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

lien
a claim upon the property of another as security for some debt

litigant
Party to a legal action

long form order
an order prepared by counsel for signature of the court (usually based on a memorandum decision)

maintenance
the furnishing by one person to another the means of living, or food, clothing, shelter, etc., particularly where the legal relations of the parties is such that one is bound to support the other, as between parent and child or between spouses

liability
an obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one's responsibility for his/her conduct; or one's responsibility for causing an injury

legal aid
system by which legal services are rendered to those in financial need who cannot afford private counsel

legal age
Eighteen (18) years of age. See CPLR Section 1206.

laches
the failure to diligently assert a right, which results in a refusal to allow relief

jurisdiction
the geographical, subject matter, and monetary limitations of a court

jury
a prescribed number of persons selected according to law and sworn to make findings of fact

jury (advisory)
a body of jurors impaneled to hear a case in which the parties have no right to a jury trial - the judge remains solely responsible for the findings and may accept or reject the jury's verdict

jury instructions
directions given by the judge to the jury

judgment
A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based

judgment roll
a record of the judgment with the supporting papers

judicial hearing officer (JHO)
a person who has served as a judge or justice of a court of record of the Unified Court System, and who no longer is serving in such capacity, except a person who was removed from a judicial position pursuant to Section 22 of Article VI of the Constitution

interpreter
a person sworn at a judicial proceeding to translate oral or written language

interrogatories
written questions propounded by one party and served on an adversary, who must provide written answers thereto under oath

intestate
a person who dies without a will

joint trial
two or more actions involving a common question of law or fact may be joined by court order for trial - the actions are not merged but remain separate and distinct and may result in one or more verdicts and judgments

injunction
a court order for a party to stop doing or to start doing a specific act

inquest
a proceeding which usually is a limited non-jury trial for the purpose of fixing the amount of damages where the plaintiff or defendant alone introduces testimony.

inter alia
Among other things.

interlocutory
provisional; temporary; not final - refers to orders and decrees of a court

interpleader
action by which one having possession of an article or fund claimed by two parties may compel them to litigate the title between themselves, instead of with him/her

infant's compromise
a civil proceeding or motion for obtaining court approval of the settlement of an infant's claim

individual assignment system (IAS)
a system, established for all civil actions and proceedings heard in Supreme and County Court, which provides for the continuous supervision of each action and proceeding by a single judge (NYS)

indorsed complaint
A statement of the nature and substance of the cause of action, for money only, which indicates the amount of the claim. It may be set forth upon the summons or attached to it. INFANT An individual who has not attained the age of eighteen (18).

index number
a number issued by the county clerk, which is used to identify a case - in civil matters there is usually a charge

in camera
in the judge's chamber out of the presence of the jury and the public

in re
In the matter of; concerning.

in rem
Regarding the right or title to property.

incompetency
lack of legal qualification or fitness (physical, intellectual or moral fitness) to discharge a legally required duty or to handle one's own affairs; also relates to matters not admissible in evidence

indemnity
Security against loss or damages, exemption from penalty or liability, amount paid as compensation under an indemnity agreement.

hearsay
a type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence

hung jury
a jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict

impaneling
the process by which jurors are selected and sworn to their task

impleader
An addition of a third party to an action by the defendant.

hearing
a preliminary examination where evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence

guardian ad litem
person appointed by a court to represent a minor or incompetent for purpose of some litigation

habeas corpus
You have the body. - the name given a variety of writs whose object is to bring a person before a court or judge - in most common usage, it is directed to the official or person detaining another, commanding him/her to produce the body of a person detained so the court may determine if such person has been denied his/her liberty without due process of law

full faith and credit
A requirement of the U.S. Constitution that the records and judicial proceedings of one state shall have the same effect in courts of other states with the same jurisdiction.

garnish
to attach a portion of the wages or other property of a debtor to secure repayment of the debt

garnishee
A person who owes a debt to a judgment debtor, or a person other than the judgment debtor who has property in his/her possession or custody in which a judgment debtor has an interest

forum
A judicial tribunal or a place of jurisdiction. A meeting for discussion.

foreperson
a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court

fee
a fixed charge for service rendered on behalf of court

fiduciary
a person or institution who manages money or property for another, and who must exercise a standard of care in such management activity imposed by law or contract

finding
the court's or jury's decision on issues of fact

fine
a sum imposed as punishment for an offense

first paper
Paper instituting the action (e.g., Summons, Motion, Infants's Compromise).

foreclosure
a legal proceeding that bars or extinguishes right

fair preponderance
Level of proof in a civil action; more than half; more convincing.

expunge
the authorized act of physically destroying information, in files, computers or other depositories

examination before trial (EBT)
a formal interrogation of parties and witnesses before trial

exemplification
An official transcript of a document from public records, made in a form to be used as evidence and authenticated or certified as a true copy, (e.g. exemplification of a judgment).

exhibit
a paper, document or other article produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence

evidence
a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury

execution
(1) the performance of all acts necessary to render a written instrument complete, such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to take the necessary steps to collect the judgment

ex parte
a proceeding, order, motion, application, request, submission etc., made by or granted for the benefit of one party only; done for, in behalf of, or on application of one party only

equitable distribution
the power to distribute equitably upon divorce all property legally and beneficially acquired during marriage by husband and wife or either of them, whether legal title lies in their joint or individual names

estop
to stop, bar, or impede

estoppel
a rule of law which prevents a person from alleging or denying a fact, because of his/her own previous act

et ano
And another.

eviction, warrant of
Legal mandate authorizing an enforcement officer to remove persons and their personal property from their premises.

enjoin
to require a person, by writ of injunction from a court of equity, to perform or to abstain or desist from some act

equitable action (equity matter)
an action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation

docket
a document which summarizes a case

domicile
that place where a person has a true and permanent home - a person may have several residences, but only one domicile

easement
right held by one person to use the land of another for a special purpose

eminent domain
the power to take private property for public use by condemnation, i.e., the legal process by which real estate of a private owner is taken for public use without the owner's consent, but upon the award and payment of just compensation

dismissal without prejudice
Action dismissed, not on the merits, which may be re-instituted.

dispose
the act of terminating a judicial proceeding

disposition
the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentence

dissolution of marriage
the effect of a judgment of dissolution of marriage is to restore the parties to the state of unmarried persons

dismissal with prejudice
Action dismissed on the merits which prevents renewal of the same claim or cause of action.

dismissal
termination of a proceeding for a procedurally prescribed reason

discovery (or disclosure)
a proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses

defendant
the party being sued or the party accused of committing the offense charged

deliberation
the process by which a panel of jurors comes to a decision on a verdict

deponent
One who testifies under oath to the truth of facts.

deposition
sworn testimony of a witness

direct examination
the first interrogation of a witness by the party on whose behalf the witness is called

directed verdict
an instruction by the judge to the jury to return a specific verdict

date-stamp
the stamping on a document of the date it is received

de novo
From the beginning, a new trial.

decision
the determination reached by a court in any judicial proceeding, which is the basis of the judgment

declaratory judgment
one fixing rights of parties without ordering anything to be done

decree
a decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final

crossclaim
claim litigated by co-defendants or co-plaintiffs against each other and not against a party on the opposite side of the litigation

damages
Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

court of limited jurisdiction
A City Court, District Court or other court that has jurisdiction only over actions authorized by law.

court reporter
a person who transcribes by shorthand or stenographically takes down testimony during court proceedings

cross- examination
questioning by a party or his attorney of an adverse party or a witness called by an adverse party

costs
The statutory sum awarded to the successful party when a judgment is entered. (Section 1901 all Court Acts.)

counsel
Lawyer or attorney.

counterclaim
1. In civil actions, a claim brought by a defendant against the plaintiff for an unlimited amount of money. 2. In small claims/commercial claims, a claim brought by a defendant against the plaintiff for an amount not to exceed the maximum monetary jurisdiction allowed in the small claims/commercial claims court.

contempt of court
an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority

contested action
an action which involves disputed issue(s) of fact or law

contract
a legally enforceable agreement between two or more persons or parties (oral or written)

corroborate
to strengthen; to add weight by additional evidence