of housing and community renewal DHCR.

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32
Q

rental agreement

A

lease.
verbal / written agreement bw tenant and landlord.
or subtenant and primary tenant.
makes terms of tenancy like amt of rent and when its due

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33
Q

rental application form

A

form that landlord can ask tenant to fill out before renting that asks for info about tenant .
tenant’s current address /ph #, employment history, credit ref

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34
Q

zoning

A

laws that control type and use of lands and buildings

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35
Q

youth part

A

special judges and ctrooms in sup and cty cts taht address unique issues of prosecuting adolescent offenders / juvenile offenders charged w certain felonies.

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36
Q

youthful offender

A

person sentenced for crime that happened when he was 14,15,16,17,18 yo and is given youthful offender status by judge.
being so gives teen a chance to have no record of crime.

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37
Q

wage garnishment

A

legal steps to make employer of judgment debtor hold back portion of his salary to satisfy judgment.
money held back by employer to pay off employee’s debt.

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38
Q

wage withholding

A

legal steps that lets deductions be made from wages / income on regular schedule.
deductions are used t pay debt, child support.
this often is put into child support order.
can be voluntary /agreed to or involuntary / not agreed to.
income withholding.

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39
Q

waiver

A

agreeing to give up legal rt and understanding what it means and what it will do.
waiver.
paper signed by person giving up legal rt.

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40
Q

waiver of rts form

A

form signed by def and judge that says what legal rts are given up by def

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41
Q

ward of ct

A

youth that is under care and control of juvenile ct and not his parents

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42
Q

warrant

A

order in writing issued and signed by judge / judicial officer telling peace officer to do sumn.

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43
Q

arrest warrant

A

orders peace officer to bring person accused of crime to ct

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44
Q

bench warrant

A

judge’s order to arrest and bring prson to ct bc person didnt appear in ct when was supposed to

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45
Q

search warrant

A

order telling law enforcement officers to search specific premises for specific persons / things and bring them to ct

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46
Q

warrant of eviction

A

landlord tenant ct, description of place, allows marshal / sheriff to remove occupants and give possession to another

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47
Q

warranty of habitability

A

promise that goes w rental of rsdtl prop that it will be fit for people to live in / habitable.
includes having working plumbing / gas /electrical / heating system/ hot and cold running water / locking doors and windows / roof that doesnt leak / windows / walls / doors / health and safety conditions / clean and sanitary maintenance of bldg and grounds / bins to store garbage / no rodents or vermin.
this promise is part of law even if landlord doesnt include in lease / rental agreement

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48
Q

waste

A

permanent damage to real prop

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49
Q

will

A

legal paper listing person’s wishes about what will happen to personal prop after death

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50
Q

willfullness hearing

A

when judge decides if someone wanted to disobey order of support in child / spousal supportcase

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51
Q

with prejudice

A

words used when rts / privileges are lost.

outcome of case taht keeps person from using same claim again in future cases.

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52
Q

witness

A

person testifying to what has seen / heard / experienced

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53
Q

writ

A

ct order in writing saying taht certain action MUST be taken - making person appear in ct.

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54
Q

writ of attachment

A

order to seize / take specifiedprop

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55
Q

writ of certiorari

A

order by appellate ct granting / denying review of judgment

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56
Q

writ of execution

A

order to enforce ct judgment

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57
Q

writ of habeas corpus

A

order to release someone that was put in prison but was wrong

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58
Q

writ of mandamus

A

order to perform act already part of person’s duty

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59
Q

writ of prohibition

A

orders person who has duty to perform act to stop doing it.
usually from higher to lower ct.
opposite of writ of mandamus

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60
Q

wrongful death action

A

case brought by fam mmbrs / person who wouild take under will , such as beneficiary, of person who died bc of improper / negligent / illegal act of anotehr person that caused their fam member’s death

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61
Q

wade hearing

A

proceeding to ask ct to suppress id of def bc police id procedure was illegal / suggestive

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62
Q

wage assignment

A

voluntary agreement by employee to send / assign parts of future earnings / money to pay debt, like child support

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63
Q

wage attachment

A

involuntary transfer of portion of employee’s salary to repay debt

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64
Q

waiver of immunity

A

signed paper by witness who agrees to testify even if things said may be used ag him later

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65
Q

waiver of indictment

A

paper signed by def agreeing to give up rt to grand jury hearing

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66
Q

vacate

A

cancel / end order of ct

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67
Q

vacating default judgment

A

remove judgment that was based on person not coming to ct / answering a case

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68
Q

venire

A

come.
group of people called for jury duty and jurors picked from group.
jury pool

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69
Q

venue

A

place - county / city / state , where case can be heard

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70
Q

verdict

A

decision made by jury

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71
Q

verification

A

sttmt in writing under oath saying something is true

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72
Q

verified

A

doc sworn to be true and signed in front of notary public saying facts made in doc are true

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73
Q

victim impact sttmt

A

comments from victim / victim’s fam made during sentencing proceedings to let judge know how crime affected victim and / or his family

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74
Q

violation

A

breach of rt /duty / law.
crim ct- offense where person can be sentenced to up to 15 days in jail.
housing ct- condition defined by NYC HOUSING MAINTENANCE CODE

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75
Q

visitation

A

rt of non custodial parent to be w child.

plan saying when parent will spend time w his child.

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76
Q

voir dire

A

speak truth.

process by which judges and lawyers choose mmbrs of jury by questioning them to ensure they can decide case in fair way.

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77
Q

voluntary administrator

A

person allowed to settle small estaet

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78
Q

voluntary foster care placement petition / L PETITION

A

parent / guardian cant care for child- can sign voluntary agreement to allow child to be placed in temp foster care throughsocial services agency.
foster parents who a child is place with can be relatives of child.
child can also be placed in group home.
if child is to stay in foster care for longer tahn 30 days, social services agency responsible for supervising child’s foster care MUST file L PETITION in fam ct.

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79
Q

unlawful detainer

A

person continues to hold some real prop - land / apt / house, that he no longer has rt to use.
common law term for case where landlord tries to evict tenant for reason that tenant no longer has rt to live on property

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80
Q

unreimbursed public assistance

A

money pd by govt to cover support of child that parent who was ordered to pay has yet to pay back

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81
Q

unrepresented litigant

A

person who comes to ct w/o atty.
pro se party .
self represented litigant.

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82
Q

uphold

A

when appellate ct agrees w lower cts decision.
V.
OVERTURN

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83
Q

urine test

A

medical test of urine sample to see if shows alcohol or other drug

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84
Q

use and occupancy

A

U AND O.
payment for use of space by person.
person is NOT tenant but may been one in past.

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85
Q

trial

A

proceeding where parties give facts and laws to judge for decisin.
bench trial - heard and decided by judge.
jury trial - heard and decided by jury.

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86
Q

trial ct

A

first ct to hear case

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87
Q

trial de novo

A

new trial.
held before judge / jury when party rejects arbitration award.
rt to trial de novo may be given up by both sides before arbitration.

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88
Q

trial discharge

A

6 mths time pd when foster care youth are still in custody of NYC children’s services,but can live on their own.
youths discharged to independent living or another planned permanent living arrangement MUST have a trial discharge.
after 6 mths trial pd, trial discharge will be a final discharge unless youth asks for trial pd to go on for longer.

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89
Q

trust fund

A 
money
stocks
bonds
securities 
held under control of someone for use and benefit of another person
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90
Q

trust item

A

specific things held in trust

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91
Q

trustee

A

person that has custody of / control over money / things for another.
bankruptcy ct - person representing interests of bankruptcy estate and unsecured creditors.
surrogate’s ct - person / fiduciary named in will / trust to be in control.
trustee’s responsibilities may include selling property of estate, making distributions, bringing cases to recover property

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92
Q

turnover proceeding

A

special proceeding ag person who is NOT a party in case who has property / money that belongs to person who owes judgement and asks ct to have him give prop / money to person who won judgment

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93
Q

U.S. Atty

A

lawyer apptd by president of U.S. in each fed judicial district to prosecute and defend cases for fed govt

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94
Q

unbundled legal services / unbundling

A

practice where lawyer and c agree taht lawyer will do only some of the work in a case, but not thewhole case / bundle.
limited scope representation

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95
Q

unclaimed funds

A

money that cant be given out bc identity / address of person receiving money / payee is unknown.
any money due to person but person has NOT gone to collect it

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96
Q

uncondtl discharge

A

release of def w/o rules.

discharged person may have to pay fine / make restitution and pay surcharge for crime victim’s assistance fee

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97
Q

uncontested divorce

A

no disagreements bw parties over financial / other divorce issues and other side agrees to divorce / doesnt answer case

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98
Q

undertaking

A

promise, deposit of sum of money , filing of bond in case to get permission from ct / other party to do something.
fam ct - order by ct making person give case / bond to ct or support collection unit to be sure support is paid.

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99
Q

unemancipated children

A

children under 18 supported by parent / guardian

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100
Q

uniform child custody jurisdiction enforcement act

A

UCCJEA

law that gives ct power to deal w custody and visitation issued bw people who live in diff stts

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101
Q

uniform interstate family support act

A

UIFSA

law giving ct power to make and force chid and/or spoussal support orders in diff stts

102
Q

uninhabitable

A

rental unit that has problems or repairs so serious that they hurt the tenant’s health / safety.
this happens when space is NOT fit for people to live in or doesnt follow important bldg and safety rules that can hurt the tenant’s health and safety

103
Q

temporary order of protection

A

ct order requiring def to stay away from someone till crim case is resolved

104
Q

temporary restraining order

A

ct order saying person MUST NOT do certain things that can cause harm that cantbe fixed.
can be done immediately with no notice to other party and w no ct hearing.
lasts only till hearing can be held.
often used in domestic violence cases to protect person from violence / threat of violence

105
Q

tenancy

A

tenancy’s rt to use and control landlord’s rental unit. created by rental agreement , spoken / written, bw landlord and tenant.

106
Q

tenancy at will

A

rt to occupy property for as long as tenant wants .
rt given by property owner / landlord. ending tenancy at will needs same legal procedure as in ending month to month tenancy

107
Q

tenant screening service

A

bus that collects and sells info on tenants, if they pay rent on time andif they have been def’s in evictioncases

108
Q

tenant

A

person who rents or leases rental unit.

tenant has rt to use and stay in rental unit for lease or rental pd of time

109
Q

terms

A

time frame during which ct conducts its bus

110
Q

terminate parental rts petition / b petition

A

rerquest to ct by agency to end parental rts of dchild whos already in foster care.
done when agency believes paretns havent kept in contact or planned for child’s future, or have abandoned or abused child, or are mentally ill or disabled in way that can harm child

111
Q

termination of parental rts

A

when judge / referee makes decision to end parent / legal guardian’s rts / obligations over his child.
happens in child abuse / neglect case where judge / referee thinks youth is in great danger or when youth has been in foster care for 15 out of 22 mths

112
Q

testate

A

made will / died leaving valid will

113
Q

testator

A

person that has made will / died leaving legal will

114
Q

testify

A

give evidence under oath as witness in ct case

115
Q

testimony

A

sttmts made by witnesses under oath

116
Q

theft

A

take another person’s personal prop - watch, jewelry,car, w plan to keep it from owner

117
Q

3rd party

A

party to action whos not original pl / def

118
Q

3rd party action

A

when def in case sues another party and brings him into case

119
Q

ticket

A

citation , usually for traffic violation

120
Q

time waiver

A

party agrees to give up rt to certain time limits

121
Q

time share

A

plan that says when parents can spend time w their children.

visitation/ parenting plan.

122
Q

title

A

ownership /proof of ownership of land / other property

123
Q

toll

A

stop statute of limitations/time limit and allow filing of case

124
Q

tort

A

injury / wrong ag person.

not doing some duty required by law / custom that harm another person.

125
Q

tortfeasor

A

person commits or is found guilty of tort

126
Q

traffic infraction

A

violation of nys vehile and traffic law that is NOT a misdemeanor / felony.
petty/small offense.

127
Q

transcript

A

record of every word said at trial or otehr formal conversation , such as hearing / deposition

128
Q

transcript of judgment

A

doc w info on lower ct’s judgment that is filed in ct of general jurisd to make that judgment enforceable - can act on it, in other cts and counties of nys

129
Q

transfer

A

judge’s order to move case from 1 ct to another

130
Q

trespass

A

go on someone’s land w/o permission.

act ag person / property of another that is not legal.

131
Q

summons

A

notice to person that he is being sued.t lets him know where and when the answer MUST be filed. it also lets the person know that if he doesn’t answer by the deadline, a default judgment may be entered ag him.

132
Q

summons w notice

A

legal paper that starts a case and makes the other party / def file a notice of appearance and ask for complaint by certain pd of time. states reason for the action and may also have requests for relief

133
Q

superior ct info

A

written doc listing felony and/or misdemeanor charges ag def.
filed by district atty w superior ct when def waives rts to grand jury hearing.

134
Q

supervised visitation

A

visitation bw parent and child that happens in front of person named by ct.
ct can order supervised visitation when there has been domestic violence / child abuse / threat to take child out of state.

135
Q

support

A

payment for housing / food / clothing / related living expenses

136
Q

support collection unit

A

part of human resource admin that collects / accounts for / pays out money / bc of order of support

137
Q

support magistrate

A

person who can hear and decide support issues in family ct

138
Q

support order

A

ct order that decideshow much money should be paid for support of child / spouse - husband / wife. support order can include money/health care / payment of debts / repayment of ct costs / atty fees / interest / penalties/ other kinds of support

139
Q

support petition

A

request ct to say who is legally responsible for support of child, spouse , relative, how much support should be paid

140
Q

suppress

A

stop / prevent something from being seen / heard

141
Q

suppression hearing

A

pre trial proceeding in criminal case to decide if getting evidence was done in right way.
if procedures werent followed rt way, evidence cant be used.

142
Q

sup ct

A

highest level trial ct in nys.

sup ct of u.s. is highest level ct in country.

143
Q

sup ct clerk office

A

office separate from county clerk office, providing help and official support to sup ct in ny

144
Q

surety

A

person who agrees to be responsible for debt / obligation of another person

145
Q

surety bond

A

agreement by insurance company where insurer promises to pay ct money / bail / if def doesnt come to ct when is supposed to

146
Q

surety bond register

A

book / record available to public that has info about each surety bond filed w ct. used by insurance companies to see whats happening w outstanding bail bonds. co can find out from register if bail conditions have been met.

147
Q

surrogate court

A

ct thathas power overaffairs of someone who dies / guardianship / oversees fiduciaries

148
Q

surrogate parent

A

person who volunteers or is apptd by ct to act as parent of child

149
Q

suspend

A

stop / put off for time being

150
Q

suspended judgment

A

order that sets conditions for certain amt of time to give person chance to do something that can result in case being dismissed / thrown out

151
Q

suspended sentence

A

in crim law, means def doesnt have to serve sentence at time sentence is given

152
Q

temporary administrator

A

person apptd to manage, not distribute, assets of estate till permanent administrator is apptd

153
Q

temporary assistance to needy families

A

TANF

payments made to poor families for a limited time, based on title IV-A of social sec act

154
Q

temporary order of support

A

TOS

order given during case taht says who should pay support while case lasts

155
Q

rental unit

A

apt / house / duplex / condominium / space / room that a landlord rents to tenant.
when tenant uses rental unit to live in, its called residential rental unit

156
Q

renter’s insurance

A

insurance that protects tenant’s property ag losses /theft / fire / protects tenant ag liability -legal responsibilit for claims for lawsuits filed by landlord or others who may say the tenant negligently / without care injured another person / property

157
Q

rent to own contract

A

agreement bw manufactured home park owner / operator and manufactured home renter that allowsrenter to become owner of rented home after certain time / event

158
Q

rent to own payment

A

money paid by manufactured home renters on rent to own contract in addition to rent payments to live in manufactured home

159
Q

renunciation of fiduciary letters

A

notarized sttmt of inability or unwillingness to act as fiduciary

160
Q

repair and deduct remedy

A

after tenant asks for repair that landlord doesnt fix, tenant can make repairs w his money, then take that amt from future rents.
before doing this, tenant MUST give notice of repair in writing to landlor and give landlord reasonable amt of time toanswer.
money paid to correct repair MUST be proven w receipts - repairmen, items bought to fix problem

161
Q

replevin

A

recovery of chattels / things.

case started to get an item back, not to get the money its worth.

162
Q

reply

A

pl’s answer to def’ counterclaim

163
Q

reporter

A

ct official writing down everything said during trial, questions asked by lawyers and answers by witnesses

164
Q

representation

A

standing in for / acting for /another person.
lawyer for client.
sttmt of alleged / not proven fact used to get someone to do something.
when buyer counts on seller’s word that roof doesnt leak.
surrogate’s ct, way money is given out in estate.
type of distribution / per capita, everyone gets same amt at each generational level

165
Q

request for admission

A

method of discovery where 1 party formally asks in writing the other party to admit truth of certain facts

166
Q

request for judicial intervention

A

form filed w ct to ask to have judge assigned to case

167
Q

requisition

A

written request to ct for doc.

ask ct for copy of trial tapes.

168
Q

res

A

thing.
what case is about.
object / interest / status
NOT person

169
Q

res judicata

A

thing decided.
issue decided by judge.
defense saying issue has already been decided bw same parties and cant be brought up again

170
Q

residence

A

place where person lives

171
Q

residential treatment center

A

fam ct - campus, often outside nYC, where youth live in group homes / cottages.
NYC children’s services can put youth in RTC if thinks youth needs more supervision or more contact w social worker

172
Q

respondent

A

person answering petition or is sued in special proceeding.
person who an appeal / motion is made ag.
respondent is defendant in case.

173
Q

restitution

A

put someone / something back the way it was before loss /injury / some other damage.
can be done by fixing something / by giving equal value in money

174
Q

restraining order

A

ct order telling person to stop doing soemthing for certain amt of time, till ct hearing is held

175
Q

restore

A

bring case back to ct by putting it on calendar.

return something to original condition.

176
Q

retaliatory eviction

A

defense where tenant says real reason for landlord’s act / raising rent / is to evict tenant bc tenant asked for his rights

177
Q

revenue

A

money received by company / agency / govt

178
Q

reverse

A

when appellate / higher ct changes decision of trial / lower ct

179
Q

review and adjustment

A

when current financial info is taken from both parties in child support case by IV - D agency and used to decide if support order needs to be changed.

180
Q

revocation

A

act of taking away / cancelling something / probation or driver’s license

181
Q

rider

A

written addition to contract to change terms / add new terms

182
Q

rt of redemption period

A

time when borrower can stop foreclosure by selling property / paying off loan .
ends when property is sold at auction

183
Q

robbery

A

illegal taking of property off of or in front of another by violence / intimidation.

184
Q

sanction

A

penalty / punishment

185
Q

satisfaction

A

payment of judgment amt / money by losing party

186
Q

satisfaction of judgment

A

sttmt from judgment creditor filed w ct saying judgment has been fully paid.

187
Q

seal

A

impression / stamp that has official meaning when put on to a doc.
close case file from public. file cant be seen w/o ct order.

188
Q

search warrant

A

order telling law enforcement officers to search a specific place for specific persons / things and to bring them to ct

189
Q

second violent felony offender

A

person convicted of violent felony, other than class A1 felony, after having been previously convicted of 1 or more felonies in the past 10 yrs

190
Q

security for costs

A

money / property / bond given to ct by pl / appellant to cover other side’s costs if he loses

191
Q

security deposit

A

money given to landlord when person first moves in to hold in case there is damage to property.
when tenant moves out, if there is no damage to property, landlord MUST return this money to tenant

192
Q

seizure

A

taking of property by sheriff / marshal when judgment hasnt been paid.

193
Q

self defense

A

rt of person to protect himself or his property from harm

194
Q

self represented litigant

A

person who comes to ct w/o atty. pro se party / unrepresented litigant

195
Q

self surrender

A

when person turns himself in to jail /police / ct.

196
Q

sentence

A

judge’s formal sttmt about punishment to be given to person convicted of crime.
amt of time person MUST serve for crime

197
Q

sentencing guidelines

A

rules made by U.S. SENTENCING COMMISSION that trial judges use to help them decide sentence of convicted def in FEDERAL ct case

198
Q

separate property

A

prop that husband / wife own by himself/herself.
in most cases includes things owned prior to marriage / things received as gift / by inheritance, at any time.
sep prop is NOT included when figuring out how to divide prop during divorce

199
Q

separation

A

when married couple agree that relationship is over by agreement / ct order.

200
Q

separation agreement

A

written agreement that lists terms of separation.
usually says what money will be paid for children/ maintenance payments / division of marital prop / child care / related issues.
MUST be formally signed and witnessed/ notarized and covers time before divorce, after separation.

201
Q

separation date

A

usually date when 1 or both married people decide that marriage is over and take some action to show this, like moving out of house

202
Q

sequester

A

separate / hold aside to keep safe.

jurors cant go home till case is over.

203
Q

service

A

delivery of legal papers in case.
service officially tells person that something is happening in a case.
if party is NOT properly served, can be reason for case to be dismissed.
papers MUST be delivered by person 18 yrs old/older who is NOT part of case.
MUST swear in affidavit about date /method of delivery.

204
Q

service of process

A

delivery of ct papers to other side to start case

205
Q

service by publication

A

after ct says that other ways of service wont work or have been unsuccessful it can allow service to start case by putting notice in newspaper

206
Q

service plan review / planning conference

A

meeting scheduled every 3 to 6 mths where youth’s foster care agency explains his permanency plan and talks about what services are available to him.
youth have the rt to know abt their service plan review, attend their planning conference and can bring a supportive adult w them

207
Q

settlement / settlement agreement

A

formal / voluntary / signed / written agreement bw parties that solves issues in case before judge’s decision / jury verdict

208
Q

standing

A

rt to take part in case bc you have legal claim / want to enforce duty / rt

209
Q

state case registry

A

database / record kept by each state that has info on individuals in all IV-D cases and all non IV-D orders made / changed after 10.1.1998

210
Q

state directory of new hires

A

database / record kept by each stte, has info about newly hired employees in that state

211
Q

state parent locator services

A

unit in each stts child support agency that finds noncustodial parents to force child support payments / visitation / custody orders / establish paternity

212
Q

sttmt of facts

A

written / oral list of facts in ct case.

part of judge’s decision that says what facts are in a case.

213
Q

statement in lieu of record on appeal

A

question to appeals ct where only part of record needed to answer question is sent

214
Q

statute

A

formal rule /law

215
Q

statute of limitations

A

time pd when case MUST be started .
breach of written contract - 6 yrs.
if deadline to file suit passes, statute of limitations has run / claim is time barred and cannot sue.
few conditions that led time period extend / keep from running - tolled.

216
Q

stay

A

order by ct that stop case until something else happens

217
Q

stipulated judgment

A

written doc bw parties in a case where they agree to judgment and other terms. after agreement is signed by judge, its the final decision in case.

218
Q

stipulation

A

agreement on issue bw parties in ct case

219
Q

strike

A

erase / take away. strike case from court’s calendar.

220
Q

sua sponte

A

of one’s own accord.
voluntarily.
commonly used to describe when judge does something w/o being asked.

221
Q

sublease

A

separate rental agreement bw original tenant and new tenant that rents all / part of original tenant’s place. new tenant is called subtenant.
agreement bw original tenant and landlord is STILL the SAME, and original tenant CONTINUES to be responsible for paying the rent to the landlord and for other tenant obligations

222
Q

subpoena

A

ct doc used to make a witness testify / speak in ct / bring records. if person doesnt do what subpoena says, he may be in contempt of ct

223
Q

subpoena duces tecum

A

ct doc saying papers MUST be brought to certain place at specific time

224
Q

subrogate

A

substitute 1 person for another in a legal claim

225
Q

substituted delivery

A

type of legal service.

ct papers are left w someone who lives / works at person’s address and copies are mailed to party

226
Q

suit

A

ct case

227
Q

suitable age and discretion

A

words used to describe type of person that ct papers can be left with. usually MUST be someone who will give papers to rt person.
shouldnt be child / someone mentally challenged

228
Q

sum certain

A

fixed amt of money / amt that can be figured out from doc .

229
Q

summation

A

closing arguments by prosecution and defense made to jury before makes a decision.
each side reviews evidence and tries to sway jury to their views.
prosecution MUST present a summation.
defense can choose NOT to make a summation.

230
Q

summary judgment

A

decision made by judge when parties agree on facts but not on how law applies to facts. no trial. judge makes decision based on sttmts given.

231
Q

settlement agreement

A

formal / voluntary / signed/ written agreement bw parties that solves issues in case before judge’s decision / jury verdict

232
Q

settlement of transcript

A

before appeal, steps in getting and fixing record / transcript of trial

233
Q

sever

A

separate parts of case that can be brought to ct in new case

234
Q

sheriff

A

person w power to enforce orders of ct.

person can take away personal and real property

235
Q

short sale

A

when lender agrees to let borrower sell property for less than is owed on loan. money from sale goes to lender and he says loan is paid off.
normally happens when property is wroth less than amt still owed on loan

236
Q

show cause

A

ct order telling person to come to ct and give evidence why request in the order should /shouldnt be allowed or executed. order to show cause is usually based on affidavit / sworn paper, asking judge to make certain decisions

237
Q

sine die

A

without a die.

case is adjourned sine die = case is off calendar and there is NO future date

238
Q

slander

A

false / malicious sttmts insulting / belittling and hurt person’s reputation

239
Q

small claims assessment review

A

SCAR

special case started by owner / resident of 1,2, 3 family bldg to question amt of taxes of bldg

240
Q

small claims case

A

civil case for 5k or less

241
Q

small claims ct

A

the division of trial ct that handles civil cases asking for 5k or less. pl can file either small claims case / regular civil case in superior ct.
small claims ct is simple / quick / cheaper than regular civil case.

242
Q

small estate proceeding

A

probate case for estate worth less than amt specified by law

243
Q

sole legal custody

A

ct order saying 1 parent hs legal rt to make major decisions affecting child - health care / education/ religion. if parents dont agree on decision abt child, parent w sole legal custody has rt to make final decision alone.
doesnt give 1 parent rt to move away w child w/o telling other parent, unless ct orders gives that rt.

244
Q

special assistant corporation counsel for commissioner of social services

A

attys who represent social services in child support enforcement case

245
Q

special education

A

instruction made to meet needs of child whose disability affects his ability to learn in regular classroom

246
Q

special proceeding

A

type of case that asks for limited help/outcome / relief

247
Q

special verdict

A

when jury decides facts in a case and judge decides how law applies

248
Q

split sentence

A

sentence in which part of time is served in jail and rest on probation

249
Q

spousal support

A

ct ordered money given by 1 married person to otehr or ex wife or ex husband = maintenance / alimony

250
Q

spouse

A

husband.

wife.

251
Q

standard proof

A

level of proof required to win type of case.

in criminal cases, level of proof is BEYOND REASONABLE DOUBT

252
Q

essay expressions

A 
potential
incur
likelihood
constitute
close call
balance of relevant factors
indicate
by reason of
whether
arising of
otherwise
unless
so provides
insulate
tortious
conduct
set forth
solely
by reason
there is no indication
there is an indication
subjected him to 
based on 
necessary to examine
relative to the facts
pursuant to
delegated 
persuaded
costlier
employ
pursuant to requirements
is present
in light of the principle that
performance of
was responsible for
administered
mandated by
fall within the scope
close call
justify imposition of liability
the facts suggest
by virtue
engage in
allegedly 
conduct
factors to consider
determinative
court must examine
totality of circumstances

NY BAR REVIEW (123 decks)

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