NY BAR REVIEW LAW DICTIONARY Flashcards
1
Q
adjournment in contemplation of dismissal
A
decision to put off trial for certain amount of time, usually 6 mths. if conditions are met, case is dropped.
2
Q
adjudicate
A
judge hears case and decides it
3
Q
adjudication
A
judge’s decision in case.
process of deciding case
4
Q
administration
A
mgt/officials at highest level of govt/business.
surrogate’s ct- proceeding handling estate of person that died without will/intestate
5
Q
administrative procedure
A
way govt agency makes and enforces rules and orders without going to ct to do it
6
Q
administrator
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.
7
Q
admissible evidence
A
sttmt, papers, other things that can legally be used in ct to prove a fact
8
Q
admission
A
sttmt by 1 side in case that helps other side
9
Q
admonish
A
warn/scold.
advise.
10
Q
admonition to jury
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.
11
Q
adoption
A
legal placement of child w new parents
12
Q
alternative dispute resolution
A
way of helping people decide legal problems without trial.
mediation.
arbitration.
13
Q
adultery
A
husband/wife has sexual act with someone who is not his/her husband/wife without permission.
reason to grant divorce.
14
Q
adversary
A
opponent.
person on other side of case.
15
Q
adversary system
A
ct procedure in U.S. and some other countries.
trial practice.
gives each side chance to say his position in ct.
16
Q
adverse witness
A
person called to testify for other side
17
Q
affiant
A
person who prepares and signs an affidavit/legal paper
18
Q
affidavit
A
written sttmt sworn to in front of someone legally authorized, like a notary public
19
Q
affidavit of service
A
paper signed by someone NOT involved in case saying papers were given/served to another person who is named on papers
20
Q
affirm
A
say that something is true/correct.
when higher court decides that lower ct ruling is right.
21
Q
affinity
A
relationship of person to his/her spouse’s family. related by marriage.
22
Q
affirmation
A
formal declaration that sttmt is true.
23
Q
perjury
A
to lie.
can be punished.
24
Q
affirmative defense
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.
25
aftercare
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.
26
agent
someone that has permission to act for another/ representative
27
aging out
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.
28
agreement
understanding bw 2/more people about their rights and duties to each other
29
18B atty
atty given to person by court
30
abandonment
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.
31
abrogate
drop an old law by using another law or constitutional power.
32
absent w/o leave from foster care
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.
33
abstract of judgment
short version of cts final decision. lots of words left out.
34
abstract
short version / summary of legal document. lots of words left out.
35
accessory
person who gives help to person who commits a crime w/o directly committing it himself
36
accomplice
person who commits crime w another person
37
accounting
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.
38
accrual
total amt of money owed or that is late
39
accusatory instrument
paper filed w ct charging a person w one / more offenses
40
accused
person charged w crime who has to go to criminal ct
41
acknowledgment
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.
42
acknowledgment of paternity
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.
43
acquit
decision by judge or jury that person on trial is not guilty
44
ACS =
administration for children's services
45
action
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.
46
active status
case in ct but is waiting for decision has active status
47
ad damnum
to the damage. amt of money claimed in a case
48
ad litem
for this lawsuit, in this case only
49
addendum
another paper or words added to original paper or set of papers
50
adolescent offender
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/
51
adjournment
put off a ct date till another time or place
52
aka
also known as
53
alias
name used by person that is not his legal name
54
alibi
claim that person accused was somewhere else at time a crime was committed
55
alimony
money the ct orders one to pay a spouse or ex spouse
56
allegation
sttmt / claim thats made and hasnt been proven to be true or false
57
allege
say that something is true even it if has not been proven
58
allocution
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.
59
alternate juror
person picked for jury in case a juror needs to be replaced
60
alternative dispute resolution
way of helping people decide legal problems w/o trial. types- mediation, arbitration.
61
amend
change or fix
62
amicus curiae
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
63
ancillary proceeding
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.
64
ancillary relief
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.
65
annul
cancel
66
annulment
legal actions saying marriage was never legal bc of mental problems, incest, bigamy, too young to consent, fraud, force, physical incapacity. nullity of marriage.
67
anonymous
when someone's name is kept secret or is unknown
68
answer
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.
69
appeal
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.
70
appearance
going to ct.
| legal paper saying you will participate in ct process.
71
appellant
someone who asks a higher ct to change a lower ct's decision. person who starts an appeal.
72
appellate ct
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.
73
appellee
person who is the respondent/ person defending an appeal in higher ct
74
APPLA
family ct definition, another planned permanent living arrangement
75
A & R statement
accounts and records sttmt made by support collection unit listing payments made and money owed under order of support
76
arbitration
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
77
arbitrator
person who is not a judge but can hear and decide a case
78
archives
place where old records and files are kept for safe keeping
79
argument
sttmt, reason or fact for or ag something in a case
80
arraignment
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
81
arrears
money that is overdue or unpaid. usually in ref to unpaid rent or child support
82
arrest
taking a person into custody bc of criminal activity. can be taken into custody with or w/o a warrant
83
art 78 proceeding
sup ct case that can change an order made by an admin agency, like NYCHA or sec 8
84
art 81 proceeding
sup ct case to name a person as guardian of another who cant handle his affairs
85
ascertain
make sure. find out if something is true.
86
assault
threat or use of force that makes another person afraid or offended
87
assigned counsel
atty asigned by ct to represent party
88
assignee
person or business who is given rights , powers , duties. collection agency is assignee who has same rights as person who was owed money originally.
89
assignment of support rights
if person gets public assistance benefits and later on gets chid support , part or all of public assistance money MUST be repaid to govt
90
assistant district atty
lawyer from district atty's office who prosecutes people on behalf of the public
91
attachment
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.
92
attestation
act of proving doc's truth by signing as a witness
93
atty
someone licensed to represent clients in ct and give legal advice
94
atty for child
lawyer assigned by ct to be child's atty.
95
atty in fact
person given power of atty to act for another person
96
atty of record
lawyer whose name is listed in case file as representing someone in the case
97
audit
when records or accts are looked at to check that they are right and complete
98
authenticated copy
copy of original writing that is certified or verified / sworn to by proper officer
99
automated administrative enforcement of interstate cases
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
100
award
amt of money given by arbitrator or jury in judgment.
| give something by formal act or judicial order.
101
bail
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
102
bail bond
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
103
bail bondsman
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
104
bail exoneration
when judge makes decision that bail money can be returned
105
bail forfeiture
when a def doesnt return to ct on time, he gives up money that was deposited w ct to get free
106
bail receipt
written sttmt that ct gives def that says bail was paid
107
bail schedule
list of amt of money that is suggested for temporarily releasing people on diff charges
108
bailiff
person in charge of security in ct / ct officer
109
bank levy
way to get money in judgment ag someone; money taken from debtor's bank acct
110
bankruptcy
ct case started by person who cant pay his debts asking ct to allow him to not pay debts back
111
bar
block or stop something or someone; group of lawyers permitted to practice law in state
112
barratry
making habit of starting fights or lawsuits; starting lawsuits without a good reason.
113
battery
use of force on person that causes harmful or offensive contact w/o his permission
114
bench
desk where judge sits in ct; judges in general or specific judge can be called the bench
115
bench conference
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
116
bench trial
trial w/o jury where judge decides the case
117
bench warrant
order given by judge / bench to arrest person when he did not appear at ct
118
beneficiary
person who can receive something bc of legal arrangement or doc; surrogate's ct - person who can share in an estate
119
bequest
gift in will of money or other property
120
best interest of the child
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
121
bifurcate
separate; case where responsibility of person is decided before amt of money is awarded
122
bill of costs
list of specific expenses included in judgment on top of money already given
123
bill of particulars
formal list of stmts that clarify or detail charges and/or facts in case. usually given after a request is made
124
bind
make yourself of someone else legally responsible for something
125
bind over
judge's decision before trial that says there is enough evidence for trial
126
blood test
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
127
bona fide
in good faith. sincere, real, without lies, true.
128
bond
guarantee that person will do something. promise. written promise to pay money or do something if something happens or certain amt of time passes
129
book/booking
steps taken by police when someone is arrested. taking fingerprints, photographs, writing down personal info about the person.
130
brief
written sttmt that each side gives the ct to say why ct should decide in his favor; short amt of time
131
burden of proof
person's duty to prove truth of his claim
132
burglary
when someone unlawfully breaks into or enters a building or home to commit a theft or other serious crime / felony.
133
calendar
daily list of all cases to be heard in courtroom. calendar something means to give a day/time/courtroom to a case
134
calendar call
calling of names of cases listed on calendar by clerk. usually done at beginning of ct day
135
calendar number
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.
136
caption
whats written at top of all ct papers. says things like names of parties, ct, case number.
137
case
lawsuit; complaint filed in any ct. folder that has official ct papers. case file for a case.
138
case conferencing
case is conferenced w both sides and judge or judge's ct atty to try to settle case before going to trial
139
case law
law made by othe decisions in similar cases
140
case number
id # that court clerk's offices gives a case. number is on all papers filed in case. docket number . index number.
141
caseload
number of cases judge has to hear
142
caseworker
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.
143
cashier
ct employee who can accept payments for services
144
cause of action
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
145
caveat emptor
let the buyer beware. idea that person buys things at own risk
146
certificate
doc where fact is formally sworn to and has official seal
147
certificate of compliance
doc required by nyc housing maintenance code for landlord / owner to certify that violations have been corrected
148
certificate of disposition
official ct doc that says the status of a case or its final result.
149
certificate of good conduct
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
150
certificate of readiness
paper given to ct saying that you are ready for trial
151
certificate of relief from civil disabilities
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
152
certification
criminal ct - judge's order to move a criminal case to another ct in diff county; certifying.
153
certified copy
official copy of paper marked as being true copy of original. if from a govtl agency, will usually have a seal
154
certified sttmt
sttmt which has been sworn to as true in front of notary public
155
certify
swear to truth in writing
156
certiorari
be more fully informed. action to review decision / action of public official or agency. art 78 of cplr.
157
challenge
someone's objection / argument ag something in legal case
158
challenge for cause
reasons that lawyer gives for removing juror or judge from case
159
chambers
judge's office
160
change in circumstances
family ct- words often used to explain change in ct order
161
change of venue
when civil or criminal case is moved from one ct's jurisdiction to another
162
charge
criminal ct- accuse a person of a crime. formal accusation of crime before prosecution listing offenses.
163
charge to jury
in trial, sttmt to jury by judge telling it what principles of law to use in the case
164
chattel
piece of personal property. car, bracelet, and others
165
child / minor
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
166
child abuse
hurting or allowing someone to hurt a child physically / sexually / emotionally
167
child advocate
someone w special training apptd by ct to help child in case
168
child custody
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
169
child custody evaluation
investigation and analysis by expert of health / safety / welfare and best interests of children. ordered by ct to help solve custody and visitation arguments
170
child neglect
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
171
child protective services
state agency acting on reports of child abuse and neglect. in nyc it is acs - administration for children's services
172
child support
moeny paid by parent to another to help support child / children after separation
173
child support enforcement agency
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.
174
child support standards act
cssa. law determining amt of child support to be paid
175
child support enforcement term of family ct
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
176
circumstantial evidence
testimony not based on personal knowledge / observation of facts in case
177
citation
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.
178
cite
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.
179
civil case
lawsuit for money / to get property back / to force someone to complete a contract / to protect someone's civil rights
180
civil jurisdiction
ct's right / power to hear noncriminal case / civil
181
claim of exemption
claim by judgment debtor that law stops certain property from being take to pay the judgment
182
claim splitting
when you divide civil case into 2 lawsuits to stay below amt youre allowed to sue for
183
clerk
ct official who handles filings / motions / pleadings
184
clerk of ct
person authorized by law to administer / give oaths and sign process / mandates the ct. chief clerk.
185
codes
set of laws, rules, regulations
186
codicil
legal paper that adds to or changes a will
187
cohabitation
live with and usually have sexual relations w another person
188
collaborative law
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.
189
community dispute resolution center
organizations that give people w conflict diff ways to work out their issues w/o going to ct
190
commingle
when someone mixes properties or money intended for diff purposes into a common fund or bank acct
191
commissioner of jurors
person in charge of telling people that they have to do jury duty
192
commit
do something, such as, a crime.
place someone in custody.
use ct order to send a person to jail.
193
commitment order
ct order that says person must be kept in custody, usually jail or mental institution
194
common law
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.
195
compensatory damages
money that 1 person MUST pay another to cover cost of wrong or injury.
ex- in car accident - cost of fixing car.
196
competence order
order from ct saying person in mentally able / understands enough to take part in ct case
197
complainant
person that starts ct case ag another person. in civil case, complainant is the pl. in criminal case, complainant is the state.
198
complaint
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.
199
compliance hearing
hearing to find out if repairs were made in an HP case
200
compulsory
required by legal process or by law
201
concur
concurring opinion agrees w the decision of majority either for same or for diff reasons
202
concurrent jurisdiction
when 2 / more cts can hear same case
203
concurrent sentences
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 ...
204
condemnation
act of finding a person guilty in a ct.
| taking of property for public use.
205
conditional discharge
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.
206
confession
when someone admits, out loud / in writing that he committed a crime
207
confession of judgment
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.
208
confidential personal info
things that may be removed from ct papers to protect a person, like s.s. #s, birth dates, tax info.
209
confidential record
info in ct case that cant be seen by public
210
confidentiality and privilege
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
211
conformed copy
copy of doc where changes have been made to make it same as original
212
consecutive sentences
sentences served 1 after the other.
| if person has consecutive sentences of 10 yrs and 5 yrs, he must serve total of 15 yrs.
213
consanguinity
relationship by blood. blood relative.
214
consent to marry / M PETITION
marriage of minor, who's at least 14 yrs and LESS than 16 yrs old. MUST be approved by ct.
215
conservatee
someone that cant take care of himself and has a caretaker - conservator, picked by ct
216
conservator
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
217
conservator of estate
person / business picked by judge to handle financial matters of person when judge decides that the person cant do it, the conservatee
218
conservator of the person
person / business picked by judge to care for and protect person when judge decides that person - conservatee cant do it.
219
conservatorship
ct proceeding where judge appts caretaker for adult that is unable to care for himself
220
consolidation of actions
when at least 2 cases that involve same issues of law are put together and become 1 case. 1 judgment will cover all parties.
221
constitution
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.
222
constructive abandonment
reason to grant a divorce. when 1 party refuses without reason to have sexual relations w the other for at lease 1 yr.
223
constructive eviction
when tenant cant use part or all of apt bc something landlord/owner has done / allowed
224
consumer credit protection act
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.
225
contempt
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.
226
contested action
case where parties dont agree on facts or law.
227
contested divorce
case where person doesnt want divorce action. parties cant agree on terms of divorce.
228
continuance
put off ct case to later date
229
continued
postponed.
| put off to later date.
230
continuing exclusive jurisdiction
only 1 support order exists bw same people at 1 time, even when are in a diff stte
231
ct of continuing exclusive jurisdiction
has control over support case until another ct takes it away.
UNIFORM INTERSTATE FAMILY SUPPORT ACT.
232
contract
agreement bw 2 or more people to do or not do something. can be oral / verbal or written / on paper.
233
convey
give title to property to another. make known or communicate.
234
conviction
in criminal case. finding of guilt either by plea or by trial.
235
coram nobis
before us, in our presence. legal paper that is used to tell ct about mistakes in facts of case.
236
corporation counsel
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
237
corroborate
help prove sttmt / argument w more facts or evidence
238
costs
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
239
counsel
lawyer / atty.
| advise / help.
240
count
each separate charge / sttmt in a case
241
counterclaim
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.
242
county clerk's office
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.
243
ct
place where cases are heard.
| judge or group of judges whose job it to hear cases andcarry out justice.
244
ct atty referee
official judicial officer that can hear and decide cases sent by judge
245
court liaison officer
probation officer assigned to family ct. sometimes used to describe ACS case workers assigned to ct or ctroom
246
court of appeals
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
247
court officer
ct employee in charge of security in cthouse
248
ct order
legal decision made by ct that says something is tobe done or not done. can be made by judge / commissioner / ct referee / magistrate
249
ct record
all papers filed w ct in case. summons and complaint. judgment. transcript.
250
ct reporter
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
251
ct stamp
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.
252
ct trial
trial w/o jury. judge decides case.
253
CPLR
civil practice law and rules. NYS law that gives procedure for civil cases
254
creditor
person / business that is owed a debt / usually money
255
crime
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.
256
crime victim assistance fee
fee imposed by state on def who's convicted of felony misdemeanor or violation
257
criminal
someone that has been convicted of felony or misdemeanor
258
criminal case
ct case that starts bc of criminal crime
259
criminal justice agency
NYC agency that interviews def's after arrest and makes recommendations about bail
260
C.P.L
criminal procedure law. set of laws that lists procedures to be followed in criminal cases in NYS
261
cross complaint / cross claim
claim filed by co defendants or co plaintiffs ag each other
262
cross examination
questioning of party / witness by other side in trial / hearing / deposition
263
cruel and inhuman treatment
physical / verbal / sexual / emotional abuse by 1 person ag the other, that harms a person's physical / mental health. reason to grant divorce.
264
custodial parent
parent who takes case of child every day and has physical custody and control of child
265
custody
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.
266
legal custody
the rt to make major decisions affecting child.
267
physical custody
dayto day care of child under age 18.
268
custody mediation
voluntary and confidential meeting w trained neutral person who helps parents try to agree on parenting plan for their children
269
custody order
ct order that says who a child will live w and who will make decisions abt health care / education / other important things
270
damages
moeny that the losing side MUST pay to winning side tomake up for loss or injuries.
271
compensatory damages
money to pay for actual cost of injury / loss
272
punitive / exemplary damages
amt of money that is in addition to actual damages. punishment for bad acts someone does on purpose.
273
de novo
start again. new trial
274
debtor
person/ business that owes money
275
decedent
dead person
276
decision
ct's judgment / decree
277
declaratory judgment
sttmt by ct abt rts and legal relationships of parties. this order does not say anyting is to be done.
278
decree
ct decision / order
279
deed in lieu of foreclosure
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
280
deem
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.
281
defamation
when person hurts another person's character / fame / reputation by making false and mean on purpose sttmts
282
default
when someone doesnt answer / go to ct / do what he is supposed to do by specific time after being properly notified . in default.
283
default judgment
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
284
defendant
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.
285
defense atty
in criminal case, lawyer that represents accused person / defendant
286
defense
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.
287
deficiency
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
288
delete
omit /leave out / remove
289
deliberate
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
290
deliberation
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.
291
delinquent
failure to perform duty / obligation.
person guilty of serious anti social or criminal behavior.
past due.
bill not paid on time.
292
demand
in non payment proceedings.
| requirement that landlord / owner ask tenant for rent before beginning proceeding.
293
demurrer
when def says that pacts presented, even if true, are NOT enough to prove his responsibility
294
dept of housing and community renewal
NYS agency which regulates residential housing / rent stabilization / rent control
295
dept of juvenile justice
NYC agency responsible for non secure and secure detention / control of juveniles whose cases are waiting for family ct or transfer to other facilities
296
dept of probation
county or city agency responsible for supervision of convicted criminal def's
297
dept of social services DSS
human resource administration
298
dependent
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
299
deponent
person who swears under oath to tell the truth
300
deposition
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.
301
designated felony acts
E PETITION.
| certain serious violent act crimes committed or allegedly committed by 13, 14, 15 yo.
302
designated felony
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
303
desk appearance ticket
written notice given by police officer to person arrested telling him to appear in ct at later date
304
detention
when person is temporarily jailed until ct makes final decision
305
determination
judgment / decision made by ct / admin agency
306
devise
gift / transfer by will of property
307
devisee
person receiving property from will
308
dictum
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.
309
direct examination
when witness answers questions asked by party that brought him to testify / speak under oath
310
direct income withholding
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.
311
directed verdict
instruction to jury by judge telling it what to decide
312
disbursement
paying out of money
313
disbursements
out of pocket expenses given to winner in judgment
314
discontinue
when party who starts case decides to end it
315
discovery
gathering of info / facts /docs / testimony before case goes to trial . discover is done in many ways, like through depositions / interrogatories / requests for admissions.
316
discrimination
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
317
dismissal
order that ends a case
318
dismissed w prejudice
when ct ends case and wont allow other case to be filed using same claim in future.
cases dismissed w prejudice can be appealed.
319
dismissed w/o prejudice
when ct ends a case but will still allow another suit to be started using same claim
320
disposable income
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/
321
dispose
end a case
322
disposition
final decision in a case
323
dispositional hearing
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
324
disqualification
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
325
dissent
disagree w majority opinion bc of reasoning and / or principles of law the majority used to decide case
326
dissipation
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
327
dissolution of marriage
judgment that puts people in state of being single again
328
distributee
person who has rt to share in estate
329
district atty
chief prosecutor who has official duty to conduct criminal cases for public ag people accused of committing crimes. the public's atty
330
diversion
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.
331
division for youth
stte agency that maintains secure and non secure detention facilities of placement of juveniles. oversees certification and operation of facilities.
332
divorce
legal ending of marriage by ct
333
docket
record w complete history of case
334
docket number
```
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
```
335
D.R.L
domestic relations law
| NYS laws used for divorce and other related marriage actions and proceedings
336
domicile
person's main or permanent home
337
domiciliary
person who has his main or permanent home in particular location, like NYS
338
drug ct
ct that hears only cases involving non violent drug offenders.
sentenced to rehab programs that are under supervision of ct
339
DUNAWAY hearing
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.
340
due process
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
341
e filing
electronic filing.
| system for ct to get docs over the internet rather than by mail/ fax / having them handed into ct.
342
earning capacity
what a person can expect to earn bc of person's talent / skills / age / health / training / experience.
343
easement
rt of person to use land of another person for special purpose
344
economic infeasibility
defense by landlord / owner saying cost of fixing violations and restoring place in an HP action is more than the place is worth
345
egregious
extremely bad / shocking
346
electronic filing
system for ct to get docs over internet rather than by mail / fax / having them handed into ct
347
electronic funds transfer
electronic movement of money
348
electronic surveillance
use of electronic device to keep track of where sentenced person is and to limit his activities rather than put the person in jail
349
emancipation
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
350
eminent domain
rt of state to take private property w/o owner's agreement for public use after giving fair payment to owner
351
en banc
on the bench. ct sessions where all judges of ct participate instead of usual number.
352
endorse
sign your name on doc to accept or transfer its contents. check that is endorsed / signed to transfer money to a bank
353
endorsed - filed copies
copies of ct papers that are stamped to show when they were filed
354
enforce
take legal steps to ensure someone obeys a judgment
355
enjoin
make someone do or not do something
356
entrapment
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
357
entry of judgment
signing and filing of judgment by clerk
358
equitable action
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.
359
equitable distribution
they way marital property MUST be divided by law in NYS in divorce
360
equity
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.
361
escheat
rt of stte to take property of someone who dies when there is no 1 to inherit it
362
escrow
deposit / deed / doc / money w third party / like a bank, to be held until condition is met
363
estate
all property of adult / child / trust or someone who has died
364
estop
stop / bar / impede
365
estoppel
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.
366
et al
and others.
| other parties not listed in formal name of ct case
367
et ano
and another
368
et ux
and wife
369
eviction
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.
370
eviction notice
notice that sheriff / marshal gives to tenant / occupant telling him that he will be evicted by certain date
371
eviction proceeding
any case that may result in eviction of person who is being taken to ct
372
evidence
proof legally presented at trial by witnesses, records, exhibits to prove fact.
373
ex parte
from 1 side only.
| motion / sttmt made to ct by 1 party w/o notice to other side
374
examination before trial
EBT.
| interrogation / interview of person outside ct before trial
375
execute
perform / carry out all terms of contract / ct order.
make valid by signing doc.
kill.
376
execution of judgment
legal process of enforcing a judgment usually by taking and / or selling property of person who owes
377
execution of warrant of eviction
removal of occupants of place by marshal / sheriff
378
executor
person named in will and apptd by ct to carry out will's instructions and handle financial matters
379
exemplification
official transcript of public record recognized as true copy for use as evidence
380
exempt assets
prop of person that owes money that is legally protected from being taken to pay judgment
381
exhibit
when doc or object is used as evidence in case. doc attached to and part of other ct papers
382
exonerate bail
when ct returns money / property to def or bondsman
383
exonerate
clear of blame / relieve from responsibility.
| remove lien from property, ex pay off mortgage.
384
expert
person who through education / experience has skills / knowledge of subject which allows him to testify before ct
385
exploration of placement
order by ct to probation dept in juvenile delinquency or PINS case to find place to keep child before final decision
386
expulsion
force out
387
expunge
remove / erase.
| authorized act of removing and destroying info in files / computers / other places where they may be held
388
extra judicial surrender
doc where parent gives up his rt to child in writing in front of witnesses and in authorized agency, not ct
389
extradition
taking person in custody from 1 jurisdiction to another
390
fact finding hearing
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
391
false arrest
arrest made with NO legal authority
392
fam ct
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.
393
fam ct legal services
office in administration of child services that gives legal services for cases brought by commissioner of social services
394
family offense / O petition
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
395
family treatment ct
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
396
family tree
chart showing fam relationships / grandfather / father / mother / cousins
397
family violence indicator
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.
398
FAPE
free appropriate public education.
| special education rts that MUST be made available to people w disabilities
399
FCR of child support
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.
400
FEIN
federal employer identification number.
| 9 numbers given to all employers by internal revenue service. used for collecting child support from parent's paycheck.
401
FPLS
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.
402
ACF
administration for children and families
403
OCSE
office of child support enforcement
404
federal question jurisdiction
power of federal cts to hear case if it involves fed law, such as USC , acts of congress, treaties
405
federal tax refund offset program
fed program that collects overdue child support payments from parents.
program can take parent's fed income tax refunds or federal retirement benefits
406
fee
money paid for service, like filing ct paper.
| fee dispute resolution program.
407
fee waiver
permission not to pay cts filing fees.
| people w very low income can ask ct to allow them to not pay the fee
408
felony
serious crime that can be punished by more than 1 yr in prison.
A,B,C,D,E classes of felonies.
409
class a felony
carries longest jail sentence
410
class e felony
carries shortest jail sentence
411
FET
full evaluation and testing.
| ct ordered psychological and / or psychiatric examination
412
fiduciary
high std of care.
| person who MUST use high std of care when he manages another person's money / property, like trustee.
413
file
when person officially gives paper to ct clerk and that paper becomes part of record of case.
ct's official record of case.
414
filed stamped
mark showing when ct got doc
415
filiation
when ct decides who the father of child is
416
filing fees
money you pay ct clerk to accept / file a complaint / petition, that starts civil case, or other ct papers , like motions and answers
417
final discharge
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.
418
finding / finding of fact
when judge / jury says something is a fact bc of evidence
419
fine
money person MUST pay as punishment for doing something illegal / for NOT doing something they were supposed to do
420
fingerprints
person's unique finger. marks used to identify people
421
fingerprint report
written record of arrested person's prior criminal history. includes fingerprints and other biological data, commonly called rap sheet
422
forbearance
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.
423
foreclosure
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.
424
forensic
investigating crime using knowledge and expertise in particular subject like science/ medicine / accounting
425
foreperson
person on jury who tells verdict to ct
426
forfeiture
when person MUST give up money / property bc he didn't meet legal obligation
427
forum
ct or other judicial group.
| rt place to bring up an issue.
428
foster care
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.
429
foster case agency
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.
430
foster home
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.
431
fraud
intentional lie told to get a person to act in way which will harm him
432
freed for adoption
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.
433
fugitive
person suspected of doing something wrong who runs away or tries to escape the law.
434
full faith and credit
constl requirement that state MUST honor order or judgment of another's state's ct.
435
garnish
take part of person's money / property to pay off money judgment
436
garnishee
person who has money taken from him to pay off judgment
437
garnishment
legal process that allows part of a person's wages and/or assets to be taken to pay off judgment
438
general denial
sttmt by respondent that claims in petition are not true
439
general plan of conservatorship
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.
440
genetic marker test
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
441
good cause
good reason.
442
good faith
honesty of intention. no plan to lie.
443
grand jury
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
444
grounds
legal reason to bring a case
445
group home
home run by agency where youth will live w other youth. youth is owed certain rts by staff and volunteers working in group home.
446
guarantor
person that promises to be responsible for debt of another person if that person doesn't pay the debt on time
447
guardian
person appointed by the ct to care for another
448
guardian ad litem
ct apptd adult that represents minor child or legally incompetent person. guardian for a SPECIFIC LAWSUIT
449
guardianship
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.
450
guest
person who does not have the same rts as tenant. someone who stays in residence for less than 30 days = example
451
guidelines
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.
452
guilty
having committed crime or being responsible for crime.
decision by ct that person committed crime.
when person admits that he committed crime.
453
guilty plea
when person admits in ct that he is guilty of the crime charged in criminal complaint / info / indictment.
454
heabeas corpus
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.
455
habitable
place fit for people to live in.
| rental unit that follows important building and safety code stds that affect tenants' health and safety.
456
hearing
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.
457
hearsay
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.
458
heir
person that inherits / receives money / property from someone who has died.
459
holdover proceeding
ct case started by landlord/owner to get back control of place
460
holding cell
cell inside cthouse where prisoners are held in custody before and after their ct appearance
461
home detention
when electronic device is put on prisoner's body to keep track of where prisoner goes
462
homicide
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.
463
HP case
housing part case.
| case brought in housing part of civil ct asking for repairs and for enforcement of housing stds.
464
human resource administration
NYC agency that oversees city's public assistance programs and projects
465
hung jury
jury that cant agree on verdict
466
huntley hearing
hearing held to ask ct to not use sttmt made by def based on idea that sttmt was gotten illegally
467
I & R
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
468
IEP
individualized education program.
designed to meet exceptional educational needs of public school students that are eligible for special education services
469
illegal parking
violation of state or local parking regulation
470
immunity
rt to be excused from duty / obligation / penalty
471
impaneling
way jurors are picked and sworn in
472
impeachment
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.
473
impleader
person added to case by def
474
implied warranty of habitability
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
475
impound
seize and hold in custody of law.
| used w personal property, not people.
476
imputing income
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.
477
in camera
in a chamber.
| in judge's private room / in a ctroom emptied of all spectators / including jury
478
in forma pauperis
in manner of pauper.
| permission given by ct to person to file case w/o paying fees bc person cant afford to apy them.
479
in limine
at beginning / outset.
| motion at beginning of trial to ask that certain evidence not be heard
480
in propria persona / in pro per
in own's own person.
| person represents himself w/o lawyer
481
in re
in matter of / about or concerning
482
in rem
ag a thing. having to do w rt or title to property.
483
inactive case
pending case that has been filed, but for some reason cant be heard by ct.
484
incarcerate
put in jail
485
incapacitated person
person who for any reason cannot protect his rts even if not declared incompetent by ct
486
income
any form of periodic payment to person, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability, pension, retirement program payments, interest.
487
income/ payroll deduction order
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.
488
IEO / IEX
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.
489
income withholding
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.
490
imcompetence
when person cant do something or cant handle own affairs
491
incompetency
lack of legal ability to stand trial / testify
492
incriminate
hold yourself / another person responsible for criminal actions
493
indemnity
duty to pay for another person's loss / damage
494
index number
id # that the ct clerk's office gives a case.
| this number is on all papers filed in case.
495
indictment
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
496
indigent
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.
497
indorse
write oral / verbal / answer of respondent on ct file
498
indorsed complaint
brief description of reason for suit in a case for money only
499
infant
minor.
| under 18 yo.
500
infant's compromise
approval by judge of settlement in infant's claim
501
information
doc charging person w crime in writing.
| presented in ct by prosecuting officer under oath and doesnt come from grand jury
502
information subpoena
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.
503
infraction
minor violation of law, contract, right , that is NOT a misdemeanor / felony and CANNOT be punished by time in prison.
504
initiating jurisdiction
stte or county ct / admin agency, that sends a request for action to another jurisdiction in interstate child support cases
505
injunction
ct order telling person to do or not something
506
innocent
free from legal fault.
| not guilty of criminal charges by ct.
507
inquest
legal process to decide case where only one side is present to testify
508
installment payments
weekly / monthly / other periodic payments on debt
509
instructions to jury
instructions judge gives to jury just before it starts to deliberate, telling jury what laws apply to that case
510
intake
in family ct, first ct proceeding where petition is read and charges / demands are explained
511
inter alia
among other things
512
integrated domestic violence ct
special ct where judge hears all parts of family's case about domestic violence
513
inter vivos trust
bw the living.
| trust made by person while he is alive.
514
intercept
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
515
interlocutory
ct order that is conditional / temporary / not final
516
interpleader
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.
517
interpreter
person that is certified as being able to translate / orally / in writing / spoken / sign language to ct
518
interrogatories
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
519
interstate cases
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
520
intestate
die without making a will
521
inventory
detailed list of property
522
investor requirement
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
523
irretrievable breakdown
when relationship is impossible to fix for at least 6 months.
ground for NO FAULT divorce.
524
issue
what is being argued in lawsuit.
sent out officially, as when ct sends out an order.
relatives from same ancestor, including adopted children.
525
IV A / 4A case
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.
526
IV D / 4D
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.
527
IV E / 4E case
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.
528
IV E / 4E
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.
529
jail
place where people are held after arrest
530
jeopardy
risk of conviction and punishment at a trial
531
joinder
bringing together parties or claims in a case.
| ex - when new people become parties in a case or new claims are added
532
joint custody
sharing of responsibilities for care of child by both parents
533
joint legal custody
ct order that lets either or both parents to make decisions about child's health, education, and well being
534
joint physical custody
ct order that says a child is to spend about same amt of time living w each parent
535
joint trial
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.
536
judge
person w authority to decide legal matters in ct
537
judgment
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.
538
judgment creditor
party - pl or def who has won money in ct case
539
judgment debtor
party who has lost case and must pay money
540
judgment roll
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.
541
judicial
legal.
| having to do w ct / judgment.
542
judicial district
state is divided into geographical areas called judicial districts.
NYS has 13.
in fed ct, these geographical areas are called judicial circuits.
543
judicial hearing officer
JHO.
| retired judge who still hears and decides cases
544
judicial officer
judges
referees
commissioners
- making decision
545
judicial settlement
in surrogate's ct.
| ct proceeding where judge reviews and approves acct filed by fiduciary / responsible manager of an estate
546
judicial surrender
AS PETITION.
when child is given to authorized agency for adoption.
MUST be sworn to in front of judge of family / surrogate's ct.
547
jurat
to swear .
| sttmt at end of affidavit saying when / where / before whom / who saw/ affidavit was sworn to.
548
jurisdiction
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
549
jurisdicional limit
maximum amt of money ct can give.
| small claims - 5K
550
jurisprudence
study of law and structure of legal system
551
juror
person selected to be on jury
552
jury
group of citizens picked to decide case.
553
grand jury
group who decides if seems reasonable - probable cause exists - that crime has taken place and indictment should happen
554
hung jury
group that cannot agree on verdict
555
jury commissioner
local official responsible for giving ct lists of qualified potential jurors
556
jury demand
paper filed by 1 side in case asking for jury.
| requires payment of fee.
557
jury instructions
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
558
jury pool
```
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
```
559
jury trial
proceeding where parties give facts and law to jury for decision
560
just cause
legal reason
| burden put on a person to show why request should be granted. good cause.
561
juvenile
person younger than legal age of adulthood - 18 yo, in some cases 21 yo
562
juvenile delinquent
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.
563
juvenile offender
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.
564
juvenile rts divisin
office of legal aid society that gives legal representation.
| atty for child / law guardian to children in fam ct cases.
565
kinship foster care
foster care placement w fam member
566
laches
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
567
landlord
owner.
lessor.
rents out real property to tenant - lessee
568
law guardian
atty appointed by ct to represent child in contested custody matters .
atty for the child.
569
lawsuit
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.
570
lawyer
person w license to represent c's in ct of law and advise them on legal matters
571
lawyers for children
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
572
lease
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.
573
least restrictive environment
LRE
when possible, special education students MUST be placed in regular classrooms w non disabled students while still having their special educational needs met
574
legal advice
opinion as to how law works in specific case
575
legal aid organizations
organizations that give free legal advice / representation / other legal services to low income people
576
legal aid society
LAS
| NYC agency that gives legal representation in many areas of law
577
legal custody
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
578
legal separation
written and signed agreement bw spouses where they live apart from each other while REMAINING married.
formal agreement is filed when filing for divorce.
579
legatee
person supposed to receive personal property under will
580
lessee
person who rents real / personal property and has a lease
581
lessor
person who gives rt to use his property in a lease
582
letters
doc made by ct appting person or corp as fiduciary
583
letters of conservatorship
ct paper that allows person called conservator to act for another person
584
levy
sheriff / marshal enforces judgment by taking property, ex- money , car, house.
force tax / fine on someone
585
levying officer
sheriff / marshal that is given the power to take / tax / fine judgement debtor's property
586
liability
person's responsibility to do/ not to something.
| person's responsibility for causing injury.
587
libel
false and malicious / lies written / published material that is defamatory / insulting and hurts a person's reputation
588
liber
book used for keeping record of specific documents / events having legal effect
589
license
permission to do something that without permission is illegal
590
licensee
someone given permission to stay in home without paying rent
591
lien
claim on property, such as house / bank acct , for payment of debt
592
limited scope representation
arrangement w lawyer to get help on some parts of case for set fee / limited fees
unbundled legal services
unbundling
593
lis pendens
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
594
litigation
parties / sides involved in ct case
595
litigate
take part in ct case
596
litigation
ct case / lawsuit
| people involved in lawsuits - pl's and def's= litigants
597
local child suport agency
child support enforcement agency
598
lockout
when landlord locks tenant out of rental unit w/o permission of ct
lockouts and ALL other self help evictions are illegal
599
lodger
person who lives in room in another's house.
| owner can enter all areas occupied by lodger and has control of house
600
long arm jurisdiction
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
601
loss mitigation
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
602
magistrate
person w power to issue arrest warrants and find if there is reason to suspect someone of crime / probable cause , at preliminary hearing
603
maim
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
604
maintenance
in divorce cases- financial support given by 1 person to another.
general repair and care of property to keep it up correctly
605
malfeasance
bad behavior, doing something wrong / ag the law
| especially when done by public official
606
malice
desire or intention to do bad act based on hatred / total disregard for other person's well being
607
malpractice
act of negligence / incompetence by professional - doctor / lawyer
608
mandatory
required / ordered / no choice
609
mandatory surcharge
fee that def MUST pay when he has been convicted of offense.
| separate from fine that ct may have charged.
610
manifestation determination
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
611
mapp hearing
hearing held to ask ct to not use physical evidence based on idea that evidence was obtained during illegal search
612
manslaughter
when someone kills a person, but didnt mean to do it
613
marital property
```
any property that either person got from beginning of marriage to divorce.
house
car
IRA
bank acct
pension
annuity
business
advanced degrees
```
614
separate property
inheritance
gift from someone who is NOT the spouse
compensation for personal injuries
615
marital settlement agreement
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
616
marshal
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
617
marshal's notice
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
618
material witness
person who judge decided can speak / testify on some issue. extremely important to a case, expecially if others cant give same testimony
619
mayhem
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
620
mediation
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
621
medical support
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.
622
mental health services / mental health study
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
623
midtown community ct
neighborhood based arraignment ct dealing w low level quality of life offenses - public urination / bike violations / littering
624
military calendar
special calendar delaying case bc party / witness is in military service
625
minor
person under 18 yo.
626
minutes
official / permanent record of ct proceeding telling what happened in case.
names of witnesses
motions
findings
627
miranda warning
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
628
misdemeanor
crime that has penalty of at least 15 days but not more than 1 yr in prison
629
misfeasance
lawful act done in wrongful way
630
mistrial
trial that ends w no decision
631
mitigation
make something less severe
632
modification
change / alter
633
money judgment
amt of money awarded by ct to person as payment for damages / losses or injuries suffered
634
moot
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
635
mortgage
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.
636
mortgagee
person who gives money to another to buy property.
| person is also called the lender
637
mortgagor
person who gets money to buy property.
| person is also called the borrower.
638
motion
verbal / written request made by party to ct to ask for something specific
639
motion hearing
proceeding to ask judge to do or not do something
640
motion granted
order that gives what amotion asked for
641
motion to dismiss
written request to ct asking for case to be thrown out.
| granted - ends case
642
motion to reargue
request to a judge to talk about an issue in a case again
643
motion to renew
request to judge to reconsider his decision based on new proof/ addtl proof not used the first time around
644
movant
party who makes / starts a motion
645
moving party
person asking ct to do / not do something by making a motion
646
mutliple dwelling
bldg that has three / more families living separately
647
multistate financial institution data match
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.
648
murder
killing of a prson byha person who planned / intended it - malice aforethought.
this mental state can either be said / suggested by actions / words
649
non sequitur
it does not follow.
| conclusion that does NOT follow / make sense bc of what came before it
650
nonfeasance
not doing an act that you have a legal duty to do
651
nonpayment proceeding
ct case started by landlord / owner to collect unpaid rent and if rent is NOT paid, to evict the tenant
652
notarize
to say that everything in a doc is true by signing it in front of a notary public who also signs it
653
notary public
person who can take oaths, certify that certain docs are true and take depositions = testimony outside of a ctroom
654
note of issue
form filed w ct to tell ct that all docs are ready for ct's review or that case is ready for trial
655
notice
written announcement / warning.
| legal paper telling other side about something in a case.
656
notice of appeal
paper telling all parties and higher ct that 1 party wants highter ct to change lower ct's decision
657
notice of claim
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
658
notice of entry of judgment
paper by 1 side telling other side but judge's decision in case
659
notice of eviction
paper from sheriff / marshal / constable saying eviction will take place in number of days
660
notice of motion
paper telling ct and other side when motion will be heard. says what is being asked for and why
661
notice of petition
paper telling other side when and where ct will hear case. served w petition
662
nullity
marriage that is understood to be void either by law / ct order.
marriage bw brother and sister = nullity by law
663
nunc pro tunc
now for then.
| the order allows something that happened on 1 date to be counted as having happened on an earlier date.
664
NYSCEF
ny state courts electronic filing.
| computer program that allows filing of delivery of legal papers over the internet in some counties / cts / case types
665
oath
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.
666
objection
when 1 side asks ct to NOT allow evidence /testimony by other side to count in a case
667
object to support magistrate's order
written objections to order that was made by support magistrate. review of objection MUST be made by judge
668
obligation
legal / moral duty to do or not do something. formal agreement to pay certain amt of money / do something for someone.
669
obligee
person who gets benefit - money /action of an obligation
670
obligor
person taht MUST perfor duty / pay an obligation
671
off the record
comments made in a case but NOT counted as part of the record
672
offense
act that violates / breaks the law and the ct can sentence a person to jail / pay fine . offense includes:
felony.
misdemeanor.
violation.
673
offer
suggestion for agreement made by 1 side.
| if other side accepts, it will create contract.
674
OCSE
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
675
OCFS
office of children and family services.
| NYS agency handling placement of minors in institutions after juvenile delinquency findings
676
OTDA
office of temporary and disability assistance.
| NYS agency responsible for supervising child support actions statewide
677
offset
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
678
opening sttmt
in trial, first time each side speaks in front of ct
679
opinion
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.
680
opposition to judgment debtor's exempt status
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.
681
oral argument
in trial, when lawyers speak to support argument/ answer judge's questions
682
oorder
spoken / written command or direction from judge
683
order of filiation
order by ct saying man is biological father of child. usually done after person files paternity petition.
684
order of protection
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.
685
OS
order of support.
| order directing payments of child support / spousal - husband / wife support or both
686
order of support reinstated
order putting back into place support payments that had been stopped by ct
687
order of support suspended
decision by ct that temporarily stops payments of support
688
order of support terminated
decision by ct that ends payments of support
689
order of visitation
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
690
order to appear for examination
ct order telling judgment debtor to appear at a date/ time /place to answer questions about his property and income
691
order to correct
order telling party to fix 1 / more violations
692
OTP
order to produce.
| order telling state / city commissioner of corrections to bring inmate for ct appearance
693
OTSC / OSC
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.
694
ordinance
regulation / law made by local govt to enforce / control / limit certain activities
695
overrule
undo / avoid a decision
696
OR
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
697
palimony
money ct orders someone to pay to person he lived w but did not marry
698
panel
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.
699
PAP
petitionfor admin review.
| appeal to DHCR to review its decision.
700
Parcel
package.
plot of land.
divide and give out something.
701
Partial verdict
verdict where jury finds def guilty or NOT guilty on some charges but CANNOT come to a group decision on other charges
702
Pardon
when chief executive of state or country sets free convicted person from punishment given to him by ct sentence
703
Parentage / parental relationship
being child's parent.
related in direct blood line.
lineage.
704
parenting classes
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
705
Parenting plan
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
706
Parole
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.
707
Part
ctroom for specific type of case
708
party
1 of sides in ct case.
parties are usually called pl / petitioner and def / respondent.
on appeal - appellant / appellee
709
passport denial program
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
710
paternity
decision by ct saying who is / is NOT father of child.
| legal determination of fatherhood
711
paternity petition
ct case asking if man is biological father of child
712
paternity suit
lawsuit to decide who fatehr of child is if parents were NOT married when child was born
713
payee
person / organization who receives money
714
payor
person / organization that pays money
715
PDF
portable document format.
| file format that makes it possible to display words / pictures so that they look same on any computer screen
716
penalty assessment
amt on money added to a fine
717
penal law
state's criminal law which lists all offenses and their possible punishments
718
penalty
punishment for breaking law
719
pendente lite
while action is pending.
| any orders made during the case
720
pending
what a case is called when has NOT been decided
721
per capita
way to give out property of estate so that each beneficiary gets equal share
722
per stirpes
way to give out property of estate when beneficiary DIES and his descendants take share
723
peremptory challenge
when side in case asks ct to get rid of potential juror .
can disqualify person from serving on jury.
does NOT need explanation.
724
perfecting an appeal
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.
725
perjury
false sttmt made on purpose / lie while under oath
726
permanency planning
ct action taht gives dependent child permanent place to live- adoption / guardianship
727
permanency planning goal
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
728
permanency planning hearing
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
729
permanent neglect
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.
730
persistent violent felony offender
person convicted of violent felony after having been previously convicted of 2 / more violent felonies in past 10 yrs
731
PINS
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
732
personal delivery
giving ct papers to person in his hand
733
personal injury
civil case asking for damages/ money for physical injury to people and/or property, / for wrongful death
734
personal jurisdiction
power of ct over person.
| different from power of ct over def's property.
735
personal service
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.
736
persons interested
person / entity w rt to share in estate.
| husband / wife NOT named in will.
737
petit jury
group of citizens that listen to evidence presented by both sides at trial and figures out facts
738
petition
paper sworn to that asks ct to start case called summary / special proceeding.
works same as complaint in civil case.
739
petitioner
person / agency that starts proceeding or brings appeal to higher ct
740
petty offense
minor violation of law / traffic infraction
741
physical custody
fam ct, where children live, who takes care of them, how much time they spend w each parent.
primary / sole.
joint / shared.
742
placement
ct sends person to facility or any supervisory / care / treatment program
743
plaintiff
party that starts civil case
744
plea
in criminal case, def's answer to charges .
guilty.
NOT guilty.
745
plea bargain
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.
746
plead guilty
def admits to what he has been charged with
747
pleading
written sttmt given to ct describing party's claims abt case and what party wants from ct
748
pleadings
in civil case, group of papers made up of complaint / petition, answer , reply
749
plenary
full/ complete / entire.
meeting attended by all members.
ct case deciding all issues.
750
polling of jury
at end of trial, when jurors are asked individually if they agree w final verdict in case they just decided
751
poor person application
when person asks ct to be allowed to not pay ct fees bc he doesnt have $.
fee waiver.
752
poor person order
order stopping all costs / fees in case for poor person
753
possession
when person has control of place / thing
754
possessory judgment
order from ct giving control of item / place / space
755
post
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.
756
natural person
human being / person, not corp
757
neglect
failure to pay attn to person / thing accidentally / on purpose.
fam ct.
758
negligence
failure to do something reasonable person would ordinarily do in similar situation that can cause harm
759
neutral evaluation
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
760
new hire reporting
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
761
new york children's service
administration of children's service.
nyc child welfare agency that investigates reports of child abuse and neglect.
ensures safety and well being of children
762
new york division of criminal justice services
support agency that holds fingerprints and other arrest info in its database - computerized criminal history
763
nys child abuse and maltreatment central registry
nys agency responsible for keeping all reports of alleged child abuse and bad treatment
764
no true bill
decision by grand jury to NOT indict a person
765
nolo contendre
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
766
non custodial parent
parent that doesnt live child and doesnt have primary care or control of child
767
non martial child
child born to parents who arent married
768
power of atty
doc that says one person can legally act for anotehr
769
pre
in front of / before / pre trial hearing
770
pre arraignment bail
money person may have to pay to be released from custody after arrest but before arriagnment
771
precedent
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
772
preclude
prevent.
| stop
773
predicate felon
person convicted of felony after having been previously convicted of felony w/in past10 yrs
774
predicate notice
paper that needs to be served before starting some cases in ct.
ex landlord / tenant.
rent demand
775
preliminary
anything that needs to be done before main matter / business. preliminary injunction comes before permanent injunction
776
preliminary instructions
guidelines abt trial procedure given to jury by judge at start of trial
777
preliminary examination/ hearing
proceeding to find out if there is enough reason for person to be held responsible for criminal charge
778
preliminary executor
person who acts as estate's administrator before will is probated
779
presentence report
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
780
presiding judge
judge sitting on bench in ctroom.
| administrator of ct's business.
781
pretrial conference
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.
782
pretrial motion
in criminal ct, request by either side to do something in case before going to trial.
made w/in 45 days of arraignment.
783
pretrial services
local agency that puts together report abt criminal def's bkgrnd so judge can decide to release / not from custody before trial
784
preventive services
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
785
prima facie
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.
786
primary physical custody
when child lives w 1 parent more than 50% of the time
787
primary residence
landlord tenant cases.
| home where tenant lives for specific # of days per year.
788
prior
before.
| previous convictions.
789
prison
place where people who are convicted of a crime are held
790
privilege
advantage that NOT all people have.
| special rt that lets person be free from prosecution or other lawsuits.
791
privileged communication
rules that let communication- conversations, emails, letters, bw people in relationships to stay private- atty/client, doctor/patience, spouse/ spouse.
792
pro bono
for the good.
| legal work done for free.
793
pro hac vice
for this occasion / particular purpose.
| permission given to lawyer to try case in state where he is NOT licensed to practice law.
794
pro se
on one's own behalf.
| person who represents himself w/o atty.
795
pro tempore
for time bgeing.
| referee / commissioner that temporarily replaces judge
796
probable cause
good reason to suspect person has committed / is committing crime.
more than bare suspicion but less than evidence.
797
probate
ct case that decides if will is genuine / real.
| case is started after person who leaves will dies and lets executor manage estate
798
probate ct
dept of each county's surrogate's ct that deals w probate, conservatorships, guardianships and estates of people that have died
799
probation
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.
800
prosecutor's info
sttmt from district atty accusing someone of offenses, none of which is a felony and is filedin city / county criminal ct
801
probation officer
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
802
procedure
```
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.
```
803
proceeding
all events in a case.
| specific part of a case- motion / hearing.
804
proceedings
conducting ct business
805
process
legal steps used by ct to notify parties and get power - jurisdictionover them.
806
process server
person licensed to give ct papers to party in lawsuit
807
production list
list that tells ct names of people in custody that have hearings that day
808
promissory note
written doc that says that person promises to pay money to another
809
pronouncement of judgment
announce judgment in formal way.
| stte judgment in case
810
proof
evidence used to prove truth of fact in case
811
proof of service
papers filed as proof that person was served.
| affidavits of service, mailing receipts
812
property
anything that can be owned.
types-
personal prop- bank acct, cash, furniture, clothing.
real property- land, buildings on land.
813
proponent
person who starts probate proceeding
814
prosecute
start and move on w legal case.
| start and pursue criminal case ag person.
815
prosecutor / prosecuting atty
public officer representing govt in criminal cases.
| district atty / asstnt district atty / people / prosecution
816
proximate cause
cause legally strong enough to result in liability.
directly produces event.
without it, event would not have happened
817
public assistance
benefits.
money.
food stamps.
given by govt to help people /families in need.
818
public defender
lawyer apptd by ct to represent def in criminal case that CANNOT afford to hire lawyer
819
public offense
crime.
offense that can be punishedunder criminal law.
diff from private or civil case that violates civil laws - ex - when contract not being followed.
820
public record
govt paper that can be seen by public
821
purge
remove.
| apologize for NOT following judge's order and obey it.
822
putative father
person said to be father of child before being medically / legally proven to be father
823
QDRO
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
824
QMCSO
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.
825
quash
```
stop.
vacate.
annul.
set aside.
ex - quash subpoena, meaning ct wont enforce subpoena bc its been voided
```
826
quid pro quo
this for that.
| what person gets in return for something hes given or promises to give
827
quiet enjoyment
rt to use place w/o interference
828
quiet title
case where ct decides who owns/ has title to property.
| this declares certain person is legal owner of real property in dispute.
829
quitclaim deed
deed for real property which does NOT guarantee full ownership
