Law Final Vocab

Front 1

Acknowledgement

Back 1

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 acknowledgement.

Front 2

Action

Back 2

a civil 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.

Front 3

Adjournment

Back 3

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

Front 4

Adjudicate

Back 4

to hear or try and determine judicially

Front 5

Adversary

Back 5

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

Front 6

Affiant

Back 6

One who swears to an affidavit; deponent

Front 7

Affidavit

Back 7

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

Front 8

Affidavit of Service

Back 8

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

Front 9

Affirmed

Back 9

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

Front 10

Alternate juror

Back 10

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

Front 11

Amend

Back 11

to change

Front 12

Amicus Curiae

Back 12

A friend of the court. A non-party to a proceeding that the Court permits to present its views

Front 13

Annul

Back 13

To make void, as to dissolve the bonds of marriage

Front 14

Answer

Back 14

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

Front 15

Appeal

Back 15

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

Front 16

Appellant

Back 16

The party who takes an appeal to a higher court

Front 17

Appellee

Back 17

The party against whom an appeal is taken

Front 18

Argument

Back 18

A reason given in proof or rebuttal

Front 19

At issue

Back 19

Whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be”at issue”

Front 20

Attestation

Back 20

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

Front 21

Bill of Particulars

Back 21

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

Front 22

Brief

Back 22

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 conclusions.

Front 23

Calendar

Back 23

A schedule of matters to be heard in court

Front 24

Caption

Back 24

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.

Front 25

Cause of Action

Back 25

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

Front 26

Certiorari

Back 26

a proceeding in the state Supreme Court under Article 78 of the CPLR to review the decisions or actions of a public official or body

Front 27

Charge to jury

Back 27

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.

Front 28

Chattel

Back 28

Article of personal property

Front 29

Complaint

Back 29

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

Front 30

Contempt of Court

Back 30

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

Front 31

Contested Action

Back 31

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

Front 32

Contract

Back 32

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

Front 33

Counsel

Back 33

lawyer or attorney

Front 34

Counterclaim

Back 34

1. In civil actions, a claim brought by a defendant against a 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 court

Front 35

Crossclaim

Back 35

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

Front 36

Cross-examination

Back 36

questioning by a party or his attorney of an adverse party or witness called by an adverse party.

Front 37

Decision

Back 37

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

Front 38

Default

Back 38

a “default” in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial

Front 39

Defendant

Back 39

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

Front 40

Deliberation

Back 40

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

Front 41

Deponent

Back 41

one who testifies under oath to the truth of facts

Front 42

Deposition

Back 42

sworn testimony of a witness

Front 43

Direct Examination

Back 43

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

Front 44

Directed Verdict

Back 44

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

Front 45

Discovery (or disclosure)

Back 45

a proceeding whereby one party to an action may be informed as to facts known by the other parties or witnesses

Front 46

Dissolution of Marriage

Back 46

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

Front 47

Domicile

Back 47

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

Front 48

Easement

Back 48

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

Front 49

Eminent Domain

Back 49

the power to take private property for public use by condemnation, ie, 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

Front 50

Equitable Distribution

Back 50

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

Front 51

Estoppel

Back 51

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

Front 52

Examination Before Trial (EBT)

Back 52

a formal interrogation of parties and witnesses before trial

Front 53

Fiduciary

Back 53

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

Front 54

Finding

Back 54

the court’s or jury’s decision on issues of fact

Front 55

Foreperson

Back 55

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

Front 56

Guardian ad litem

Back 56

person appointed by a court to represent a minor or incompetent for purpose of some litigation.

Front 57

Hearing

Back 57

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

Front 58

Impaneling

Back 58

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

Front 59

In Camera

Back 59

in the judge’s chambers out of the presence of the jury and the public

Front 60

Incompetency

Back 60

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

Front 61

Index Number

Back 61

a number issued by the county clerk, which is used to identify a case

Front 62

Interrogatories

Back 62

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

Front 63

Intestate

Back 63

a person who dies without a will

Front 64

Judgment

Back 64

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

Front 65

Jury

Back 65

a prescribed number of persons selected according to law and sworn to making findings of fact.

Front 66

Jury Instructions

Back 66

directions given by the judge to the jury

Front 67

Liability

Back 67

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

Front 68

Lien

Back 68

a claim upon property of another as security for some debt

Front 69

Litigant

Back 69

party to an action

Front 70

Maintenance

Back 70

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.

Front 71

Mistrial

Back 71

a trial which has been terminated and declared void prior to the reaching of a 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

Front 72

Motion

Back 72

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

Front 73

Movant

Back 73

the party who initiates the motion

Front 74

Natural person

Back 74

individual (does not include corporate entitities)

Front 75

Negligence

Back 75

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

Front 76

Oath

Back 76

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

Front 77

Opening statement

Back 77

the first address of counsel prior to the offering of evidence

Front 78

Order

Back 78

an oral or written direction of a court or judge

Front 79

Party

Back 79

person having a direct interest in a legal matter, transaction or proceeding

Front 80

Peremptory challenge

Back 80

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

Front 81

Petition

Back 81

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

Front 82

Petitioner

Back 82

in a special proceeding, one who commences a formal written application, requesting some action or relief

Front 83

Plaintiff

Back 83

the party bringing a civil action

Front 84

Pleadings

Back 84

complaint or petition, answer or reply

Front 85

Proceeding

Back 85

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

Front 86

Process

Back 86

a legal means, such as a summons, used to subject a defendant in a lawsuit to the jurisdiction of the court

Front 87

Pro se

Back 87

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

Front 88

Relief

Back 88

legal remedy

Front 89

Remand

Back 89

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

Front 90

Reply

Back 90

a plaintiff’s response to a defendant’s answer when the answer contains a counterclaim

Front 91

Respondent

Back 91

one who formally answers the allegations stated in a petition which has been filed with the court.

Front 92

Sanction

Back 92

a penalty or punishment provided as a means of enforcing obedience to a law, rule or code

Front 93

Separation

Back 93

in matrimonial law, a cessation of cohabitation of husband and wife by mutual agreement, or in the case of “judicial separation” under the decree of a court

Front 94

Service

Back 94

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

Front 95

Statute of Limitations

Back 95

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

Front 96

Subpoena

Back 96

legal process which commands a witness to appear and testify

Front 97

Subpoena Duces Tecum

Back 97

a subpoena requiring a person to produce specified documents or records at trial

Front 98

Subpoena (judicial)

Back 98

an order issued by the Court to a person to attend court and give testimony.

Front 99

Summary judgment

Back 99

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

Front 100

Summons

Back 100

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

Front 101

Testimony

Back 101

an oral declaration made by a witness or party under oath

Front 102

Tort

Back 102

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

Front 103

Trial

Back 103

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

Front 104

Vacate

Back 104

to set aside a previous action

Front 105

Venue

Back 105

1. geographical place where some legal matter occurs or may be determined. 2. the geographical area within which a court has jusrisdiction. It relates only to a place or territory within which either party may require a case to be tried. A defect in venue may be waived by the parties.

Front 106

Verdict

Back 106

the determination of a jury on the facts

Front 107

Verification

Back 107

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

Front 108

Voir Dire

Back 108

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