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

conservator
one who is appointed by a court to manage the affairs of a protected person

consolidate
A joining of two or more actions to be tried together.

consolidated action
two or more actions involving a common question of law or fact may be consolidated by the court; the actions then are merged, becoming one action with one title, and they result in one verdict and one judgment

common law
the body of law which originated in England and upon which present day U.S. law is based

compensatory damages
reimbursement for actual loss or injury, as distinguished from exemplary or punitive damages

complaint
the initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is based

condemnation
see eminent domain

consanguinity
Related by blood.

chattel
article of personal property

citation
1) summons to appear; 2) reference to authorities in support of an argument

clerk's minutes
notes, which are taken by a clerk, of events that occurred in court

commissioner of jurors
a person in charge of summoning citizens for jury duty

commitment
an order to commit a person to the custody of a sheriff, commissioner of corrections, or mental health facility

certiorari
a proceeding in the state Supreme Court under Art. 78 of the CPLR to review the decisions or actions of a public official or body, as in a tax certiorari matter, a review of the tax assessed challenge an exception taken to a juror before he/she is sworn challenge for a challenge based on a legally specified reason

change of venue
the removal of a suit begun in one county or district to another county or district for trial, though the term may also apply to the removal of a suit from one court to another court of the same county or district

charge to jury
in trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision

certify
to testify in writing

case file
the court file containing papers submitted in a case

cause of action
grounds on which a legal action may be brought (e.g., property damage, personal injury, goods sold and delivered, work labor and services).

certificate of readiness
a document attesting that the parties in a lawsuit are ready to go to trial

certified copy
Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).

brief
a written or printed document prepared by the lawyers on each side of a dispute and submitted to the court in support of their arguments - a brief includes the points of law which the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on which the lawyer rests his/her conclusions.

calendar
a schedule of matters to be heard in court

calendar call
the calling of matters requiring parties, or their attorneys, to appear and be heard, usually done at the beginning of each court day

caption
in a pleading, deposition or other paper connected with a case in court, it is the heading or introductory clause which shows the names of the parties, name of the court, number of the case on the docket or calendar, etc.

bifurcated trial
a case in which the trial of the liability issue in a personal injury or wrongful death case is heard separate from and prior to trial of the damages in question

bill of costs
A written statement of the itemized taxable costs and disbursements

bill of particulars
factual detail submitted by a claimant after a request by the adverse party which details, clarifies or explains further the charges and/or facts alleged in a pleading

bench
The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)

bar
1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.

bail
the security given (or posted) to ensure the future appearance of a defendant

award
A decision of an Arbitrator.

argument
a reason given in proof or rebuttal

attachment
The taking of property into legal custody by an enforcement officer (see specialty section

attestation
the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness

attorney of record
attorney whose name appears in the permanent records or files of a case

appearance
the participation in the proceedings by a party summoned in an action, either in person or through an attorney

appellant
the party who takes an appeal to a higher court

appellee
the party against whom an appeal is taken

arbitration
the submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of a court or its confirmation by the court as a judgment of the court

appeal
a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law

alternate juror
a juror selected as substitute in case another juror must leave the jury panel

amend
To change.

amicus curiae
A Friend of the Court. A non-party to a proceeding that the Court permits to present its views.

annul
to make void, as to dissolve the bonds of marriage

answer
a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the plaintiff

affirmed
Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City Court).

allegation
the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove

allege
To assert a fact in a pleading.

affirmation
A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

affidavit
a sworn or affirmed statement made in writing and signed; if sworn, it is notarized

affidavit of service
an affidavit intended to certify the service of a writ, notice, or other document

affinity
Related by marriage; family relation from one's spouse's family.

affirm
an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons

affiant
one who swears to an affidavit; deponent

ad damnum
clause of a pleading alleging amount of loss or injury

adjournment
a temporary postponement of the proceedings of a case until a specified future time

adjudicate
to hear or try and determine judicially

adversary
An opponent. The defendant is the plaintiff's adversary.

adversary system
the system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the court

actual place of business
Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business (sec. 308.6 CPLR).

acquit
the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge

action
a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

acknowledgment
the act of going before a qualified officer (e.g., Clerk) and declaring the validity of the document. The officer certifies same, whose certification is known as the acknowledgment