Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/108

Click to flip

108 Cards in this Set

  • Front
  • Back
Acknowledgement
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.
Action
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.
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.
Affiant
One who swears to an affidavit; deponent
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
Affirmed
Upheld, agreed with (e.g The Appellate Court affirmed the judgment of the City Court)
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 responds to and/or denies the allegations of the plaintiff
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
Appellant
The party who takes an appeal to a higher court
Appellee
The party against whom an appeal is taken
Argument
A reason given in proof or rebuttal
At issue
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”
Attestation
the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness
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
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 conclusions.
Calendar
A schedule of matters to be heard in court
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.
Cause of Action
grounds on which a legal action may be brought (e.g property damage, personal injury, work labor and services)
Certiorari
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
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.
Chattel
Article of personal property
Complaint
the initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is based.
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)
Counsel
lawyer or attorney
Counterclaim
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
Crossclaim
claim litigated by co-defendants or co-plaintiffs against each other and not against a party on the opposite side of the litigation
Cross-examination
questioning by a party or his attorney of an adverse party or witness called by an adverse party.
Decision
the determination reached by a court in any judicial proceeding, which is the basis of the judgment
Default
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
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
Discovery (or disclosure)
a proceeding whereby one party to an action may be informed as to facts known by the other parties or witnesses
Dissolution of Marriage
the effect of a judgment of dissolution of marriage is to restore the parties to the state of unmarried persons
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, 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
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
Estoppel
a rule of law which prevents a person from alleging or denying a fact because of his own previous act
Examination Before Trial (EBT)
a formal interrogation of parties and witnesses before trial
Fiduciary
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
Finding
the court’s or jury’s decision on issues of fact
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
Guardian ad litem
person appointed by a court to represent a minor or incompetent for purpose of some litigation.
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
Impaneling
the process by which jurors are selected and sworn to their task
In Camera
in the judge’s chambers out of the presence of the jury and the public
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
Index Number
a number issued by the county clerk, which is used to identify a case
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
Judgment
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
Jury
a prescribed number of persons selected according to law and sworn to making findings of fact.
Jury Instructions
directions given by the judge to the jury
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 conduct; or one’s responsibility for causing an injury
Lien
a claim upon property of another as security for some debt
Litigant
party to an action
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.
Mistrial
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
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 entitities)
Negligence
conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm
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
Opening statement
the first address of counsel prior to the offering of evidence
Order
an oral or written direction of a court or judge
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
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
Plaintiff
the party bringing a civil action
Pleadings
complaint or petition, answer or reply
Proceeding
the succession of events constituting the process by which judicial action is invoked and utilized pursuant to procedure
Process
a legal means, such as a summons, used to subject a defendant in a lawsuit to the jurisdiction of the court
Pro se
for oneself; in one’s own behalf; in person; a pro se party is one who, without representation, acts as his own attorney
Relief
legal remedy
Remand
to send a case back from an appellate court to the lower court from which it came, for further proceedings
Reply
a plaintiff’s response to a defendant’s answer when the answer contains a counterclaim
Respondent
one who formally answers the allegations stated in a petition which has been filed with the court.
Sanction
a penalty or punishment provided as a means of enforcing obedience to a law, rule or code
Separation
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
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
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
Subpoena
legal process which commands a witness to appear and testify
Subpoena Duces Tecum
a subpoena requiring a person to produce specified documents or records at trial
Subpoena (judicial)
an order issued by the Court to a person to attend court and give testimony.
Summary judgment
a determination in an action on the grounds that there is no genuine issue of fact.
Summons
a form used to commence a civil action and acquire jurisdiction over a party
Testimony
an oral declaration made by a witness or party under oath
Tort
an injury or wrong committed, either with or without force, and either intentionally or negligently, to the person or property of another.
Trial
the formal examination of a legal controversy in court so as to determine the issue.
Vacate
to set aside a previous action
Venue
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.
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.
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