Copy of `NY Courts - Legal glossary`

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NY Courts - Legal glossary Category: Legal > New York State Law Date & country: 04/11/2013, USA Words: 264

witness
one who testifies to what he/she has seen, heard, or otherwise observed

writ
an order issuing from a court of justice and requiring the performance of a specified act, or giving authority and commission to have it done

voir dire
a questioning of prospective jurors by the attorneys, and, on application of any party, by the judge, to see if any of them should be disqualified or removed by challenge or examination

waiver
an intentional and voluntary relinquishment of some known right

with prejudice
the term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff

vacate
to set aside a previous action

venire
technically, a writ summoning persons to court to act as jurors; popularly used as meaning the body of names thus summoned

verdict
the determination of a jury on the facts

verification
confirmation of the correctness, truth or authenticity of pleading, account or other paper by an affidavit or oath

undertaking
Deposit of a sum of money or filing of a bond in court.

trial de novo
A new trial (see

tort
an injury or wrong committed, either with or without force, and either intentionally or negligently, to the person or property of another

transcript
the official record of proceedings in a trial or hearing

transfer
the removal of a cause from the jurisdiction of one court or judge to another by lawful authority

trial
the formal examination of a legal controversy in court so as to determine the issue

trial assignment part (TAP)
that part of the court which assigns cases for trial (NYS)

supplementary proceedings
further inquiry, under court jurisdiction, after entry of judgment, to determine means for enforcing the judgment against judgment debtor

surety
One who is legally liable for the debt, default, or failure to carry out a duty of another.

testimony
an oral declaration made by a witness or party under oath

third-party action
A claim asserted by a defendant, styled a third-party plaintiff, against a person, styled a third-party defendant.

summons
A form used to commence a civil action and acquire jurisdiction over a party

summary judgment
a determination in an action on the grounds that there is no genuine issue of fact

subpoena duces tecum (judicial)
an order issued by the court requiring a person to produce specified documents or records in a trial

subsequent proceedings
Any proceeding or action taken with respect to a specific case after it has been filed with the court.

suit
A legal action or proceeding.

sum certain
Liquidated damages pursuant to contract, promissory note, law, etc.

stpulation of settlement
A formal agreement between litigants and/or their attorneys resolving their dispute.

sua sponte
upon its own motion, initiation or will; without a prior request

subpoena
Legal process which commands a witness to appear and testify.

subpoena (judicial)
an order issued by the court to a person to attend court and give testimony

subpoena duces tecum
a subpoena requiring a person to produce specified documents or records in a trial

special verdict
a special finding of the facts of a case by a jury leaving to the court the application of the law to the facts thus found

statute of limitations
a statute that declares that no actions of a specified kind be commenced after a specified period of time after the cause of action arose

stay
a stopping or suspension of procedure or execution by judicial or executive order

stipulation
an agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial - most stipulations must be in writing

special term
a court part set aside to hear specific types of cases

special proceedings
general term for remedies or proceedings which are not ordinary actions, e.g., condemnation

special referee (or referee)
the special referee has the authority to exercise judicial functions when assigned duties by the court to determine the following (1) to determine an issue (binding) (2) to perform an act (disclosure) (3) to hear and report - matrimonial actions may be included (NYS)

special master
a special master is an attorney appointed on an ad hoc basis to assist the court in hearing motions (NYS)

sine die
Without a date, as in an action being adjourned sine die. Legal process which commands a witness to appear and testify.

show cause
an order, decree, execution, etc., to appear as directed, and present to the court such reasons and considerations as one has to offer why it should not be confirmed, take effect, be executed, or as the case may be

short form order
an order prepared by the court

security for costs
An undertaking required by a court to cover the payment of costs if the judgment is against the depositor.

sequester
to separate, set apart, hold aside for safekeeping or awaiting some determination; jurors are sequestered when not permitted to return home until the case is closed

service
the exhibition or delivery of a writ, notice, etc., officially notifying a person of some action or proceeding in which that person is concerned

seal
to close a case file from public scrutiny - in instances of youthful offenders and acquittal, sealing orders are issued by the court to prevent the public from obtaining information on the cases

res
Subject matter

res judicata
a thing judicially acted upon or decided

respondent
One who formally answers the allegations stated in a petition which has been filed with the court. Also known as a defendant in a civil action

restore/ reinstate to calendar
to reinstate the action to active inventory

sanction
a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization

replevin
an action brought for the owner of items to recover possession of those items when those items were wrongfully taken or are being wrongfully kept

reply
a plaintiff's response to a defendant's answer when the answer contains a counterclaim

remittitur
legal process by which an appellate court transmits to the court below the proceedings before it, together with its decision, for such further action and entry of judgment as is required by the decision of the appellate court

relief
Legal remedy

remand
to send a case back from an appellate court to the lower court from which it came, for further proceedings

process
a legal means, such as a summons, used to subject a defendant in a lawsuit to the jurisdiction of the court; broadly, refers to all writs issued in the course of a legal proceeding

purge
To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of contempt of court)

recuse
To disqualify oneself as a judge

redact
to edit, revise

referee
a person to whom a cause pending in a court is referred by the court to take testimony, hear the parties, and report thereon to the court, or to make a judicial determination - the referee is an officer exercising judicial powers and is an arm of the court for a specific purpose

power of attorney
instrument authorizing one to act legally for another either generally or in a specified matter

precedent
previously adjudged action or decision on same or similar point, serving as a rule or example for present guidance

preclude
To prevent or stop

pro se
for oneself; in one's own behalf; in person; a pro se party is one who, without representation, acts as his/her own attorney

proceeding
the succession of events constituting the process by which judicial action is invoked and utilized pursuant to procedure

petit jury
the ordinary jury for the trial of a civil case (so called to distinguish it from the grand jury)

petition
a formal written request to a court, which initiates a special proceeding

petitioner
In a special proceeding, one who commences a formal written application, requesting some action or relief, addressed to a court for determination. Also known as a plaintiff in a civil action

plaintiff
the party bringing a civil action

pleadings
complaint or petition, answer, and reply

polling the jury
a practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict

parcel
a tract or a plot of land

part
a court room where specified business of a court is to be conducted by a judicial officer

party
Person having a direct interest in a legal matter, transaction or proceeding.

peremptory challenge
the challenge which may be used to reject a certain number of prospective jurors without assigning any reason

perjury
the act of lying or stating falsely under oath

opening statement
the first address of counsel prior to offering of evidence

oral proof
evidence given by word of mouth; the oral testimony of a witness

order
an oral or written direction of a court or judge

palimony
term has meaning similar to `alimony' except that award, settlement or agreement arises out of non-marital relationship of parties (i.e., non-marital partners)

notice of petition
Written notice of a petitioner that a hearing will be held in a court to determine the relief requested in an annexed petition.

nunc pro tunc
(now for then) presently considered as if occurring at an earlier date; effective retroactively

oath
a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one to a prosecution for perjury or other legal proceedings

notice of entry
A notice with an affidavit of service stating that the attached copy of an entered order or judgment has been served by a party on another party.

note of issue
a document filed with the court placing a cause on the trial calendar

non seq. (Non sequitur)
It does not follow

moot
(adj.) unsettled, undecided, not necessary to be decided

motion
an oral or written request to the court made by a party for a ruling or order

movant
the party who initiates the motion

natural person
Individual (does not include corporate entities)

negligence
conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm

minute book
A Court Clerk's Journal of Courtroom proceedings.

minutes
a record of court proceedings kept by noting significant events

mistrial
a trial which has been terminated and declared void prior to the reaching of verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a judgment for any party but merely indicates a failure of trial

military calendar
To hold in suspense an action that cannot reasonably be tried because a party or witness is in the military service.

material witness
person whose testimony on some issue has been judicially determined as relevant and substantial

memorandum decision
a written opinion or decision of a court on a litigated question, giving the court's conclusion on factual and legal issues (this may constitute the order of the court if so stated)

memorandum opinion
memorandum in writing, which is a very brief statement of the reasons for a decision, without detailed explanation

liber
a book used for keeping a record of specific documents or events having legal effect