NY BAR REVIEW LAW DICTIONARY Flashcards

Question 1

Q

adjournment in contemplation of dismissal

Answer

A

decision to put off trial for certain amount of time, usually 6 mths. if conditions are met, case is dropped.

Question 2

Q

adjudicate

Answer

A

judge hears case and decides it

Question 3

Q

adjudication

Answer

A

judge’s decision in case.

process of deciding case

Question 4

Q

administration

Answer

A

mgt/officials at highest level of govt/business.

surrogate’s ct- proceeding handling estate of person that died without will/intestate

Question 5

Q

administrative procedure

Answer

A

way govt agency makes and enforces rules and orders without going to ct to do it

Question 6

Q

administrator

Answer

A

person apptd by ct to manage and settle estate of person who died without will.
there is a will but no executor/person in charge of estate or executor cant act, administrator can be apptd to replace executor / cun testamento anexo or to complete what will demands/de bonis non.

Question 7

Q

admissible evidence

Answer

A

sttmt, papers, other things that can legally be used in ct to prove a fact

Question 8

Q

admission

Answer

A

sttmt by 1 side in case that helps other side

Question 9

Q

admonish

Answer

A

warn/scold.

advise.

Question 10

Q

admonition to jury

Answer

A

instructions from judge to jurors about what must do and how must behave.
what evidence can use to make their decision/admissible evidence.
how they can use that evidence to make a decision.

Question 11

Q

adoption

Answer

A

legal placement of child w new parents

Question 12

Q

alternative dispute resolution

Answer

A

way of helping people decide legal problems without trial.
mediation.
arbitration.

Question 13

Q

adultery

Answer

A

husband/wife has sexual act with someone who is not his/her husband/wife without permission.
reason to grant divorce.

Question 14

Q

adversary

Answer

A

opponent.

person on other side of case.

Question 15

Q

adversary system

Answer

A

ct procedure in U.S. and some other countries.
trial practice.
gives each side chance to say his position in ct.

Question 16

Q

adverse witness

Answer

A

person called to testify for other side

Question 17

Q

affiant

Answer

A

person who prepares and signs an affidavit/legal paper

Question 18

Q

affidavit

Answer

A

written sttmt sworn to in front of someone legally authorized, like a notary public

Question 19

Q

affidavit of service

Answer

A

paper signed by someone NOT involved in case saying papers were given/served to another person who is named on papers

Question 20

Q

affirm

Answer

A

say that something is true/correct.

when higher court decides that lower ct ruling is right.

Question 21

Q

affinity

Answer

A

relationship of person to his/her spouse’s family. related by marriage.

Question 22

Q

affirmation

Answer

A

formal declaration that sttmt is true.

Question 23

Q

perjury

Answer

A

to lie.

can be punished.

Question 24

Q

affirmative defense

Answer

A

reason that would make def not responsible or not guilty in criminal case, even if claims are true.
def has to prove what he/she says is true. burden of proof.

Question 25

Q

aftercare

Answer

A

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

Question 26

Q

agent

Answer

A

someone that has permission to act for another/ representative

Question 27

Q

aging out

Answer

A

term referring to young person who must leave foster care bc he/she has become too old and doesnt have permanent plan in place.
aging out can occur at 18 but young person has to stay in care till 21.
at 21, young person can leave care except in rare cases.

Question 28

Q

agreement

Answer

A

understanding bw 2/more people about their rights and duties to each other

Question 29

Q

18B atty

Answer

A

atty given to person by court

Question 30

Q

abandonment

Answer

A

in family ct, when parent leaves child w little or no care or contact for long time.
in divorce, reason to give a divorce. when husband/wife has left the other for no good reason for 1 year / more, and other person did not agree.
in housing, when person does something that shows he is not interested in the home and will not return.

Question 31

Q

abrogate

Answer

A

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

Question 32

Q

absent w/o leave from foster care

Answer

A

youth is awol when he leaves his foster care home w/o permission. if he stays away for more than 90 days, he can be dropped from foster care and lose some benefits.
in military, when soldier leaves post w/o permission.

Question 33

Q

abstract of judgment

Answer

A

short version of cts final decision. lots of words left out.

Question 34

Q

abstract

Answer

A

short version / summary of legal document. lots of words left out.

Question 35

Q

accessory

Answer

A

person who gives help to person who commits a crime w/o directly committing it himself

Question 36

Q

accomplice

Answer

A

person who commits crime w another person

Question 37

Q

accounting

Answer

A

report listing all of debit and assets of person or thing (estate, company, corporation).
in surrogate’s ct, report of money spent, given out, and earned including fees and unpaid bills. includes support papers, such as will, receipts, bills, taxes.
in surrogate’s ct, name of paper filed to show what money was spent or given out or earned in an estate, administration, trust, guardianship. must be filed by fiduciary.

Question 38

Q

accrual

Answer

A

total amt of money owed or that is late

Question 39

Q

accusatory instrument

Answer

A

paper filed w ct charging a person w one / more offenses

Question 40

Q

accused

Answer

A

person charged w crime who has to go to criminal ct

Question 41

Q

acknowledgment

Answer

A

person says that something is true.

written sttmt signed in front of official, such as notary public, who says the person signing is whom they claim to be.

Question 42

Q

acknowledgment of paternity

Answer

A

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

Question 43

Q

acquit

Answer

A

decision by judge or jury that person on trial is not guilty

Question 44

Q

ACS =

Answer

A

administration for children’s services

Question 45

Q

action

Answer

A

in ct, when 1 person sues someone else to protect or enforce a right, or to stop something bad from happening or fix something, or to punish him for a crime.

Question 46

Q

active status

Answer

A

case in ct but is waiting for decision has active status

Question 47

Q

ad damnum

Answer

A

to the damage. amt of money claimed in a case

Question 48

Q

ad litem

Answer

A

for this lawsuit, in this case only

Question 49

Q

addendum

Answer

A

another paper or words added to original paper or set of papers

Question 50

Q

adolescent offender

Answer

A

16 yr old who is charged w felony committed after 9.30.18 or 17 yr old charged w a felony committed after 9.30.19/

Question 51

Q

adjournment

Answer

A

put off a ct date till another time or place

Question 52

Q

aka

Answer

A

also known as

Question 53

Q

alias

Answer

A

name used by person that is not his legal name

Question 54

Q

alibi

Answer

A

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

Question 55

Q

alimony

Answer

A

money the ct orders one to pay a spouse or ex spouse

Question 56

Q

allegation

Answer

A

sttmt / claim thats made and hasnt been proven to be true or false

Question 57

Q

allege

Answer

A

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

Question 58

Q

allocution

Answer

A

in criminal ct, sttmt by convicted def before sentencing to try to shorten time in jail.
in civil ct, when judge reads an agreement on the record w parties before accepting it.
formal speech.

Question 59

Q

alternate juror

Answer

A

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

Question 60

Q

alternative dispute resolution

Answer

A

way of helping people decide legal problems w/o trial. types- mediation, arbitration.

Question 61

Q

amend

Answer

A

change or fix

Question 62

Q

amicus curiae

Answer

A

friend of the ct. someone that gives advice to the ct about what the law means in a case but is not part of the case

Question 63

Q

ancillary proceeding

Answer

A

case that grows out of another case.
filedin order to help in original case, or help change something.
surrogate’s ct, case asking ct to appoint someone to manage NY real or personal property of out of state or foreign estate.

Question 64

Q

ancillary relief

Answer

A

everything else that can be asked for in divorce case on top of divorce itself. example- maintenance, at times called alimony, division of property, responsibility for debts or bills, child support.

Answer 65

A

legal actions saying marriage was never legal bc of mental problems, incest, bigamy, too young to consent, fraud, force, physical incapacity. nullity of marriage.

Answer 66

A

when someone’s name is kept secret or is unknown

Answer 67

A

sttmt that def writes to reply to civil case and says what defenses he will use.
housing ct, what respondent says about landlord / owner’s claims.
usually verbal, can be in writing.

Answer 68

A

request to higher ct to check lower ct’s decision to find out if it was right. person who asks for the appealis called the appellant. other person is called the appellee.

Answer 69

A

going to ct.

legal paper saying you will participate in ct process.

Answer 70

A

someone who asks a higher ct to change a lower ct’s decision. person who starts an appeal.

Answer 71

A

ct that can check how the law was used to decide a case in lower ct. in NYS, appellate cts are appellate term, appellate division, and ct of appeals.

Answer 72

A

person who is the respondent/ person defending an appeal in higher ct

Answer 73

A

family ct definition, another planned permanent living arrangement

Answer 74

A

accounts and records sttmt made by support collection unit listing payments made and money owed under order of support

Answer 75

A

way to settle issues outside ct where person that isnt involved in the case acts as judge and makes a decision. usually decision is final and cannot be appealed

Answer 76

A

person who is not a judge but can hear and decide a case

Answer 77

A

place where old records and files are kept for safe keeping

Answer 78

A

sttmt, reason or fact for or ag something in a case

Answer 79

A

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

Answer 80

A

money that is overdue or unpaid. usually in ref to unpaid rent or child support

Answer 81

A

taking a person into custody bc of criminal activity. can be taken into custody with or w/o a warrant

Answer 82

A

sup ct case that can change an order made by an admin agency, like NYCHA or sec 8

Answer 83

A

sup ct case to name a person as guardian of another who cant handle his affairs

Answer 84

A

make sure. find out if something is true.

Answer 85

A

threat or use of force that makes another person afraid or offended

Answer 86

A

atty asigned by ct to represent party

Answer 87

A

person or business who is given rights , powers , duties. collection agency is assignee who has same rights as person who was owed money originally.

Answer 88

A

if person gets public assistance benefits and later on gets chid support , part or all of public assistance money MUST be repaid to govt

Answer 89

A

lawyer from district atty’s office who prosecutes people on behalf of the public

Answer 90

A

extra docs added to ct papers to give more info.

order that says a person can collect a judgment by taking other person’s property.

Answer 91

A

act of proving doc’s truth by signing as a witness

Answer 92

A

someone licensed to represent clients in ct and give legal advice

Answer 93

A

lawyer assigned by ct to be child’s atty.

Answer 94

A

person given power of atty to act for another person

Answer 95

A

lawyer whose name is listed in case file as representing someone in the case

Answer 96

A

when records or accts are looked at to check that they are right and complete

Answer 97

A

copy of original writing that is certified or verified / sworn to by proper officer

Answer 98

A

part of personal responsibility and work opportunity reconciliation act that lets states find, put a lien on , and take property from people in diff state that owe money

Answer 99

A

amt of money given by arbitrator or jury in judgment.

give something by formal act or judicial order.

Answer 100

A

money deposit, usually in cash, given to ct to release a def or witness from custody and make sure that he comes back to ct

Answer 101

A

legal paper that person buys from bondsman and gives to ct instead of money. if def doesnt come to ct as ordered, bondsman must pay amt of money on bail bond to ct

Answer 102

A

person who gets paid to put up money for bail to allow witness or def to be released from custody. if def or witness doesnt come to ct as ordereed, bonsdman must pay amt of money on bail bond to ct

Answer 103

A

when judge makes decision that bail money can be returned

Answer 104

A

when a def doesnt return to ct on time, he gives up money that was deposited w ct to get free

Answer 105

A

written sttmt that ct gives def that says bail was paid

Answer 106

A

list of amt of money that is suggested for temporarily releasing people on diff charges

Answer 107

A

person in charge of security in ct / ct officer

Answer 108

A

way to get money in judgment ag someone; money taken from debtor’s bank acct

Answer 109

A

ct case started by person who cant pay his debts asking ct to allow him to not pay debts back

Answer 110

A

block or stop something or someone; group of lawyers permitted to practice law in state

Answer 111

A

making habit of starting fights or lawsuits; starting lawsuits without a good reason.

Answer 112

A

use of force on person that causes harmful or offensive contact w/o his permission

Answer 113

A

desk where judge sits in ct; judges in general or specific judge can be called the bench

Answer 114

A

meeting w attys and judge at judge’s bench to talk about something in the case. may or may not be part of official record

Answer 115

A

trial w/o jury where judge decides the case

Answer 116

A

order given by judge / bench to arrest person when he did not appear at ct

Answer 117

A

person who can receive something bc of legal arrangement or doc; surrogate’s ct - person who can share in an estate

Answer 118

A

gift in will of money or other property

Answer 119

A

std cts use to decide who will take care of child. some factors that cts look at are age and health of the child, emotional ties bw parents and child, ability of parents to care for child, and child’s ties to school, home, community

Answer 120

A

separate; case where responsibility of person is decided before amt of money is awarded

Answer 121

A

list of specific expenses included in judgment on top of money already given

Answer 122

A

formal list of stmts that clarify or detail charges and/or facts in case. usually given after a request is made

Answer 123

A

make yourself of someone else legally responsible for something

Answer 124

A

judge’s decision before trial that says there is enough evidence for trial

Answer 125

A

examination of someone’s blood sample; usually used to see how much of a certain chemical is in the blood or see who is parent of child

Answer 126

A

in good faith. sincere, real, without lies, true.

Answer 127

A

guarantee that person will do something. promise. written promise to pay money or do something if something happens or certain amt of time passes

Answer 128

A

steps taken by police when someone is arrested. taking fingerprints, photographs, writing down personal info about the person.

Answer 129

A

written sttmt that each side gives the ct to say why ct should decide in his favor; short amt of time

Answer 130

A

person’s duty to prove truth of his claim

Answer 131

A

when someone unlawfully breaks into or enters a building or home to commit a theft or other serious crime / felony.

Answer 132

A

daily list of all cases to be heard in courtroom. calendar something means to give a day/time/courtroom to a case

Answer 133

A

calling of names of cases listed on calendar by clerk. usually done at beginning of ct day

Answer 134

A

number assigned to case when case is scheduled for trial by ct. different from index number thats given when case is filed w clerk. separate fee is charged for calendar number.

Answer 135

A

whats written at top of all ct papers. says things like names of parties, ct, case number.

Answer 136

A

lawsuit; complaint filed in any ct. folder that has official ct papers. case file for a case.

Answer 137

A

case is conferenced w both sides and judge or judge’s ct atty to try to settle case before going to trial

Answer 138

A

law made by othe decisions in similar cases

Answer 139

A

id # that court clerk’s offices gives a case. number is on all papers filed in case. docket number . index number.

Answer 140

A

number of cases judge has to hear

Answer 141

A

family ct. person assigned to help families and if a case is started, to testify about what he did to help. caseworkers may work for govt or private agency.

Answer 142

A

ct employee who can accept payments for services

Answer 143

A

group of facts used as reason to sue. grounds that say a case can be started. charges or counts that are in the case / lawsuit

Answer 144

A

let the buyer beware. idea that person buys things at own risk

Answer 145

A

doc where fact is formally sworn to and has official seal

Answer 146

A

doc required by nyc housing maintenance code for landlord / owner to certify that violations have been corrected

Answer 147

A

official ct doc that says the status of a case or its final result.

Answer 148

A

certificate from state board of parole to eligible persons who have 2 / more felony convictions and any number of misdemeanor convictions. clears barriers from state or municipal law and is proof of rehabilitation that an employer is required by law to consider when person applies for job

Answer 149

A

paper given to ct saying that you are ready for trial

Answer 150

A

may be granted by ct to def who has been sentenced to revocable sentence - probation / conditional charge / others, or sentencethat is not a commitment to stte correctional facility. certificate removes any bar to his employment that was imposed by law bc of his conviction. application for certificate can be obtained at clerk’s office of the ct where sentence was given

Answer 151

A

criminal ct - judge’s order to move a criminal case to another ct in diff county; certifying.

Answer 152

A

official copy of paper marked as being true copy of original. if from a govtl agency, will usually have a seal

Answer 153

A

sttmt which has been sworn to as true in front of notary public

Answer 154

A

swear to truth in writing

Answer 155

A

be more fully informed. action to review decision / action of public official or agency. art 78 of cplr.

Answer 156

A

someone’s objection / argument ag something in legal case

Answer 157

A

reasons that lawyer gives for removing juror or judge from case

Answer 158

A

judge’s office

Answer 159

A

family ct- words often used to explain change in ct order

Answer 160

A

when civil or criminal case is moved from one ct’s jurisdiction to another

Answer 161

A

criminal ct- accuse a person of a crime. formal accusation of crime before prosecution listing offenses.

Answer 162

A

in trial, sttmt to jury by judge telling it what principles of law to use in the case

Answer 163

A

piece of personal property. car, bracelet, and others

Answer 164

A

person under 18 yrs of age. youth in foster care may be referred to as child by ct until leaves foster care, which can occur as late as 21 yrs old

Answer 165

A

hurting or allowing someone to hurt a child physically / sexually / emotionally

Answer 166

A

someone w special training apptd by ct to help child in case

Answer 167

A

care, control, maintenance of child given by ct. custody can be given to relative, but usually given to 1 of parents. who the child lives with

Answer 168

A

investigation and analysis by expert of health / safety / welfare and best interests of children. ordered by ct to help solve custody and visitation arguments

Answer 169

A

when person legally responsible for care / custody of child doesnt give proper care. not giving child enough food / shelter / clothing / education / medical care. neglect can be physical / emotional. NN Petition

Answer 170

A

state agency acting on reports of child abuse and neglect. in nyc it is acs - administration for children’s services

Answer 171

A

moeny paid by parent to another to help support child / children after separation

Answer 172

A

agency in every state that makes , enforces, and changes child support. looks for parents that dont have custody - noncustodial / ncp’s or finds person assumed to be father of child - putative father - pf. collects and gives out child support money and is also known as iv-d agency.

Answer 173

A

cssa. law determining amt of child support to be paid

Answer 174

A

cset. special section in nyc family ct in ny county handling child support and paternity when child requiring support receives public assistance. cset makes and enforces child support and paternity orders

Answer 175

A

testimony not based on personal knowledge / observation of facts in case

Answer 176

A

ct order or summons telling def what charges are. tells def to go to ct and / or post bail.
surrogate’s ct- process by ct to get jurisdiction over someone and give him notice of proceeding.
group of numbers and letters used to find a case in law text book or legal reference.

Answer 177

A

when def who is not in custody must go to ct on certain day. refer to something as important authority in case.
lawyers often cite past cases as examples of decisions that help in their argument.

Answer 178

A

lawsuit for money / to get property back / to force someone to complete a contract / to protect someone’s civil rights

Answer 179

A

ct’s right / power to hear noncriminal case / civil

Answer 180

A

claim by judgment debtor that law stops certain property from being take to pay the judgment

Answer 181

A

when you divide civil case into 2 lawsuits to stay below amt youre allowed to sue for

Answer 182

A

ct official who handles filings / motions / pleadings

Answer 183

A

person authorized by law to administer / give oaths and sign process / mandates the ct. chief clerk.

Answer 184

A

set of laws, rules, regulations

Answer 185

A

legal paper that adds to or changes a will

Answer 186

A

live with and usually have sexual relations w another person

Answer 187

A

way to solve conflicts w/o going to ct. both sides have lawyer, but agree not to go to ct. type of alternative dispute resolution.

Answer 188

A

organizations that give people w conflict diff ways to work out their issues w/o going to ct

Answer 189

A

when someone mixes properties or money intended for diff purposes into a common fund or bank acct

Answer 190

A

person in charge of telling people that they have to do jury duty

Answer 191

A

do something, such as, a crime.
place someone in custody.
use ct order to send a person to jail.

Answer 192

A

ct order that says person must be kept in custody, usually jail or mental institution

Answer 193

A

laws that come from ct decisions and not from statutes / codes / constitutions.
body of law which began in England on where US law came from.

Answer 194

A

money that 1 person MUST pay another to cover cost of wrong or injury.
ex- in car accident - cost of fixing car.

Answer 195

A

order from ct saying person in mentally able / understands enough to take part in ct case

Answer 196

A

person that starts ct case ag another person. in civil case, complainant is the pl. in criminal case, complainant is the state.

Answer 197

A

written sttmt that starts a case. it says what the pl says the def did and it asks the ct for relief / help.
initial pleading or petition.

Answer 198

A

hearing to find out if repairs were made in an HP case

Answer 199

A

required by legal process or by law

Answer 200

A

concurring opinion agrees w the decision of majority either for same or for diff reasons

Answer 201

A

when 2 / more cts can hear same case

Answer 202

A

sentences that can be served at same time. if person has concurrent sentences of 10 years and 5 yrs, hecan serve total of 10. V. CONSECUTIVE …

Answer 203

A

act of finding a person guilty in a ct.

taking of property for public use.

Answer 204

A

sentence given by judge that orders person to do ornot do certain things while they are released. ex - attend a drug treatment program or not breaking any more laws.

Answer 205

A

when someone admits, out loud / in writing that he committed a crime

Answer 206

A

way to get judgment w/o having to start a lawsuit. person or corp confessing judgment signs affidavit agreeing that an amt of damages is owed.

Answer 207

A

things that may be removed from ct papers to protect a person, like s.s. #s, birth dates, tax info.

Answer 208

A

info in ct case that cant be seen by public

Answer 209

A

rt to have lawyer keep c’s info private and not share it w others. 3 exceptions:
if lawyer thinks his c is going to commit a crime and he cannot stop the c.
if lawyer believes his c is going to hurt him or self.
if c told a lie in ct after he has sworn to tell the truth

Answer 210

A

copy of doc where changes have been made to make it same as original

Answer 211

A

sentences served 1 after the other.

if person has consecutive sentences of 10 yrs and 5 yrs, he must serve total of 15 yrs.

Answer 212

A

relationship by blood. blood relative.

Answer 213

A

marriage of minor, who’s at least 14 yrs and LESS than 16 yrs old. MUST be approved by ct.

Answer 214

A

someone that cant take care of himself and has a caretaker - conservator, picked by ct

Answer 215

A

someone picked by ct to either take care of someone that cant take care of himself - conservatee or take care of property of conservatee, or both

Answer 216

A

person / business picked by judge to handle financial matters of person when judge decides that the person cant do it, the conservatee

Answer 217

A

person / business picked by judge to care for and protect person when judge decides that person - conservatee cant do it.

Answer 218

A

ct proceeding where judge appts caretaker for adult that is unable to care for himself

Answer 219

A

when at least 2 cases that involve same issues of law are put together and become 1 case. 1 judgment will cover all parties.

Answer 220

A

central law of country that setup creation, character, organization of power and how that power is used. rules and principles, descriptions of govt’s power, and main rts that people of country or stte have.

Answer 221

A

reason to grant a divorce. when 1 party refuses without reason to have sexual relations w the other for at lease 1 yr.

Answer 222

A

when tenant cant use part or all of apt bc something landlord/owner has done / allowed

Answer 223

A

federal law that limits how much money can be taken from someone’s paycheck to pay for child support. stts can set their own limits as long as they are not higher than the federal ones.

Answer 224

A

when doing or not doing / saying something prevents justice or hurts the honor / respect / authority of the ct. ignoring / disobeying judge or ct order. can be something that was not done on purpose - civil contempt and can be punished w fines and/or jail until order is followed. can also be on purpose - criminal contempt. punishable by jail up to 30 days even if order is followed.

Answer 225

A

case where parties dont agree on facts or law.

Answer 226

A

case where person doesnt want divorce action. parties cant agree on terms of divorce.

Answer 227

A

put off ct case to later date

Answer 228

A

postponed.

put off to later date.

Answer 229

A

only 1 support order exists bw same people at 1 time, even when are in a diff stte

Answer 230

A

has control over support case until another ct takes it away.
UNIFORM INTERSTATE FAMILY SUPPORT ACT.

Answer 231

A

agreement bw 2 or more people to do or not do something. can be oral / verbal or written / on paper.

Answer 232

A

give title to property to another. make known or communicate.

Answer 233

A

in criminal case. finding of guilt either by plea or by trial.

Answer 234

A

before us, in our presence. legal paper that is used to tell ct about mistakes in facts of case.

Answer 235

A

chief atty of NYC’ law dept. law dept represents city, mayor, various govt agencies in ct, juvenile delinquency cases in family ct and admin code enforcement in criminal ct

Answer 236

A

help prove sttmt / argument w more facts or evidence

Answer 237

A

fees and charges that person paid to file ct case or enforce a judgment. statutory costs - money added to judgment in civil suit to pay for expenses

Answer 238

A

lawyer / atty.

advise / help.

Answer 239

A

each separate charge / sttmt in a case

Answer 240

A

claim made by person sued in case ag person who started case. counterclaim can be for new claim or for something connected to other side’s claims.

Answer 241

A

office where person can pay for index number and calendar number for ct case, ct papers, records of property andother official records are filed and kept.

Answer 242

A

place where cases are heard.

judge or group of judges whose job it to hear cases andcarry out justice.

Answer 243

A

official judicial officer that can hear and decide cases sent by judge

Answer 244

A

probation officer assigned to family ct. sometimes used to describe ACS case workers assigned to ct or ctroom

Answer 245

A

highest ct in NYS. 1 chief judge and 6 associate judges, each serving 14 yrs. as NY’S highest appellate ct it normally delas w big issues of law, not individual cases

Answer 246

A

ct employee in charge of security in cthouse

Answer 247

A

legal decision made by ct that says something is tobe done or not done. can be made by judge / commissioner / ct referee / magistrate

Answer 248

A

all papers filed w ct in case. summons and complaint. judgment. transcript.

Answer 249

A

someone that writes down, word for word, what is said in ct. generally use a stenographic machine / shorthand / recording device. can ask for a copy of this record

Answer 250

A

raised seal / press / stamp that prints or stamps a seal on ct papers. might say name of judicial district or consolidated city and county. can read stamp in photocopies.

Answer 251

A

trial w/o jury. judge decides case.

Answer 252

A

civil practice law and rules. NYS law that gives procedure for civil cases

Answer 253

A

person / business that is owed a debt / usually money

Answer 254

A

act that breaks a law where can be punished. crime can be a misdemeanor or felony. if found guilty, can be punished by going to jail or prison, fined or removed from office.

Answer 255

A

fee imposed by state on def who’s convicted of felony misdemeanor or violation

Answer 256

A

someone that has been convicted of felony or misdemeanor

Answer 257

A

ct case that starts bc of criminal crime

Answer 258

A

NYC agency that interviews def’s after arrest and makes recommendations about bail

Answer 259

A

criminal procedure law. set of laws that lists procedures to be followed in criminal cases in NYS

Answer 260

A

claim filed by co defendants or co plaintiffs ag each other

Answer 261

A

questioning of party / witness by other side in trial / hearing / deposition

Answer 262

A

physical / verbal / sexual / emotional abuse by 1 person ag the other, that harms a person’s physical / mental health. reason to grant divorce.

Answer 263

A

parent who takes case of child every day and has physical custody and control of child

Answer 264

A

legal or physical control of person / thing. care and control of children. type of case asking for care and control of child. same kind of case used to get visitation by parent who does not have custody. when ct puts a person in prison after he is found guilty of crime.
when ct keeps someone to make sure he appears in ct.

Answer 265

A

the rt to make major decisions affecting child.

Answer 266

A

dayto day care of child under age 18.

Answer 267

A

voluntary and confidential meeting w trained neutral person who helps parents try to agree on parenting plan for their children

Answer 268

A

ct order that says who a child will live w and who will make decisions abt health care / education / other important things

Answer 269

A

moeny that the losing side MUST pay to winning side tomake up for loss or injuries.

Answer 270

A

money to pay for actual cost of injury / loss

Answer 271

A

amt of money that is in addition to actual damages. punishment for bad acts someone does on purpose.

Answer 272

A

start again. new trial

Answer 273

A

person/ business that owes money

Answer 274

A

dead person

Answer 275

A

ct’s judgment / decree

Answer 276

A

sttmt by ct abt rts and legal relationships of parties. this order does not say anyting is to be done.

Answer 277

A

ct decision / order

Answer 278

A

to avoid going thru foreclosure, borrower voluntarily turns over deed to property to lender. in exchange, lender agrees that borrower does not owe any addtl debt, allowing him to walk away from property w/o deficiency judgment, and w/o foreclosure sale on his credit report

Answer 279

A

consider / think / judge.
treat something asif it was really something else.
paper wasdeemed filedon july 5th but was really given to clerk on july 12th.

Answer 280

A

when person hurts another person’s character / fame / reputation by making false and mean on purpose sttmts

Answer 281

A

when someone doesnt answer / go to ct / do what he is supposed to do by specific time after being properly notified . in default.

Answer 282

A

ct decision in favor of 1 side when other side doesnt answer or go to ct on ct date. in housing ct, can allow eviction of respondent

Answer 283

A

in civil case, person , corporation or organization sued by plaintiff.
in criminal case, person accused of crime.
in housing ct this person is called repsondent.

Answer 284

A

in criminal case, lawyer that represents accused person / defendant

Answer 285

A

in civil case, facts or arguments given by def to show why pl shouldnt win.
in criminal case, reasons why def shouldnt be convicted of charges.

Answer 286

A

after foreclosed propertyis sold at auction, money from sale go to lender and other lien holders.
if sale price doesnt cover amt owed, amt still owed to lender is called a deficiency

Answer 287

A

omit /leave out / remove

Answer 288

A

intentional / on purpose / planned / slow in deciding / carefully considering issues and opinions before making a decision or taking some action / consider all evidence and arguments related to case that were presented in ct

Answer 289

A

when jury goes into jury room to discuss evidence and testimony and agree on a verdict.
act of carefully considering issues and opinions before making decision or taking some action.

Answer 290

A

failure to perform duty / obligation.
person guilty of serious anti social or criminal behavior.
past due.
bill not paid on time.

Answer 291

A

in non payment proceedings.

requirement that landlord / owner ask tenant for rent before beginning proceeding.

Answer 292

A

when def says that pacts presented, even if true, are NOT enough to prove his responsibility

Answer 293

A

NYS agency which regulates residential housing / rent stabilization / rent control

Answer 294

A

NYC agency responsible for non secure and secure detention / control of juveniles whose cases are waiting for family ct or transfer to other facilities

Answer 295

A

county or city agency responsible for supervision of convicted criminal def’s

Answer 296

A

human resource administration

Answer 297

A

person supported by another.
child financially supported by another person.
in juvenile law, minor / under 18, that is in the custody of the ct bc he was abused / neglected / molested / physically dangerous to public bc of mental or phsyical condition

Answer 298

A

person who swears under oath to tell the truth

Answer 299

A

sworn testimony of witness.
taking of written / oral testimony under oath in front of authorized 3rd person like ct reporter.
usually takes place outside of ct.
= EBT - examination before trial.

Answer 300

A

E PETITION.

certain serious violent act crimes committed or allegedly committed by 13, 14, 15 yo.

Answer 301

A

act committed by person aged 13, 14, 15, which, if committed by adult, would be classified as murder / kidnaping / arson / assault / manslaughter / rape / criminal social act / robbery

Answer 302

A

written notice given by police officer to person arrested telling him to appear in ct at later date

Answer 303

A

when person is temporarily jailed until ct makes final decision

Answer 304

A

judgment / decision made by ct / admin agency

Answer 305

A

gift / transfer by will of property

Answer 306

A

person receiving property from will

Answer 307

A

part of written opinion in ct case that is related to case, but not needed to decide it. cantbe used as precedent in future cases.

Answer 308

A

when witness answers questions asked by party that brought him to testify / speak under oath

Answer 309

A

procedure that orders employer in another stte to hold support money from employee’s paycheck w/o having to go thru IV-D agency or ct system in that stte. w this order, withholding can start rt away, unless obligor doesnt agree and no ct pleadings are required.

Answer 310

A

instruction to jury by judge telling it what to decide

Answer 311

A

paying out of money

Answer 312

A

out of pocket expenses given to winner in judgment

Answer 313

A

when party who starts case decides to end it

Answer 314

A

gathering of info / facts /docs / testimony before case goes to trial . discover is done in many ways, like through depositions / interrogatories / requests for admissions.

Answer 315

A

denying person rts / privileges bc of race / color / religion / sex / sexual orientation / national origin / ancestry / source of income / age / disability / if married / if children under 18 in home.
refusal to make reasonable arrangements for person w disability

Answer 316

A

order that ends a case

Answer 317

A

when ct ends case and wont allow other case to be filed using same claim in future.
cases dismissed w prejudice can be appealed.

Answer 318

A

when ct ends a case but will still allow another suit to be started using same claim

Answer 319

A

whats left of employee’s income after making legally required deductions such as taxes. used in order to decide how much of employee’s pay will be taken for garnishment / attachment / others/

Answer 320

A

end a case

Answer 321

A

final decision in a case

Answer 322

A

hearing where judge / referee decides best way to help child whos been abused or neglected. at hearing, judge / referee may ask caseworker to help child and child’s family and may decide where child should live

Answer 323

A

when judge decides / usually voluntarily not to hear case. decision has to do w judge’s other interests that may influence if he can decide case in fair way

Answer 324

A

disagree w majority opinion bc of reasoning and / or principles of law the majority used to decide case

Answer 325

A

in divorce, when 1 party uses asset badly, like when 1 party uses property for personal benefit just to keep other spouse from having and enjoying asset

Answer 326

A

judgment that puts people in state of being single again

Answer 327

A

person who has rt to share in estate

Answer 328

A

chief prosecutor who has official duty to conduct criminal cases for public ag people accused of committing crimes. the public’s atty

Answer 329

A

change in way things usually work.
using money for unintended purpose.
program def goes to instead of going to jail. def is supervised by probation officer. when def finishes program, charges can be dismissed.

Answer 330

A

stte agency that maintains secure and non secure detention facilities of placement of juveniles. oversees certification and operation of facilities.

Answer 331

A

legal ending of marriage by ct

Answer 332

A

record w complete history of case

Answer 333

A

number that identifies ct case.
criminal ct - first 2 #s show year case was filed. third character * is a letter that shows county , last 6 numbers show specific case.
N NEW YORK MANHATTAN
K KINGS BROOKLYN
Q QUEENS 
X BRONX
R RICHMOND / STATEN ISLAND
C MIDTOWN COMMUNITY CT

Answer 334

A

domestic relations law

NYS laws used for divorce and other related marriage actions and proceedings

Answer 335

A

person’s main or permanent home

Answer 336

A

person who has his main or permanent home in particular location, like NYS

Answer 337

A

ct that hears only cases involving non violent drug offenders.
sentenced to rehab programs that are under supervision of ct

Answer 338

A

hearing to ask ct to suppress evidence.
based on idea that police got this evidence during illegal arrest.
hearing happens at same time as a MAPP/HUNTLEY/WADE hearing.

Answer 339

A

duty of govt to follow rules in legal proceedings.
USC guarantees due process.
person may not have life / liberty / property taken away w/o his day in ct

Answer 340

A

electronic filing.

system for ct to get docs over the internet rather than by mail/ fax / having them handed into ct.

Answer 341

A

what a person can expect to earn bc of person’s talent / skills / age / health / training / experience.

Answer 342

A

rt of person to use land of another person for special purpose

Answer 343

A

defense by landlord / owner saying cost of fixing violations and restoring place in an HP action is more than the place is worth

Answer 344

A

extremely bad / shocking

Answer 345

A

system for ct to get docs over internet rather than by mail / fax / having them handed into ct

Answer 346

A

electronic movement of money

Answer 347

A

use of electronic device to keep track of where sentenced person is and to limit his activities rather than put the person in jail

Answer 348

A

legal way for children to become adults before they are 18. when child is emancipated, his parents don’t have custody / control of him anymore

Answer 349

A

rt of state to take private property w/o owner’s agreement for public use after giving fair payment to owner

Answer 350

A

on the bench. ct sessions where all judges of ct participate instead of usual number.

Answer 351

A

sign your name on doc to accept or transfer its contents. check that is endorsed / signed to transfer money to a bank

Answer 352

A

copies of ct papers that are stamped to show when they were filed

Answer 353

A

take legal steps to ensure someone obeys a judgment

Answer 354

A

make someone do or not do something

Answer 355

A

acts by agents of govt to get a person to commit a crime. defense that person wouldn’t have committed a crime but the agent’s lie / encouragement made them do it

Answer 356

A

signing and filing of judgment by clerk

Answer 357

A

deal fairly and equally.
not only a fair decision based on law, but also a judgment w common sense ideas of fairness and justice.
civil suits in equity instead of in law.
usually, there can be trial by jury in law cases but not in equity cases.

Answer 358

A

they way marital property MUST be divided by law in NYS in divorce

Answer 359

A

fairness / impartiality / even handed dealings.

system of law that supplements statutory and case law and is based on principles of what is fair and right.

Answer 360

A

rt of stte to take property of someone who dies when there is no 1 to inherit it

Answer 361

A

deposit / deed / doc / money w third party / like a bank, to be held until condition is met

Answer 362

A

all property of adult / child / trust or someone who has died

Answer 363

A

stop / bar / impede

Answer 364

A

act / sttmt that keeps person from saying something opposite from what was said before.
principle that keeps person from going ag what ct said is true.

Answer 365

A

and others.

other parties not listed in formal name of ct case

Answer 366

A

and another

Answer 367

A

removal of person and his personal property from place.
ct case to remove tenant / occupant from rental unit bc he has violated rental agreement / didn’t follow notice asking him to move.

Answer 368

A

notice that sheriff / marshal gives to tenant / occupant telling him that he will be evicted by certain date

Answer 369

A

any case that may result in eviction of person who is being taken to ct

Answer 370

A

proof legally presented at trial by witnesses, records, exhibits to prove fact.

Answer 371

A

from 1 side only.

motion / sttmt made to ct by 1 party w/o notice to other side

Answer 372

A

EBT.

interrogation / interview of person outside ct before trial

Answer 373

A

perform / carry out all terms of contract / ct order.
make valid by signing doc.
kill.

Answer 374

A

legal process of enforcing a judgment usually by taking and / or selling property of person who owes

Answer 375

A

removal of occupants of place by marshal / sheriff

Answer 376

A

person named in will and apptd by ct to carry out will’s instructions and handle financial matters

Answer 377

A

official transcript of public record recognized as true copy for use as evidence

Answer 378

A

prop of person that owes money that is legally protected from being taken to pay judgment

Answer 379

A

when doc or object is used as evidence in case. doc attached to and part of other ct papers

Answer 380

A

when ct returns money / property to def or bondsman

Answer 381

A

clear of blame / relieve from responsibility.

remove lien from property, ex pay off mortgage.

Answer 382

A

person who through education / experience has skills / knowledge of subject which allows him to testify before ct

Answer 383

A

order by ct to probation dept in juvenile delinquency or PINS case to find place to keep child before final decision

Answer 384

A

force out

Answer 385

A

remove / erase.

authorized act of removing and destroying info in files / computers / other places where they may be held

Answer 386

A

doc where parent gives up his rt to child in writing in front of witnesses and in authorized agency, not ct

Answer 387

A

taking person in custody from 1 jurisdiction to another

Answer 388

A

hearing where it will be decided if charges are proven true. in fam ct fact finding hearing info or evidence is presented to show that child has been abused or neglected

Answer 389

A

arrest made with NO legal authority

Answer 390

A

family ct in NYS has the authority to hear cases involving adoption, child abuse, neglect, foster care approval , review.
hears cases about guardianship, persons in need of supervision, juvenile delinquency, child support, custody, visitation, spousal support and family offenses , orders of protection. divorce actions are heard in sup ct.

Answer 391

A

office in administration of child services that gives legal services for cases brought by commissioner of social services

Answer 392

A

proceeding in family ct saying person has been hurt / threatened / harassed / stalked by someone who is related to him by blood/ marriage / former marriage / are in intimate partner relationship / who have child together

Answer 393

A

special program to help respondents and their children get back together and stay together.
program for people who have a neglect case ag them w alcohol / substance abuse claims

Answer 394

A

chart showing fam relationships / grandfather / father / mother / cousins

Answer 395

A

person was involved w child abuse / domestic violence , and location of parent and / child that is at risk of family violence cant be revealed.
federal case registry uses this term to identify person involved in family violence case / order in another state.

Answer 396

A

free appropriate public education.

special education rts that MUST be made available to people w disabilities

Answer 397

A

federal case registry of child support.
national database of info on all people with IVD / 4D cases and people with non IVD orders that were entered / changed on or after 10/1/98.

Answer 398

A

federal employer identification number.

9 numbers given to all employers by internal revenue service. used for collecting child support from parent’s paycheck.

Answer 399

A

federal parent locator service.
helps state and local child support enforcement agencies locate alleged fathers and parents that don’t have custody of their children.
info is used to establish custody and visitation rts, establish and enforce child support payments, investigate parental kidnapping, process adoption / foster care cases.
computerized national network and database run by fed office of child support enforcement of administrator for children and families.
collects address and employer info, and info on child support cases in every state, compares them, gives this info to proper authorities in states involved.

Answer 400

A

administration for children and families

Answer 401

A

office of child support enforcement

Answer 402

A

power of federal cts to hear case if it involves fed law, such as USC , acts of congress, treaties

Answer 403

A

fed program that collects overdue child support payments from parents.
program can take parent’s fed income tax refunds or federal retirement benefits

Answer 404

A

money paid for service, like filing ct paper.

fee dispute resolution program.

Answer 405

A

permission not to pay cts filing fees.

people w very low income can ask ct to allow them to not pay the fee

Answer 406

A

serious crime that can be punished by more than 1 yr in prison.
A,B,C,D,E classes of felonies.

Answer 407

A

carries longest jail sentence

Answer 408

A

carries shortest jail sentence

Answer 409

A

full evaluation and testing.

ct ordered psychological and / or psychiatric examination

Answer 410

A

high std of care.

person who MUST use high std of care when he manages another person’s money / property, like trustee.

Answer 411

A

when person officially gives paper to ct clerk and that paper becomes part of record of case.
ct’s official record of case.

Answer 412

A

mark showing when ct got doc

Answer 413

A

when ct decides who the father of child is

Answer 414

A

money you pay ct clerk to accept / file a complaint / petition, that starts civil case, or other ct papers , like motions and answers

Answer 415

A

when youth is released from foster care and govt agency has NO legal custody or authority over him. usually happens when youth turns 21 yo / when trial discharge period ends.
youths MUST be at least 18 yo to be released, unless he is returning home.

Answer 416

A

when judge / jury says something is a fact bc of evidence

Answer 417

A

money person MUST pay as punishment for doing something illegal / for NOT doing something they were supposed to do

Answer 418

A

person’s unique finger. marks used to identify people

Answer 419

A

written record of arrested person’s prior criminal history. includes fingerprints and other biological data, commonly called rap sheet

Answer 420

A

in foreclosure case, forbearance is an agreement bw lender and borrower where borrower pays lump sum of money up front and then enters into payment plan for remainder of money owed.

Answer 421

A

forced sale to repay debt.

ct case where mortgage lender asks ct for title to property or to force a sale of property to repay debt.

Answer 422

A

investigating crime using knowledge and expertise in particular subject like science/ medicine / accounting

Answer 423

A

person on jury who tells verdict to ct

Answer 424

A

when person MUST give up money / property bc he didn’t meet legal obligation

Answer 425

A

ct or other judicial group.

rt place to bring up an issue.

Answer 426

A

care provided by authorized child care agency to child who has been taken from his home by ct order / voluntarily by a parent.
agency gives money to person / family / institution to raise someone else’s child.

Answer 427

A

agency that has a contract w NYC children legal service on NYS to give foster care services to children and yong adults.
contract agency.
provider agency.
the agency.

Answer 428

A

private home where youth live until judge or referee thinks its safe for them to return home. foster parents are the adults in the home. sometimes relatives may serve as foster parents.

Answer 429

A

intentional lie told to get a person to act in way which will harm him

Answer 430

A

when ct decides that parent doesn’t have legal rt or obligation over his children anymore and children can be adopted by others. when parent loses these rts = termination of parental rts.

Answer 431

A

person suspected of doing something wrong who runs away or tries to escape the law.

Answer 432

A

constl requirement that state MUST honor order or judgment of another’s state’s ct.

Answer 433

A

take part of person’s money / property to pay off money judgment

Answer 434

A

person who has money taken from him to pay off judgment

Answer 435

A

legal process that allows part of a person’s wages and/or assets to be taken to pay off judgment

Answer 436

A

sttmt by respondent that claims in petition are not true

Answer 437

A

conservator’s formal plan for taking care of conservatee’s personal and financial needs. this plan MUST be filed w ct within 90 days after conservator has been apptd by ct. both conservators of person and conservators of estate must prepare and file general plans.

Answer 438

A

order by ct that says an alleged father, mother, child MUST submit to certain medical testing to find out who parents are of a child born out of wedlock

Answer 439

A

good reason.

Answer 440

A

honesty of intention. no plan to lie.

Answer 441

A

group of 16-23 citizens who listen to prosecution’s evidence, then decide if there is probable cause / reason to believe a person committed crime and to charge him w that crime

Answer 442

A

legal reason to bring a case

Answer 443

A

home run by agency where youth will live w other youth. youth is owed certain rts by staff and volunteers working in group home.

Answer 444

A

person that promises to be responsible for debt of another person if that person doesn’t pay the debt on time

Answer 445

A

person appointed by the ct to care for another

Answer 446

A

ct apptd adult that represents minor child or legally incompetent person. guardian for a SPECIFIC LAWSUIT

Answer 447

A

ct proceeding where judge appts someone to care for person or to manage person’s estate / property.in fam ct it only means guardianship of the person = G PETITION.

Answer 448

A

person who does not have the same rts as tenant. someone who stays in residence for less than 30 days = example

Answer 449

A

way for measuring something based on law. ex= how much money must be paid in child support. how long criminal sentence should be.
in family law - std method for figuring out child support payments based on income of parents and other factors according to state law.

Answer 450

A

having committed crime or being responsible for crime.
decision by ct that person committed crime.
when person admits that he committed crime.

Answer 451

A

when person admits in ct that he is guilty of the crime charged in criminal complaint / info / indictment.

Answer 452

A

you have the body.
name of order used to bring a person to ct / judge to decide if that person is being denied given his freedom, ag the law.

Answer 453

A

place fit for people to live in.

rental unit that follows important building and safety code stds that affect tenants’ health and safety.

Answer 454

A

formal ct proceeding where judge and all sides are in ct.
no jury.
testimony may be given, exhibits reviewed, and/or legal arguments made to help judge decide issue in case.

Answer 455

A

sttmts by witness who didnt see/hear incident in question but heard about it from someone else.
usually cannt be used as evidence in ct.

Answer 456

A

person that inherits / receives money / property from someone who has died.

Answer 457

A

ct case started by landlord/owner to get back control of place

Answer 458

A

cell inside cthouse where prisoners are held in custody before and after their ct appearance

Answer 459

A

when electronic device is put on prisoner’s body to keep track of where prisoner goes

Answer 460

A

when person kills another person directly / indirectly - didnt try to stop it / has someone else kill for them.
homicide is NOT always a crime.
it can be excusable - result of lawful act when no hurt was intended / from act of self defense.
criminal- result of wrongful act w/o excuse / justification in law.
justifiable - result of intentional but lawful acts such as execution of death sentence by agent of the law, may also be self defense.

Answer 461

A

housing part case.

case brought in housing part of civil ct asking for repairs and for enforcement of housing stds.

Answer 462

A

NYC agency that oversees city’s public assistance programs and projects

Answer 463

A

jury that cant agree on verdict

Answer 464

A

hearing held to ask ct to not use sttmt made by def based on idea that sttmt was gotten illegally

Answer 465

A

investigation and report.
ct ordered report asking probation dept of admin of children’s service to investigate people in case and make a written report for next ct date.
investigation usually includes interviews w parties and/or children and possibly a home visit.
report may also be called ct ordered investigation.= COI

Answer 466

A

individualized education program.
designed to meet exceptional educational needs of public school students that are eligible for special education services

Answer 467

A

violation of state or local parking regulation

Answer 468

A

rt to be excused from duty / obligation / penalty

Answer 469

A

way jurors are picked and sworn in

Answer 470

A

saying testimony / story of witness is not true.
if atty can show that witness made up parts of testimony, witness is said to be impeached.
constl process used by house of rep to remove public official from office.

Answer 471

A

person added to case by def

Answer 472

A

legal rule that makes landlords keep their rental units fit for people to live in.
rental unit MUST comply w important building and housing code stds that affect tenants health and safety

Answer 473

A

seize and hold in custody of law.

used w personal property, not people.

Answer 474

A

done in support proceedings when parent is unemployed or underemployed / not working full work week / working less than usual, and the ct calculates parent’s gross income based upon past earnings or ability.

Answer 475

A

in a chamber.

in judge’s private room / in a ctroom emptied of all spectators / including jury

Answer 476

A

in manner of pauper.

permission given by ct to person to file case w/o paying fees bc person cant afford to apy them.

Answer 477

A

at beginning / outset.

motion at beginning of trial to ask that certain evidence not be heard

Answer 478

A

in own’s own person.

person represents himself w/o lawyer

Answer 479

A

in matter of / about or concerning

Answer 480

A

ag a thing. having to do w rt or title to property.

Answer 481

A

pending case that has been filed, but for some reason cant be heard by ct.

Answer 482

A

put in jail

Answer 483

A

person who for any reason cannot protect his rts even if not declared incompetent by ct

Answer 484

A

any form of periodic payment to person, regardless of source, including wages, salaries, commissions, bonuses, workers’ compensation, disability, pension, retirement program payments, interest.

Answer 485

A

order that tells employer of person who MUST pay child support to take out money from his wages to meet child support obligations. includes back money owed / arrears and fwd future payments. money goes directly to payee.

Answer 486

A

income execution order.
admin order by support collection unit / SCU that tells employer of party who MUST pay child suport / payor to deduct child support, including back money owed / arrears from person’s paycheck and send payments to SCU.
process used by sheriff / marshal to collect part of person’s income to pay off judgment.
ct order delivered / served by sheriff / marshal that tells judgement debtor’s employer to withhold earnings of judgment debtor for purpose of wage garnishment.

Answer 487

A

when automatic deductions are made from wages / income to pay debt like child supporrt.
it is often part of child support order.
can be voluntary / involuntary.

Answer 488

A

when person cant do something or cant handle own affairs

Answer 489

A

lack of legal ability to stand trial / testify

Answer 490

A

hold yourself / another person responsible for criminal actions

Answer 491

A

duty to pay for another person’s loss / damage

Answer 492

A

id # that the ct clerk’s office gives a case.

this number is on all papers filed in case.

Answer 493

A

decision by grand jury that says there is enough evidence that the def committed the crime to justify having a trial.
used mainly for felonies.
doc that contains list of charges that grand jury will vote on to decide whether there is enough reason to continue on to trial

Answer 494

A

term usually referring to person that is poor / needy / has no one to look to for support.
found by ct to be unable to afford atty or meet expense of defending criminal matter.
if def is found to be indigent, def atty may be appointed by ct.

Answer 495

A

write oral / verbal / answer of respondent on ct file

Answer 496

A

brief description of reason for suit in a case for money only

Answer 497

A

minor.

under 18 yo.

Answer 498

A

approval by judge of settlement in infant’s claim

Answer 499

A

doc charging person w crime in writing.

presented in ct by prosecuting officer under oath and doesnt come from grand jury

Answer 500

A

legal paper that makes person / business answer questions about itself / about where judgment debtor’s assets can be found.
number of debtor’s bank acct.

Answer 501

A

minor violation of law, contract, right , that is NOT a misdemeanor / felony and CANNOT be punished by time in prison.

Answer 502

A

stte or county ct / admin agency, that sends a request for action to another jurisdiction in interstate child support cases

Answer 503

A

ct order telling person to do or not something

Answer 504

A

free from legal fault.

not guilty of criminal charges by ct.

Answer 505

A

legal process to decide case where only one side is present to testify

Answer 506

A

weekly / monthly / other periodic payments on debt

Answer 507

A

instructions judge gives to jury just before it starts to deliberate, telling jury what laws apply to that case

Answer 508

A

in family ct, first ct proceeding where petition is read and charges / demands are explained

Answer 509

A

among other things

Answer 510

A

special ct where judge hears all parts of family’s case about domestic violence

Answer 511

A

bw the living.

trust made by person while he is alive.

Answer 512

A

when non wage payments/ like federal income tax refunds, state income tax refunds, unemployment benefits, disability benefits, made to parent that owes support are taken and given to parent who gets support

Answer 513

A

ct order that is conditional / temporary / not final

Answer 514

A

when 2 / more people have a claim to the same thing held by 3 rd party.
3rd party may force them to go to trial w each other to settle their dispute.

Answer 515

A

person that is certified as being able to translate / orally / in writing / spoken / sign language to ct

Answer 516

A

written questions sent by 1 side in the case to other side as part of pretrial discovery/investigation.
side that receives interrogatories MUST answer them in writing under oath

Answer 517

A

in child support - cases where child and parent owes support live in 2 diff states
OR
where 2 or more states are involved in some case activity, such as enforcement

Answer 518

A

die without making a will

Answer 519

A

detailed list of property

Answer 520

A

in foreclosure case, bank may sell mortgage to investor and investor may decide what type of alternatives to foreclosure to offer when borrower applies for mortgage assistance.
LOSS MITIGATION

Answer 521

A

when relationship is impossible to fix for at least 6 months.
ground for NO FAULT divorce.

Answer 522

A

what is being argued in lawsuit.
sent out officially, as when ct sends out an order.
relatives from same ancestor, including adopted children.

Answer 523

A

child support case where custodial parent and children get public assistance benefits under state’s IV-A program.
the progarm is funded under title iva of SOCIAL SECURITY ACT.
applicants for IVA assistance are sent to their state IVD agency so they can identify and locate noncustodial parent, prove paternity and /or a child support order, and/ or get child support payments.
lets state get back some or all of public assitance money from noncustodial parent.

Answer 524

A

title IVD of SOCIAL SECURITY ACT, that says each state must create program to find noncustodial parents, prove paternity, establish and enforce child support obligations and collect and distribute suport payments.
any person taht gets public assitance / TANF, is sent to state IVD child support program.
states MUST accept applicaitons from families that dont get public assistance, if requested, to help collect child support.

Answer 525

A

child support case where state pays benefits / services under title IVE of SOCIAL SECURITY ACT to person / family institution that is raising children not their own.
as w other public assitnace cases, people that get public assistance are sent ot their state IVD program in order to identify and find noncustodial parent, prove paternity , and/ or child support order , and/or obtain child support payments.
allows state to get back some or all of public assistance payments from the noncustodial parent.

Answer 526

A

title IVE of SOCIAL SECURITY ACT, which established federal - state foster care program that gives financial support to a person, family, institution that is raising a child / children not their own.

Answer 527

A

place where people are held after arrest

Answer 528

A

risk of conviction and punishment at a trial

Answer 529

A

bringing together parties or claims in a case.

ex - when new people become parties in a case or new claims are added

Answer 530

A

sharing of responsibilities for care of child by both parents

Answer 531

A

ct order that lets either or both parents to make decisions about child’s health, education, and well being

Answer 532

A

ct order that says a child is to spend about same amt of time living w each parent

Answer 533

A

when 2 or more cases that have same facts or issues of law are tried together. even when theyre heard together, cases and judgments remain separate.

Answer 534

A

person w authority to decide legal matters in ct

Answer 535

A

final decision of judge saying which party has won case and terms of decision.
order of ct that decides a dispute.
official written outcome / finding of judge / admin agency hearing officer about rts and claims of someone in an action.

Answer 536

A

party - pl or def who has won money in ct case

Answer 537

A

party who has lost case and must pay money

Answer 538

A

after judge made decision, request to clerk for judgment w list of fees to be repaid and copies of papers and receipts.
on appeal, it is the collection of papers filed by clerk when judgment is entered.
includes every part of the case, summons, motion papers etc.

Answer 539

A

legal.

having to do w ct / judgment.

Answer 540

A

state is divided into geographical areas called judicial districts.
NYS has 13.
in fed ct, these geographical areas are called judicial circuits.

Answer 541

A

JHO.

retired judge who still hears and decides cases

Answer 542

A

judges
referees
commissioners
- making decision

Answer 543

A

in surrogate’s ct.

ct proceeding where judge reviews and approves acct filed by fiduciary / responsible manager of an estate

Answer 544

A

AS PETITION.
when child is given to authorized agency for adoption.
MUST be sworn to in front of judge of family / surrogate’s ct.

Answer 545

A

to swear .

sttmt at end of affidavit saying when / where / before whom / who saw/ affidavit was sworn to.

Answer 546

A

authority of ct to hear and decide case.
geographic area ct has authority over to decide cases.
area, subject matter, persons a ct has power over

Answer 547

A

maximum amt of money ct can give.

small claims - 5K

Answer 548

A

study of law and structure of legal system

Answer 549

A

person selected to be on jury

Answer 550

A

group of citizens picked to decide case.

Answer 551

A

group who decides if seems reasonable - probable cause exists - that crime has taken place and indictment should happen

Answer 552

A

group that cannot agree on verdict

Answer 553

A

local official responsible for giving ct lists of qualified potential jurors

Answer 554

A

paper filed by 1 side in case asking for jury.

requires payment of fee.

Answer 555

A

guidelines given by judge at beginning and end of trial that explain what law in case is and how jurors should look at the evidence

Answer 556

A

group of people from lists of 
registered voters
licensed drivers
state taxpayers
local taxpayers
people receiving public assistance
people receiving unemployment benefits
who can then be picked to sit on a jury

Answer 557

A

proceeding where parties give facts and law to jury for decision

Answer 558

A

legal reason

burden put on a person to show why request should be granted. good cause.

Answer 559

A

person younger than legal age of adulthood - 18 yo, in some cases 21 yo

Answer 560

A

D PETITION
person over 7, less than 16, who commits act that would be crime if adult did it.
16 yo committing misdemeanor after 09/30/2018, is also a juvenile delinquent.
person receiving supervision / confinement / treatment.

Answer 561

A

for ore serious crimes, 13 / 14 / 15 yo may be treated as such.
13 / 14 / 15 yo charged w 2nd deg murder.
14 / 15 yo charged w violent felonies listed in criminal code.

Answer 562

A

office of legal aid society that gives legal representation.

atty for child / law guardian to children in fam ct cases.

Answer 563

A

foster care placement w fam member

Answer 564

A

type of a defense.
claim by 1 side in case that his defense has been made weaker bc other side waited too long for no good reason in starting the case

Answer 565

A

owner.
lessor.
rents out real property to tenant - lessee

Answer 566

A

atty appointed by ct to represent child in contested custody matters .
atty for the child.

Answer 567

A

ct case started by pl claiming that def failed to perform a legal duty causing harm to pl.
legal disagreement given to ct to decide.

Answer 568

A

person w license to represent c’s in ct of law and advise them on legal matters

Answer 569

A

LFC
group of attys and certified social workers that help children.
acts as atty for children in foster care review and ending of paternal rights cases to protect and fight for child’s best interests and wishes

Answer 570

A

agreement for renting property, such as land / apt / car.
lease is usually on paper and covers specific amt of time , such as 1 year. rental agreement for place where you live - apt / house, can be written agreement or verbal agreement bw landlord and tenant.
give the rt to have / use property - real or personal, temporarily for rent.

Answer 571

A

LRE
when possible, special education students MUST be placed in regular classrooms w non disabled students while still having their special educational needs met

Answer 572

A

opinion as to how law works in specific case

Answer 573

A

organizations that give free legal advice / representation / other legal services to low income people

Answer 574

A

LAS

NYC agency that gives legal representation in many areas of law

Answer 575

A

having rt and responsibility to make decisions about child’s health / education / well being.
2 types of legal custody orders.
joint legal custody
sole / parent only legal custody

Answer 576

A

written and signed agreement bw spouses where they live apart from each other while REMAINING married.
formal agreement is filed when filing for divorce.

Answer 577

A

person supposed to receive personal property under will

Answer 578

A

person who rents real / personal property and has a lease

Answer 579

A

person who gives rt to use his property in a lease

Answer 580

A

doc made by ct appting person or corp as fiduciary

Answer 581

A

ct paper that allows person called conservator to act for another person

Answer 582

A

sheriff / marshal enforces judgment by taking property, ex- money , car, house.
force tax / fine on someone

Answer 583

A

sheriff / marshal that is given the power to take / tax / fine judgement debtor’s property

Answer 584

A

person’s responsibility to do/ not to something.

person’s responsibility for causing injury.

Answer 585

A

false and malicious / lies written / published material that is defamatory / insulting and hurts a person’s reputation

Answer 586

A

book used for keeping record of specific documents / events having legal effect

Answer 587

A

permission to do something that without permission is illegal

Answer 588

A

someone given permission to stay in home without paying rent

Answer 589

A

claim on property, such as house / bank acct , for payment of debt

Answer 590

A

arrangement w lawyer to get help on some parts of case for set fee / limited fees
unbundled legal services
unbundling

Answer 591

A

pending suit.
jurisdiction of ct over prop till final decision of case.
notice filed ag public records warning public that title to property is in litigation - in ct, NOT final

Answer 592

A

parties / sides involved in ct case

Answer 593

A

take part in ct case

Answer 594

A

ct case / lawsuit

people involved in lawsuits - pl’s and def’s= litigants

Answer 595

A

child support enforcement agency

Answer 596

A

when landlord locks tenant out of rental unit w/o permission of ct
lockouts and ALL other self help evictions are illegal

Answer 597

A

person who lives in room in another’s house.

owner can enter all areas occupied by lodger and has control of house

Answer 598

A

legal provision letting a state claim personal jurisdiction / legal control over someone who lives in another state.
MUST be some connection bw person and state that wants jurisdiction legally do this

Answer 599

A

when lender and borrower who is behind on his mortgage attempt to negotiate deal that is good for both parties.
loan modification
forbearance
short sale
deed in lieu of foreclosure
this may help borrower stay in home or may help lower amt of judgment ag borrower

Answer 600

A

person w power to issue arrest warrants and find if there is reason to suspect someone of crime / probable cause , at preliminary hearing

Answer 601

A

cripple / damage in any way
injure person in way that keeps him from use of any limb / other part of his body
to seriously wound / disfigure / disable

Answer 602

A

in divorce cases- financial support given by 1 person to another.
general repair and care of property to keep it up correctly

Answer 603

A

bad behavior, doing something wrong / ag the law

especially when done by public official

Answer 604

A

desire or intention to do bad act based on hatred / total disregard for other person’s well being

Answer 605

A

act of negligence / incompetence by professional - doctor / lawyer

Answer 606

A

required / ordered / no choice

Answer 607

A

fee that def MUST pay when he has been convicted of offense.

separate from fine that ct may have charged.

Answer 608

A

assessment where individual education program team figures out if special education student’s bad behavior that normally could result in being expelled is, really a direct result of that student’s disability and is not a reason to expel student from school

Answer 609

A

hearing held to ask ct to not use physical evidence based on idea that evidence was obtained during illegal search

Answer 610

A

when someone kills a person, but didnt mean to do it

Answer 611

A

any property that either person got from beginning of marriage to divorce.
house
car
IRA
bank acct
pension 
annuity
business
advanced degrees

Answer 612

A

inheritance
gift from someone who is NOT the spouse
compensation for personal injuries

Answer 613

A

in divorce / legal separation / annulment, judgment will often include this.
contract in writing bw parties that explains how issues in case will be handled.
usually happens when there are complicated issues of property / debt / support / custody, that need to be worked out in judgment

Answer 614

A

peace officer that has the power to arrest, serve subpoenas / legal papers , act as bailiff in ctroom.
person licensed by city to enforce judgement of ct

Answer 615

A

notice from marshal telling person that he will be acting on judgment.
landlord tenant ct - called notice of eviction.
tells person that he will be evicted after few days

Answer 616

A

person who judge decided can speak / testify on some issue. extremely important to a case, expecially if others cant give same testimony

Answer 617

A

unlawfully and violently depriving person from use of part of his body especially to keep a person from being able to defend himself.
violent destruction / rowdy activity

Answer 618

A

process where neutral person/s called mediator/s, help people who have a disagreement reach an agreement.
doesnt act as judge, but helps parties talk so they can come to their own decision together

Answer 619

A

child support where medical / dental insurance coverage is paid by parent.
depending on ct order , medical support can be that parent’s only financial obligation to child.

Answer 620

A

NYC DEPT OF HEALTH and MENTAL HYGIENE, division of mental hygiene services, is responsible for managing contracts and providers having to do w mental health services for adults / adolescents / children

Answer 621

A

neighborhood based arraignment ct dealing w low level quality of life offenses - public urination / bike violations / littering

Answer 622

A

special calendar delaying case bc party / witness is in military service

Answer 623

A

person under 18 yo.

Answer 624

A

official / permanent record of ct proceeding telling what happened in case.
names of witnesses
motions
findings

Answer 625

A

rule that comes from us sup ct case that says when person is arrested / questioned by police , he must first be told about certain rts ag self incrimination / saying something that makes it sound like he is guilty

Answer 626

A

crime that has penalty of at least 15 days but not more than 1 yr in prison

Answer 627

A

lawful act done in wrongful way

Answer 628

A

trial that ends w no decision

Answer 629

A

make something less severe

Answer 630

A

change / alter

Answer 631

A

amt of money awarded by ct to person as payment for damages / losses or injuries suffered

Answer 632

A

not relevant.
of no practical importance.
moot point - issue not decided by judge bc not argued about by either side, or it will be resolved out of ct

Answer 633

A

lien ag property given to back up obligation, like debt.
if debt is paid, lien ends.
agreement where 1 loans money to another so he can buy property, and if loan is not repaid on time, lender can take property.

Answer 634

A

person who gives money to another to buy property.

person is also called the lender

Answer 635

A

person who gets money to buy property.

person is also called the borrower.

Answer 636

A

verbal / written request made by party to ct to ask for something specific

Answer 637

A

proceeding to ask judge to do or not do something

Answer 638

A

order that gives what amotion asked for

Answer 639

A

written request to ct asking for case to be thrown out.

granted - ends case

Answer 640

A

request to a judge to talk about an issue in a case again

Answer 641

A

request to judge to reconsider his decision based on new proof/ addtl proof not used the first time around

Answer 642

A

party who makes / starts a motion

Answer 643

A

person asking ct to do / not do something by making a motion

Answer 644

A

bldg that has three / more families living separately

Answer 645

A

MSFIDM
process that checks parent’s finances in diff stts when that parent owes child support.
stts give info on parents that owe support to office of child support enforcement OCSE.
state can then put a lien on and take all or part of an acct.

Answer 646

A

killing of a prson byha person who planned / intended it - malice aforethought.
this mental state can either be said / suggested by actions / words

Answer 647

A

it does not follow.

conclusion that does NOT follow / make sense bc of what came before it

Answer 648

A

not doing an act that you have a legal duty to do

Answer 649

A

ct case started by landlord / owner to collect unpaid rent and if rent is NOT paid, to evict the tenant

Answer 650

A

to say that everything in a doc is true by signing it in front of a notary public who also signs it

Answer 651

A

person who can take oaths, certify that certain docs are true and take depositions = testimony outside of a ctroom

Answer 652

A

form filed w ct to tell ct that all docs are ready for ct’s review or that case is ready for trial

Answer 653

A

written announcement / warning.

legal paper telling other side about something in a case.

Answer 654

A

paper telling all parties and higher ct that 1 party wants highter ct to change lower ct’s decision

Answer 655

A

paper to be filed w city / city agency before person can sue it.MUST be filed w/in 90 days of injury and explain reason for case

Answer 656

A

paper by 1 side telling other side but judge’s decision in case

Answer 657

A

paper from sheriff / marshal / constable saying eviction will take place in number of days

Answer 658

A

paper telling ct and other side when motion will be heard. says what is being asked for and why

Answer 659

A

paper telling other side when and where ct will hear case. served w petition

Answer 660

A

marriage that is understood to be void either by law / ct order.
marriage bw brother and sister = nullity by law

Answer 661

A

now for then.

the order allows something that happened on 1 date to be counted as having happened on an earlier date.

Answer 662

A

ny state courts electronic filing.

computer program that allows filing of delivery of legal papers over the internet in some counties / cts / case types

Answer 663

A

when person swears / affirms that what he is saying is true.

in surrogate’s ct, oath and designation allows chief clerk to receive order from surrogate.

Answer 664

A

when 1 side asks ct to NOT allow evidence /testimony by other side to count in a case

Answer 665

A

written objections to order that was made by support magistrate. review of objection MUST be made by judge

Answer 666

A

legal / moral duty to do or not do something. formal agreement to pay certain amt of money / do something for someone.

Answer 667

A

person who gets benefit - money /action of an obligation

Answer 668

A

person taht MUST perfor duty / pay an obligation

Answer 669

A

comments made in a case but NOT counted as part of the record

Answer 670

A

act that violates / breaks the law and the ct can sentence a person to jail / pay fine . offense includes:
felony.
misdemeanor.
violation.

Answer 671

A

suggestion for agreement made by 1 side.

if other side accepts, it will create contract.

Answer 672

A

office of child support enforcement.
federal agency responsible for administering national child support program.
division of administration of children’s services, gives those w custody help in getting support / financial / medical / establish paternity / support obligations / enforces ct orders

Answer 673

A

office of children and family services.

NYS agency handling placement of minors in institutions after juvenile delinquency findings

Answer 674

A

office of temporary and disability assistance.

NYS agency responsible for supervising child support actions statewide

Answer 675

A

amt / claim that balances for something else.
amt of money taken from parent’s state / federal income tax refund before he gets it or from admin payment like federal retirement benefits, to pay child support debt

Answer 676

A

in trial, first time each side speaks in front of ct

Answer 677

A

written explanation by ct abt decision in case.
in appeal when tehres more than 1 judge, decision is called majority decision.
only majority opinion can be used as binding precedent for future cases.

Answer 678

A

after judgment is made in small claims ct, this is a paper filed by creditor ag debtor’s claim that certain money is exempt from collection - money cant be taken .
=notice of opposition to claim of exemption.

Answer 679

A

in trial, when lawyers speak to support argument/ answer judge’s questions

Answer 680

A

spoken / written command or direction from judge

Answer 681

A

order by ct saying man is biological father of child. usually done after person files paternity petition.

Answer 682

A

ct order telling 1 person to stop certain conduct, like harassment, ag the other.
order may also tell person to stay away from other person,his home / school / work / children.
usually person who starts the case - complainant , asks for order and other person - def, MUST do what order says.

Answer 683

A

order of support.

order directing payments of child support / spousal - husband / wife support or both

Answer 684

A

order putting back into place support payments that had been stopped by ct

Answer 685

A

decision by ct that temporarily stops payments of support

Answer 686

A

decision by ct that ends payments of support

Answer 687

A

order that says that person who has custody of child MUST allow non custodial parent or other person to visit child on specific dates / times

Answer 688

A

ct order telling judgment debtor to appear at a date/ time /place to answer questions about his property and income

Answer 689

A

order telling party to fix 1 / more violations

Answer 690

A

order to produce.

order telling state / city commissioner of corrections to bring inmate for ct appearance

Answer 691

A

order to show cause.
written request to ct to ask for something.
used to bring something in ct’s attention quickly and can be used to ask ct to stop what is happening until ct date.
way to make a motion.

Answer 692

A

regulation / law made by local govt to enforce / control / limit certain activities

Answer 693

A

undo / avoid a decision

Answer 694

A

own recognizance.

when person is released from custody and is NOT made to pay bail bc of his promise to come to answer criminal charge

Answer 695

A

money ct orders someone to pay to person he lived w but did not marry

Answer 696

A

group of people.
in appellate ct cases - group of judges, usually 3 , that decide the case.
in jury selection - group of potential jurors.
list of attys that are available and qualified to be apptd by ct to represent criminal def’s that cannot afford their own lawyers.

Answer 697

A

petitionfor admin review.

appeal to DHCR to review its decision.

Answer 698

A

package.
plot of land.
divide and give out something.

Answer 699

A

verdict where jury finds def guilty or NOT guilty on some charges but CANNOT come to a group decision on other charges

Answer 700

A

when chief executive of state or country sets free convicted person from punishment given to him by ct sentence

Answer 701

A

being child’s parent.
related in direct blood line.
lineage.

Answer 702

A

classes that help parents focus on needs of their children and give parents info to provide a healthy non threatening home environment.
sometimes ct can order 1 or both parents to go to parenting classes so they can learn to communicate better about their children’s needs

Answer 703

A

cutody / visitation agreement that says when child willbe w each parent and how decisions are to be made.
parenting plan may be developed by parents, through mediation, w help of lawyers / by judge after trial / hearing

Answer 704

A

release of person from prison before end of his sentence.

requires supervision of person and says what he can / cannot do for certain amt of time.

Answer 705

A

ctroom for specific type of case

Answer 706

A

1 of sides in ct case.
parties are usually called pl / petitioner and def / respondent.
on appeal - appellant / appellee

Answer 707

A

keeps person from getting passport when he owes 5k / more in child support.
fed office of child supp enforcement sends this info to US DOS to NOT allow a passport to be given out for that person

Answer 708

A

decision by ct saying who is / is NOT father of child.

legal determination of fatherhood

Answer 709

A

ct case asking if man is biological father of child

Answer 710

A

lawsuit to decide who fatehr of child is if parents were NOT married when child was born

Answer 711

A

person / organization who receives money

Answer 712

A

person / organization that pays money

Answer 713

A

portable document format.

file format that makes it possible to display words / pictures so that they look same on any computer screen

Answer 714

A

amt on money added to a fine

Answer 715

A

state’s criminal law which lists all offenses and their possible punishments

Answer 716

A

punishment for breaking law

Answer 717

A

while action is pending.

any orders made during the case

Answer 718

A

what a case is called when has NOT been decided

Answer 719

A

way to give out property of estate so that each beneficiary gets equal share

Answer 720

A

way to give out property of estate when beneficiary DIES and his descendants take share

Answer 721

A

when side in case asks ct to get rid of potential juror .
can disqualify person from serving on jury.
does NOT need explanation.

Answer 722

A

after filing notice of appeal, steps to make case ready for judge.
may include getting transcript of trial, writing and serving brief , getting case on ct calendar.

Answer 723

A

false sttmt made on purpose / lie while under oath

Answer 724

A

ct action taht gives dependent child permanent place to live- adoption / guardianship

Answer 725

A

plan by foster care agency to get best permanent living arrangement for young person in foster care. list of possible permanency planning goals includes-
return to parent.
adoption.
custody / guardianship.
placement w relative.
another planning permanent living arrangement. - APPLA / independent living / adult residential care

Answer 726

A

when parties go in front of judge in case involving child in foster care to make schedule for return of child to his home / other permanency plans / including adoption.
youth over 10 yo have rt to attend own permanency planning hearing

Answer 727

A

reason for losing parental rts.
claim by agency responsible for child in foster care that says child’s parents havent kept in contact and havent planned for child’s future.

Answer 728

A

person convicted of violent felony after having been previously convicted of 2 / more violent felonies in past 10 yrs

Answer 729

A

person in need of supervision.
family ct case where parent / guardian asks for cts help in supervising person under 18 yo.
youth hasnt committed crime, but his behavior is beyond the lawful control of his parent / guardian=
skipping school / refusing to come home by curfew / underage drinking / acting out in way that is dangerous or out of control and often disobeying parents / guardians / other authorities

Answer 730

A

giving ct papers to person in his hand

Answer 731

A

civil case asking for damages/ money for physical injury to people and/or property, / for wrongful death

Answer 732

A

power of ct over person.

different from power of ct over def’s property.

Answer 733

A

can be made in 3 ways.
delivering paper to person in his hand / personal delivery.
handing papers to responsible person to give to person being served and mailing copies to person being served / substituted delivery.
after 2 or 3 attempts, leave copy on door - in landlord tenant - also under door, mail copies to person being served / conspicuous delivery.

Answer 734

A

person / entity w rt to share in estate.

husband / wife NOT named in will.

Answer 735

A

group of citizens that listen to evidence presented by both sides at trial and figures out facts

Answer 736

A

paper sworn to that asks ct to start case called summary / special proceeding.
works same as complaint in civil case.

Answer 737

A

person / agency that starts proceeding or brings appeal to higher ct

Answer 738

A

minor violation of law / traffic infraction

Answer 739

A

fam ct, where children live, who takes care of them, how much time they spend w each parent.
primary / sole.
joint / shared.

Answer 740

A

ct sends person to facility or any supervisory / care / treatment program

Answer 741

A

party that starts civil case

Answer 742

A

in criminal case, def’s answer to charges .
guilty.
NOT guilty.

Answer 743

A

negotiation bw prosecuting atty and person accused of crime / that person’s lawyer, to trade guilty plea for conviction of smaller charge, if ct approves.
agreement made after negotiation.

Answer 744

A

def admits to what he has been charged with

Answer 745

A

written sttmt given to ct describing party’s claims abt case and what party wants from ct

Answer 746

A

in civil case, group of papers made up of complaint / petition, answer , reply

Answer 747

A

full/ complete / entire.
meeting attended by all members.
ct case deciding all issues.

Answer 748

A

at end of trial, when jurors are asked individually if they agree w final verdict in case they just decided

Answer 749

A

when person asks ct to be allowed to not pay ct fees bc he doesnt have $.
fee waiver.

Answer 750

A

order stopping all costs / fees in case for poor person

Answer 751

A

when person has control of place / thing

Answer 752

A

order from ct giving control of item / place / space

Answer 753

A

prefix meaning after / post trial .
put up or get publicity for something in public place to bring it to public’s attn - post notice of sale; make payment / deposit; put in mail.

Answer 754

A

human being / person, not corp

Answer 755

A

failure to pay attn to person / thing accidentally / on purpose.
fam ct.

Answer 756

A

failure to do something reasonable person would ordinarily do in similar situation that can cause harm

Answer 757

A

when person / s not involved in case hears written and verbal info, then considers each side’s info and evidence and tells parties the likely ct outcomes in the case

Answer 758

A

program that makes all employers report newly hired employees to stte directory of new hires in their state.
this info is given to national directory of new hires and is compared ag child support order info in federal case registry for possible wage garnishment to pay child support

Answer 759

A

administration of children’s service.
nyc child welfare agency that investigates reports of child abuse and neglect.
ensures safety and well being of children

Answer 760

A

support agency that holds fingerprints and other arrest info in its database - computerized criminal history

Answer 761

A

nys agency responsible for keeping all reports of alleged child abuse and bad treatment

Answer 762

A

decision by grand jury to NOT indict a person

Answer 763

A

i do not wish to contend; no contest / argument ; type of criminal ct plea / response that has same effect as guilty plea, but may NOT be understood as admitting guilt for any otehr purpose.
person might plead nolo contendre and pay fine / serve jail time, but if he is sued in civil case later, other side will still have to prove that person is responsible

Answer 764

A

parent that doesnt live child and doesnt have primary care or control of child

Answer 765

A

child born to parents who arent married

Answer 766

A

doc that says one person can legally act for anotehr

Answer 767

A

in front of / before / pre trial hearing

Answer 768

A

money person may have to pay to be released from custody after arrest but before arriagnment

Answer 769

A

another case w similar issues of law and facts that is used as ex for current case. judges will generally follow precedent unless 1 of parties can show that other case was decided incorrectly or was diff in some important way

Answer 770

A

prevent.

stop

Answer 771

A

person convicted of felony after having been previously convicted of felony w/in past10 yrs

Answer 772

A

paper that needs to be served before starting some cases in ct.
ex landlord / tenant.
rent demand

Answer 773

A

anything that needs to be done before main matter / business. preliminary injunction comes before permanent injunction

Answer 774

A

guidelines abt trial procedure given to jury by judge at start of trial

Answer 775

A

proceeding to find out if there is enough reason for person to be held responsible for criminal charge

Answer 776

A

person who acts as estate’s administrator before will is probated

Answer 777

A

report made by probation dept for judge when sentencing def.
tells abt def’s bkgrnd, financial, job, family status, community ties, criminal history, facts of current offense.
MUST be done in felony cases and can be asked for in misdemeanor cases

Answer 778

A

judge sitting on bench in ctroom.

administrator of ct’s business.

Answer 779

A

meeting of judge and both sides to talk abt trial, what will be presented to jury, evidence, witnesses, set trial schedule.
judge and parties can talk about settling case.

Answer 780

A

in criminal ct, request by either side to do something in case before going to trial.
made w/in 45 days of arraignment.

Answer 781

A

local agency that puts together report abt criminal def’s bkgrnd so judge can decide to release / not from custody before trial

Answer 782

A

community based agency that helps families by giving support to keep youth at home / keep youth from entering foster care.
family therapy, after school programs, parenting programs, day treatment programs

Answer 783

A

at first sight.
prima facie case = 1 side gives enough evidence to let judge make decision in his favor.
no other info needed.
unless other side can show something diff, he will win.

Answer 784

A

when child lives w 1 parent more than 50% of the time

Answer 785

A

landlord tenant cases.

home where tenant lives for specific # of days per year.

Answer 786

A

before.

previous convictions.

Answer 787

A

place where people who are convicted of a crime are held

Answer 788

A

advantage that NOT all people have.

special rt that lets person be free from prosecution or other lawsuits.

Answer 789

A

rules that let communication- conversations, emails, letters, bw people in relationships to stay private- atty/client, doctor/patience, spouse/ spouse.

Answer 790

A

for the good.

legal work done for free.

Answer 791

A

for this occasion / particular purpose.

permission given to lawyer to try case in state where he is NOT licensed to practice law.

Answer 792

A

on one’s own behalf.

person who represents himself w/o atty.

Answer 793

A

for time bgeing.

referee / commissioner that temporarily replaces judge

Answer 794

A

good reason to suspect person has committed / is committing crime.
more than bare suspicion but less than evidence.

Answer 795

A

ct case that decides if will is genuine / real.

case is started after person who leaves will dies and lets executor manage estate

Answer 796

A

dept of each county’s surrogate’s ct that deals w probate, conservatorships, guardianships and estates of people that have died

Answer 797

A

when person is set free by judge as long as he does or does NOT do certain things.
gets job,doesn’t get arrested.
dept of ct that prepares presentence report.

Answer 798

A

sttmt from district atty accusing someone of offenses, none of which is a felony and is filedin city / county criminal ct

Answer 799

A

officers of probation dept of ct.
his duties include conducting pre sentence investigations, prepareing pre sentence reports on convicted defs, supervising defs who are out of jail on probation, to ensure they are doing what they are supposed to do

Answer 800

A

rules that control a ct case.
rules that say how to begin a case, serve papers, enter evidence into ct.
rules of civil procedure.
rules of criminal procedure.
rules of evidence procedure.
rules of bankruptcy procedure.
rules of appellate procedure.

Answer 801

A

all events in a case.

specific part of a case- motion / hearing.

Answer 802

A

conducting ct business

Answer 803

A

legal steps used by ct to notify parties and get power - jurisdictionover them.

Answer 804

A

person licensed to give ct papers to party in lawsuit

Answer 805

A

list that tells ct names of people in custody that have hearings that day

Answer 806

A

written doc that says that person promises to pay money to another

Answer 807

A

announce judgment in formal way.

stte judgment in case

Answer 808

A

evidence used to prove truth of fact in case

Answer 809

A

papers filed as proof that person was served.

affidavits of service, mailing receipts

Answer 810

A

anything that can be owned.
types-
personal prop- bank acct, cash, furniture, clothing.
real property- land, buildings on land.

Answer 811

A

person who starts probate proceeding

Answer 812

A

start and move on w legal case.

start and pursue criminal case ag person.

Answer 813

A

public officer representing govt in criminal cases.

district atty / asstnt district atty / people / prosecution

Answer 814

A

cause legally strong enough to result in liability.
directly produces event.
without it, event would not have happened

Answer 815

A

benefits.
money.
food stamps.
given by govt to help people /families in need.

Answer 816

A

lawyer apptd by ct to represent def in criminal case that CANNOT afford to hire lawyer

Answer 817

A

crime.
offense that can be punishedunder criminal law.
diff from private or civil case that violates civil laws - ex - when contract not being followed.

Answer 818

A

govt paper that can be seen by public

Answer 819

A

remove.

apologize for NOT following judge’s order and obey it.

Answer 820

A

person said to be father of child before being medically / legally proven to be father

Answer 821

A

qualified domestic relations order.
order / judgment made by ct and approved by pension plan, divides pension plan in order to make fair division of property / pay for child / spousal support

Answer 822

A

qualified medical child support order.
order / judgement that gives medical support for child of parent covered by group health plan / gives health benefit coverage for child.

Answer 823

A

stop.
vacate.
annul.
set aside.
ex - quash subpoena, meaning ct wont enforce subpoena bc its been voided

Answer 824

A

this for that.

what person gets in return for something hes given or promises to give

Answer 825

A

rt to use place w/o interference

Answer 826

A

case where ct decides who owns/ has title to property.

this declares certain person is legal owner of real property in dispute.

Answer 827

A

deed for real property which does NOT guarantee full ownership

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NY BAR REVIEW LAW DICTIONARY Flashcards

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