NY BAR REVIEW LAW DICTIONARY 2 Flashcards
1
Q
rap
A
legal responsibility for criminal act.
ex - he took the rap for his partner in crime
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
3
Q
rape
A
unlawful sexual intercourse by 1 person to another ag his will
4
Q
reasonable doubt
A
belief that def’s guilt hasnt been proven
5
Q
real estate owned
A
REO.
lender , like a bank, takes property after doesnt sell at auction
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
7
Q
recess
A
short break in trial ordered by judge
8
Q
recidivist
A
repeat offender
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.
10
Q
record
A
written list of proceedings in case, pleadings, evidence, exhibits , judgments submitted during case
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
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
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
14
Q
redact
A
edit / change.
remove confdtl info from doc
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
16
Q
referee
A
person apptd by ct to hear evidence and make decision in case / report backto ct.
special referee
17
Q
referral
A
send something to another person / agency for more info / help / services
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
19
Q
rehabilitation
A
idea that vocational / correctional / other trainings given to convicted def’s will help them to reintegrate into society after release
20
Q
reinstated bail
A
ct gives back $ that was put up toward bail bc says def had good reason for missing ct
21
Q
released on recognizance
A
to be free from custody w/o bail while case is pending. parole.
22
Q
relevant
A
sttmt important for proof of point in a case
23
Q
relief
A
aid / help given to someone in need.
legal remedy.
what ct can do to fix problem
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
25
remand
appellate ct sends case to lower ct for more proceedings.
| return prisoner to custody.
26
remand to ACS
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
27
remanding order
order to sheriff to hold def in custody till his next ct appearance or till bail is posted
28
remittitur
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
29
removal
transfer of juvenile defender case from criminal ct to fam ct
30
removal of barriers to remarriage form
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
31
rent control ordinances
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.
32
rental agreement
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
33
rental application form
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
34
zoning
laws that control type and use of lands and buildings
35
youth part
special judges and ctrooms in sup and cty cts taht address unique issues of prosecuting adolescent offenders / juvenile offenders charged w certain felonies.
36
youthful offender
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.
37
wage garnishment
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.
38
wage withholding
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.
39
waiver
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.
40
waiver of rts form
form signed by def and judge that says what legal rts are given up by def
41
ward of ct
youth that is under care and control of juvenile ct and not his parents
42
warrant
order in writing issued and signed by judge / judicial officer telling peace officer to do sumn.
43
arrest warrant
orders peace officer to bring person accused of crime to ct
44
bench warrant
judge's order to arrest and bring prson to ct bc person didnt appear in ct when was supposed to
45
search warrant
order telling law enforcement officers to search specific premises for specific persons / things and bring them to ct
46
warrant of eviction
landlord tenant ct, description of place, allows marshal / sheriff to remove occupants and give possession to another
47
warranty of habitability
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
48
waste
permanent damage to real prop
49
will
legal paper listing person's wishes about what will happen to personal prop after death
50
willfullness hearing
when judge decides if someone wanted to disobey order of support in child / spousal supportcase
51
with prejudice
words used when rts / privileges are lost.
| outcome of case taht keeps person from using same claim again in future cases.
52
witness
person testifying to what has seen / heard / experienced
53
writ
ct order in writing saying taht certain action MUST be taken - making person appear in ct.
54
writ of attachment
order to seize / take specifiedprop
55
writ of certiorari
order by appellate ct granting / denying review of judgment
56
writ of execution
order to enforce ct judgment
57
writ of habeas corpus
order to release someone that was put in prison but was wrong
58
writ of mandamus
order to perform act already part of person's duty
59
writ of prohibition
orders person who has duty to perform act to stop doing it.
usually from higher to lower ct.
opposite of writ of mandamus
60
wrongful death action
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
61
wade hearing
proceeding to ask ct to suppress id of def bc police id procedure was illegal / suggestive
62
wage assignment
voluntary agreement by employee to send / assign parts of future earnings / money to pay debt, like child support
63
wage attachment
involuntary transfer of portion of employee's salary to repay debt
64
waiver of immunity
signed paper by witness who agrees to testify even if things said may be used ag him later
65
waiver of indictment
paper signed by def agreeing to give up rt to grand jury hearing
66
vacate
cancel / end order of ct
67
vacating default judgment
remove judgment that was based on person not coming to ct / answering a case
68
venire
come.
group of people called for jury duty and jurors picked from group.
jury pool
69
venue
place - county / city / state , where case can be heard
70
verdict
decision made by jury
71
verification
sttmt in writing under oath saying something is true
72
verified
doc sworn to be true and signed in front of notary public saying facts made in doc are true
73
victim impact sttmt
comments from victim / victim's fam made during sentencing proceedings to let judge know how crime affected victim and / or his family
74
violation
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
75
visitation
rt of non custodial parent to be w child.
| plan saying when parent will spend time w his child.
76
voir dire
speak truth.
| process by which judges and lawyers choose mmbrs of jury by questioning them to ensure they can decide case in fair way.
77
voluntary administrator
person allowed to settle small estaet
78
voluntary foster care placement petition / L PETITION
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.
79
unlawful detainer
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
80
unreimbursed public assistance
money pd by govt to cover support of child that parent who was ordered to pay has yet to pay back
81
unrepresented litigant
person who comes to ct w/o atty.
pro se party .
self represented litigant.
82
uphold
when appellate ct agrees w lower cts decision.
V.
OVERTURN
83
urine test
medical test of urine sample to see if shows alcohol or other drug
84
use and occupancy
U AND O.
payment for use of space by person.
person is NOT tenant but may been one in past.
85
trial
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.
86
trial ct
first ct to hear case
87
trial de novo
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.
88
trial discharge
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.
89
trust fund
```
money
stocks
bonds
securities
held under control of someone for use and benefit of another person
```
90
trust item
specific things held in trust
91
trustee
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
92
turnover proceeding
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
93
U.S. Atty
lawyer apptd by president of U.S. in each fed judicial district to prosecute and defend cases for fed govt
94
unbundled legal services / unbundling
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
95
unclaimed funds
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
96
uncondtl discharge
release of def w/o rules.
| discharged person may have to pay fine / make restitution and pay surcharge for crime victim's assistance fee
97
uncontested divorce
no disagreements bw parties over financial / other divorce issues and other side agrees to divorce / doesnt answer case
98
undertaking
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.
99
unemancipated children
children under 18 supported by parent / guardian
100
uniform child custody jurisdiction enforcement act
UCCJEA
| law that gives ct power to deal w custody and visitation issued bw people who live in diff stts
101
uniform interstate family support act
UIFSA
| law giving ct power to make and force chid and/or spoussal support orders in diff stts
102
uninhabitable
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
temporary order of protection
ct order requiring def to stay away from someone till crim case is resolved
104
temporary restraining order
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
tenancy
tenancy's rt to use and control landlord's rental unit. created by rental agreement , spoken / written, bw landlord and tenant.
106
tenancy at will
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
tenant screening service
bus that collects and sells info on tenants, if they pay rent on time andif they have been def's in evictioncases
108
tenant
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
terms
time frame during which ct conducts its bus
110
terminate parental rts petition / b petition
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
termination of parental rts
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
testate
made will / died leaving valid will
113
testator
person that has made will / died leaving legal will
114
testify
give evidence under oath as witness in ct case
115
testimony
sttmts made by witnesses under oath
116
theft
take another person's personal prop - watch, jewelry,car, w plan to keep it from owner
117
3rd party
party to action whos not original pl / def
118
3rd party action
when def in case sues another party and brings him into case
119
ticket
citation , usually for traffic violation
120
time waiver
party agrees to give up rt to certain time limits
121
time share
plan that says when parents can spend time w their children.
| visitation/ parenting plan.
122
title
ownership /proof of ownership of land / other property
123
toll
stop statute of limitations/time limit and allow filing of case
124
tort
injury / wrong ag person.
| not doing some duty required by law / custom that harm another person.
125
tortfeasor
person commits or is found guilty of tort
126
traffic infraction
violation of nys vehile and traffic law that is NOT a misdemeanor / felony.
petty/small offense.
127
transcript
record of every word said at trial or otehr formal conversation , such as hearing / deposition
128
transcript of judgment
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
transfer
judge's order to move case from 1 ct to another
130
trespass
go on someone's land w/o permission.
| act ag person / property of another that is not legal.
131
summons
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
summons w notice
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
superior ct info
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
supervised visitation
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
support
payment for housing / food / clothing / related living expenses
136
support collection unit
part of human resource admin that collects / accounts for / pays out money / bc of order of support
137
support magistrate
person who can hear and decide support issues in family ct
138
support order
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
support petition
request ct to say who is legally responsible for support of child, spouse , relative, how much support should be paid
140
suppress
stop / prevent something from being seen / heard
141
suppression hearing
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
sup ct
highest level trial ct in nys.
| sup ct of u.s. is highest level ct in country.
143
sup ct clerk office
office separate from county clerk office, providing help and official support to sup ct in ny
144
surety
person who agrees to be responsible for debt / obligation of another person
145
surety bond
agreement by insurance company where insurer promises to pay ct money / bail / if def doesnt come to ct when is supposed to
146
surety bond register
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
surrogate court
ct thathas power overaffairs of someone who dies / guardianship / oversees fiduciaries
148
surrogate parent
person who volunteers or is apptd by ct to act as parent of child
149
suspend
stop / put off for time being
150
suspended judgment
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
suspended sentence
in crim law, means def doesnt have to serve sentence at time sentence is given
152
temporary administrator
person apptd to manage, not distribute, assets of estate till permanent administrator is apptd
153
temporary assistance to needy families
TANF
| payments made to poor families for a limited time, based on title IV-A of social sec act
154
temporary order of support
TOS
| order given during case taht says who should pay support while case lasts
155
rental unit
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
renter's insurance
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
rent to own contract
agreement bw manufactured home park owner / operator and manufactured home renter that allowsrenter to become owner of rented home after certain time / event
158
rent to own payment
money paid by manufactured home renters on rent to own contract in addition to rent payments to live in manufactured home
159
renunciation of fiduciary letters
notarized sttmt of inability or unwillingness to act as fiduciary
160
repair and deduct remedy
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
replevin
recovery of chattels / things.
| case started to get an item back, not to get the money its worth.
162
reply
pl's answer to def' counterclaim
163
reporter
ct official writing down everything said during trial, questions asked by lawyers and answers by witnesses
164
representation
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
request for admission
method of discovery where 1 party formally asks in writing the other party to admit truth of certain facts
166
request for judicial intervention
form filed w ct to ask to have judge assigned to case
167
requisition
written request to ct for doc.
| ask ct for copy of trial tapes.
168
res
thing.
what case is about.
object / interest / status
NOT person
169
res judicata
thing decided.
issue decided by judge.
defense saying issue has already been decided bw same parties and cant be brought up again
170
residence
place where person lives
171
residential treatment center
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
respondent
person answering petition or is sued in special proceeding.
person who an appeal / motion is made ag.
respondent is defendant in case.
173
restitution
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
restraining order
ct order telling person to stop doing soemthing for certain amt of time, till ct hearing is held
175
restore
bring case back to ct by putting it on calendar.
| return something to original condition.
176
retaliatory eviction
defense where tenant says real reason for landlord's act / raising rent / is to evict tenant bc tenant asked for his rights
177
revenue
money received by company / agency / govt
178
reverse
when appellate / higher ct changes decision of trial / lower ct
179
review and adjustment
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
revocation
act of taking away / cancelling something / probation or driver's license
181
rider
written addition to contract to change terms / add new terms
182
rt of redemption period
time when borrower can stop foreclosure by selling property / paying off loan .
ends when property is sold at auction
183
robbery
illegal taking of property off of or in front of another by violence / intimidation.
184
sanction
penalty / punishment
185
satisfaction
payment of judgment amt / money by losing party
186
satisfaction of judgment
sttmt from judgment creditor filed w ct saying judgment has been fully paid.
187
seal
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
search warrant
order telling law enforcement officers to search a specific place for specific persons / things and to bring them to ct
189
second violent felony offender
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
security for costs
money / property / bond given to ct by pl / appellant to cover other side's costs if he loses
191
security deposit
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
seizure
taking of property by sheriff / marshal when judgment hasnt been paid.
193
self defense
rt of person to protect himself or his property from harm
194
self represented litigant
person who comes to ct w/o atty. pro se party / unrepresented litigant
195
self surrender
when person turns himself in to jail /police / ct.
196
sentence
judge's formal sttmt about punishment to be given to person convicted of crime.
amt of time person MUST serve for crime
197
sentencing guidelines
rules made by U.S. SENTENCING COMMISSION that trial judges use to help them decide sentence of convicted def in FEDERAL ct case
198
separate property
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
separation
when married couple agree that relationship is over by agreement / ct order.
200
separation agreement
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
separation date
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
sequester
separate / hold aside to keep safe.
| jurors cant go home till case is over.
203
service
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
service of process
delivery of ct papers to other side to start case
205
service by publication
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
service plan review / planning conference
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
settlement / settlement agreement
formal / voluntary / signed / written agreement bw parties that solves issues in case before judge's decision / jury verdict
208
standing
rt to take part in case bc you have legal claim / want to enforce duty / rt
209
state case registry
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
state directory of new hires
database / record kept by each stte, has info about newly hired employees in that state
211
state parent locator services
unit in each stts child support agency that finds noncustodial parents to force child support payments / visitation / custody orders / establish paternity
212
sttmt of facts
written / oral list of facts in ct case.
| part of judge's decision that says what facts are in a case.
213
statement in lieu of record on appeal
question to appeals ct where only part of record needed to answer question is sent
214
statute
formal rule /law
215
statute of limitations
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
stay
order by ct that stop case until something else happens
217
stipulated judgment
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
stipulation
agreement on issue bw parties in ct case
219
strike
erase / take away. strike case from court's calendar.
220
sua sponte
of one's own accord.
voluntarily.
commonly used to describe when judge does something w/o being asked.
221
sublease
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
subpoena
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
subpoena duces tecum
ct doc saying papers MUST be brought to certain place at specific time
224
subrogate
substitute 1 person for another in a legal claim
225
substituted delivery
type of legal service.
| ct papers are left w someone who lives / works at person's address and copies are mailed to party
226
suit
ct case
227
suitable age and discretion
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
sum certain
fixed amt of money / amt that can be figured out from doc .
229
summation
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
summary judgment
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
settlement agreement
formal / voluntary / signed/ written agreement bw parties that solves issues in case before judge's decision / jury verdict
232
settlement of transcript
before appeal, steps in getting and fixing record / transcript of trial
233
sever
separate parts of case that can be brought to ct in new case
234
sheriff
person w power to enforce orders of ct.
| person can take away personal and real property
235
short sale
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
show cause
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
sine die
without a die.
| case is adjourned sine die = case is off calendar and there is NO future date
238
slander
false / malicious sttmts insulting / belittling and hurt person's reputation
239
small claims assessment review
SCAR
| special case started by owner / resident of 1,2, 3 family bldg to question amt of taxes of bldg
240
small claims case
civil case for 5k or less
241
small claims ct
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
small estate proceeding
probate case for estate worth less than amt specified by law
243
sole legal custody
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
special assistant corporation counsel for commissioner of social services
attys who represent social services in child support enforcement case
245
special education
instruction made to meet needs of child whose disability affects his ability to learn in regular classroom
246
special proceeding
type of case that asks for limited help/outcome / relief
247
special verdict
when jury decides facts in a case and judge decides how law applies
248
split sentence
sentence in which part of time is served in jail and rest on probation
249
spousal support
ct ordered money given by 1 married person to otehr or ex wife or ex husband = maintenance / alimony
250
spouse
husband.
| wife.
251
standard proof
level of proof required to win type of case.
| in criminal cases, level of proof is BEYOND REASONABLE DOUBT
252
essay expressions
```
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
```
