Magistrate: A person who is not a judge but who is authorized to hear and decide certain types of cases. May attend certain court hearings in Juvenile Matters and provide reports. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. All other conduct not witnessed by the judge is indirect contempt. Change of Venue - Moving a lawsuit or criminal trial to another place for trial. Such policy or contract or plan or authorization shall include, but not be limited to, those issued or operating pursuant to any public or governmentally-sponsored or supported plan for health care coverage or services or those otherwise issued or operated by entities authorized pursuant to the public health law. .
A disposition of a criminal or motor vehicle case where the prosecutor agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute at any time during the next thirteen months. The Court is not privy to the actual negotiations, but is presented with a plea agreement for its approval or rejection. This involves at least temporarily denying a person of liberty and may involve the use of force. Seal - The Clerk of Court symbol of authenticity. Power of Attorney — Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property. Chattels: All property except real property; personal property. Filling one out can happen at a number of locations including the conference room of a law firm or at the offices of a notary public where a court authorized representative can watch you sign the affidavit.
Due process prohibits the government from prosecuting a defendant who is not competent to stand trial. If probation is completed satisfactorily, the charges are dismissed. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals. At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Living Trust - A trust set up and in effect during the lifetime of the grantor. Thirdly, a counterclaim may be filed by way of a subsequent pleading under Rule 9.
Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case. Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. J judge - Government official with authority to decide lawsuits brought before courts. Also, a decision by a higher court finding that a lower court decision was in error. Parol Evidence Rule — When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement. The same example above would equal a total effective sentence of 20 years.
There are two kinds of bonds: Non-financial bonds: a Non-surety bond where the defendant's signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Interrogatories - Written questions asked by one party in a lawsuit for which the opposing party must provide written answers. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit. In summary process eviction cases, the return date is any week day, Monday through Saturday, except a holiday, usually 7 to 10 days from the date the clerk signs the summons if the summons is signed by the clerk. Reasonable Person - A phrase used to denote a hypothetical person who exercises the qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others.
Usually heard before trial begins. Service - The delivery of a legal document, or of a requirement to appear in court, by an officially authorized person in accordance with the formal requirements of the applicable laws. A marshal can also serve give copies of legal papers to the other people named in a lawsuit. Courts are often bound by the decisions of appellate courts with authority to review their decisions. Docket Number: A unique number the court clerk assigns to a case.
It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law. Indigent: Someone without enough money to either support himself or herself or his or her family. Example 2: Rebecca was with her friends when they decided to shoplift alcohol from a local convenience store. Referee: Judges who reach the mandatory retirement age of 70 may be designated as Judge Trial Referees by the Chief Justice and can hear and decide certain types of cases. A written contract is an agreement made on a printed document that has been signed by both the lender and the borrower.
A written statement of by someone who has sworn to tell the. State Referee: A retired judge who presides over cases referred by the court with agreement of counsel for both parties. Requiring a witness to take an oath of truth is intended to dissuade him from telling untruths during testimony, but for many individuals, the oath itself has no teeth. Special Damages - Damages that are the actual, but not necessary, consequence of a breach of contract or injury. Allegation - A statement of the issues in a written document a pleading that a person is prepared to prove in court.
Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment to the U. Attorney-at-Law — A licensed advocate or counsel authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, or otherwise represent the interests of citizens. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Statute — Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct. Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury.