New York Court Help -

Click on a letter below to go to words or terms that start with that letter or scroll through the list using the scroll bar.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

Glossary of Common Legal Terms

A ACQUIT: A decision by the trial jury or judge that a person is not guilty of an offense.
ACTION: A legal demand for a right asserted by instituting a case in court.
ADJOURNMENT: To temporarily postpone or reschedule the proceedings of a case until a future time.
ADJUDICATION
: A judgment or decree.
AFFIDAVIT
: A sworn or affirmed statement made in writing and signed.
AFFIRM
: (a) An appellate court’s act of upholding as correct a judgment or decision of a lower court; (b) An act of declaring something to be true under the penalty of perjury.
ALLEGATION
: The act of a party to a legal action of stating what he/she intends to prove.
ANSWER
: A pleading submitted by a defendant or respondent in response to allegations asserted by the plaintiff or petitioner.
APPEAL: A proceeding to have a case examined by a higher court to see if a lower court’s proceedings and decisions were made correctly.
APPEARANCE
: When a defendant submits to the jurisdiction of the court.
APPELLATE: The party appealing a judgment or decision to a higher court.
APPELLEE
: The victorious party against whom an appeal is brought.
ARTICLE 78
: A special proceeding brought to challenge the activities of an administrative agency.
ARTICLE 81
: A special proceeding under the Mental Hygiene Law to name a person as the guardian of another. Once appointed, the guardian is invested with the power and charged with the duty of taking care of the person and managing the property and rights of that person, who is considered incapable of administering his or her own affairs.
ARRAIGNMENT
: Formal proceeding where a defendant appears in court and is apprized of the allegations against him or her.
ARREST WARRANT
: A court order directing a peace officer to arrest/seize a named person to bring her or him before the court for arraignment.
ASSIGNED COUNSEL
: An attorney assigned by the court to represent a defendant without charge.

B BAIL: Cash, bond or other security deposited with the court in order to obtain the release of a defendant. The Surety, who is the party posting bail, undertakes an obligation to produce the defendant as required before the court.
BENCH WARRANT
: An order issued by the court for the arrest of a defendant who has failed to appear in court as directed.
BRIEF
: A written document submitted by a party to an action setting forth relevant facts and law.

C CAPTION: The heading of a pleading or case file, indicating the parties, the court, case number and other pertinent information.
CAUSE
: An action.
CHAMBERS
: A judge’s office.
CHANGE OF VENUE
: The removal of an action to another jurisdiction for legal reasons.
CITATION OR CITE
: A group of numbers and letters used to locate a previously decided case in a law casebook. Ex. 15 N.Y. 2d 500 - Look to Volume 15 of the New York Reports Second Series, page 500.
COMMIT
: The power of a court to order a person to a correctional institution, mental hospital or juvenile reformatory.
COMPETENCY
: A determination by the court that a person is legally fit and qualified to give evidence.
COMPLAINANT
: A plaintiff.
COMPLAINT
: The initial pleading in an action formally setting forth the allegations in issue.
CONCUR
: Opinion of a judge or justice of an appellate court which is in agreement with the decision rendered by another judge for the same or different reasons.
CONCURRENT SENTENCE
: When a court order permits two or more sentences to be served at the same time as opposed to consecutively.
CONTEMPT OF COURT
: An act done with the intent to embarrass, hinder or obstruct a court from the administration of justice. Direct contempt is an act done in the presence of the court. Indirect contempt is the wilful disobedience of a court order.
CONVICTION
: A finding of guilt by plea or trial.
COUNTERCLAIM
: Claim presented by a defendant in opposition to those claims asserted by the plaintiff.
CRIME
: An offense which is enumerated in any law governing conduct as a misdemeanor or a felony. (Note: infractions and violations are not crimes.)
CROSS-EXAMINATION
: The questioning by a party or his/her attorney of another party or a witness called by another party.

D DECEDENT: A deceased person.
DEFENDANT
: 1) Civil case - the party being sued; (2) Criminal case - the party accused of committing the offense charged.
DE NOVO
: From the Latin for “anew”; usually used to mean a new trial.
DECREE
: Decision or order of the court.
DEFAULT
: When a party fails to answer or appear in the proscribed time period.
DEPOSITION
: Written testimony of a witness who may not be present in court.
DISCOVERY
: Where one party obtains information or facts about the action pursuant to statutory rules.
DISMISSAL
: An order by the court ending an action for a specified reason. A dismissal permits a party to institute the same action again.
DUE PROCESS: Law in its regular course of administration through courts of justice. Due process means that no person may be deprived of life liberty or property or of any right granted by statute, unless the matter involved shall first be adjudicated upon a trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing.

E ENJOIN: To require an individual to refrain or to perform an act.
ENTRAPMENT: The acts by agents of the government to induce a person to perform a criminal act for the purpose of prosecuting that individual.
ESCHEAT: The right of the state to property in the absence of anyone to inherit it.
ESCROW: A deed, writing or fund delivered to one person to be held until specified acts are performed or certain conditions are met.
ESTOP: To bar or impede
EX PARTE: By or for one party done outside the presence of the other party.

F FALSE ARREST: An unlawful physical restraint of an individual.
FELONY: A serious crime, punishable by a term of incarceration greater then one year.
FIDUCIARY: One who is authorized to act for another concerning the subject matter of the trust.
FORECLOSURE: A proceeding whereby a mortgagee (usually a bank) seeks to take title to or forces the sale of the mortgagor’s (for example, a homeowner) property in satisfaction of a debt.
FRAUD: An intentional misrepresentation, deceit or perversion of the truth.
I INCOME EXECUTION: A method to satisfy a judgment by levying a portion of the defendant's wages.
INDETERMINATE SENTENCE: A sentence without a definite term. For example a sentence of "x to y years” or a sentence of “not more then x but not less than y years.”
INDICTMENT: A written accusation voted by a grand jury.
INJUNCTION: A order issued by the court directing a person to do or refrain from certain action.
INSTRUCTION: Direction given by the judge to the jury.
INTERROGATORIES: Written questions proffered by one side which must be answered in writing by the other side as part of the discovery process in an action.
INTESTATE: When an individual dies without leaving a will.

J JUDGMENT: Final decision of a court, resolving the matter in dispute.
JURISDICTION
: The geographical and "type of actions" limitations of a court. For example Westchester County Family Court has jurisdiction over family matters within the limits of Westchester County.
JURY: A certain number of individuals determined by law who are sworn to inquire into certain matters of fact.
JUVENILE OFFENDER: A 13, 14 or 15 year old charged with acts constituting murder in the second degree or a 14 or 15 year old charged with acts constituting certain serious offenses enumerated in the criminal code.

K

L LIEN: A claim, encumbrance, or charge on property for payment of some debt obligation or duty.
LIS PENDENS: A pending suit. Jurisdiction, power or control which courts acquire over property in suit pending action and until final judgment. A notice of lis pendens is filed on public records for the purpose of warning all persons that title to certain property is in litigation, and that they may be bound by an adverse judgment.

M MARSHAL: A law enforcement official who is authorized, pursuant to a warrant of eviction, to remove one party from a premises and to turn over possession to the other party.
MISDEMEANOR: A lesser level of crime punishable by a term of incarceration of one year or less.
MISTRIAL: An invalid trial.
MOTION: An oral or written request made by a party to the court for specific relief.

N NEGLIGENCE

The failure to do something that a reasonable person guided by ordinary considerations would do, or something a reasonably prudent person would not do.

NO TRUE BILL

A decision by a grand jury not to return an indictment.

NOLO CONTENDERE

From the Latin meaning “no contest.

O OBJECTION: The act of taking exception to a statement or ruling in a trial.
OFFENSE: Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law, statute, or rule governing conduct.
ORDER TO SHOW CAUSE: A court order to appear as directed and present to the court such reasons why a particular decree should not be made.

P PAROLE: The conditional release of a prisoner under supervision before the termination of the sentence of imprisonment.
PEREMPTORY CHALLENGE: The right of a party to dismiss a prospective juror without citing a reason.
PETITIONER: The party initiating a proceeding or the party bringing an appeal to a higher court.
PLAINTIFF
: An individual who brings a civil action.
PLEA: A criminal defendant's response to the charges, i.e. guilty, not guilty or not guilty by reason of insanity.
PLEADING: The process by which the parties in an action present their causes of action and arguments.
POLLING THE JURY
: Asking individual jurors whether they assent to a reported verdict.
POOR PERSONS ORDER
: An order of a court finding a person unable to pay the costs, fees and expenses necessary to prosecute or defend an action or appeal. Once the status is granted, the poor person is not liable for the costs or fees in the action.
POWER OF ATTORNEY
: Authorization for one person to act as the agent of another.
PRELIMINARY HEARING
: A pretrial hearing conducted by a judge to determine if an individual should be held to answer for criminal charges.
PROSECUTOR
: A district attorney, attorney general, their assistants or any other public official who represents the people in a criminal action.
PRESENTENCE REPORT
: A report filed with the court by the Department of Probation, which contains information about the defendants prior criminal history and background, as well as a summary of the instant case. The report may also contain a statement by the victim and prosecutor. This report is made to aid the judge in formulating a just sentence.
PRIVILEGED COMMUNICATIONS OR INFORMATION: Made between persons in a particular relationship which is not subject to disclosure without the permission of the individual benefitting from the privilege (i.e., attorney-client; husband-wife; doctor-patient.)
PRO SE: Appearing on one’s own behalf without an attorney.
PRO BONO: Legal services provided without cost.
PROBATE: The process of proving a will.
PROBATION: In criminal law a sentence served outside of prison under direct supervision according to a specified set of conditions.