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Legal terms

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cirovani's version from 2017-03-13 05:59

Section

Question Answer
Acquit decision by jury of judge that person not guilty of offense
Actiona legal demand for a right asserted by instituting a case in court
Adjournementto temporarily postpone or reschedule proceedings in court to a later date
Affidavita sworn or affirmed statement made in writing and signed
Affirm (2) Higher court confirming decision of lower court or act declaring something to be true under threat of perjury
Allegationthe act of a party to a legal action stating what they intend to prove.
Answer A pleading submitted by a defendant or respondent in response to allegations asserted by the plaintiff or petitioner
Appealproceeding to have a case examined by a higher court
Appearancewhen a defendant submits to the jurisdiction of the court
Appellatethe party appealing the matter to a higher court
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Question Answer
briefwritten document submitted by a party to an action setting forth the facts and law
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Question Answer
Citation or citeprevious case by group of numbers or letters
Commitpower of court to commit
Competencydetermination by court that legally fit and qualified to give evidence
Complainantplaintiff
Complaintinitial pleading in an action setting forth allegations in issue
Concuragreement by judge with another judges decision
Concurrent sentencetwo simultaneously
Conservatora person appointed to manage the affairs of one considered incompetent
Crimeoffence enumerated in law that is a misdemeanor or felony but infractions and violations are not crimes
Decedentdeceased person
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Question Answer
Decreejudicial decision of the court
Defendantcivil being sued, criminal accused
De novo new
Decreedecision of court
Default party fails to appear or answer in the allotted time period
Depositionwritten testimony of a witness that may not be present in court
Devisetransfer of real property through a will
Deviseea person receiving property through a will
Devisorthe person transferring property through a will , testator.
Discoverywhere one party gets information or facts about action pursuant to court rules
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Question Answer
Dismissalorder by court ending an action for a specified reason. Dismissal permits party to institute same action again
Divisionsrecords in the probate process ( all records, beneficiaries, distributions etc) most helpful source of family information in a intestate case
Dower rightsrights that non- owner spouse has in real property
Due processno person can be deprived of life, liberty or property or of any right granted by statue unless adjudicated upon a trial conducted according to established rules regulating judicial proceedings and it forbids condemnation without a hearing
Enjointo require an individual to refrain or to perform an act
Entaillimit inheritance of real property to specified line of decent (Such as eldest child)
Entrapmentagents of the government to induce a person to commit a criminal act for the purpose of prosecuting that person
Escheatthe right of the state to property in the absence of anyone to inherit it
Estopbar or impede
Executorperson named in will as executor
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Question Answer
Feme solosingle woman
False arrestunlawful physical restraint
Felonycrime punishable my one year of more
Fiduciaryone who is authorized to act for another concerning the matter of the trust, a person holding assets for another (Executor, administrator, guardian or trustee)
Final accountfinal accounting of estate how it was distributed
Forclosureproceeding where mortgagee seeks to take title or force sale to satisfy debt
FraudIntentional misrepresentation, deceipt of perversion of the truth
Garnishmentmethod of satisfying outstanding debt by seizing property of credits of the debtor held by third parties.
Guardianshiplegal arrangement where guardian has legal right and duty to care for another and his property
Grand jurygroup of 16 to 23 individuals impaneled to hear evidence to decide if probable cause exists that a crime has been committed, and a indictment should be returned.
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Question Answer
Guardian ad litemappointed to look after affairs of a child or incompetent
Habeus corpusthe bringing of a person before a court for judge to determine if he is being unlawfully deprived of his liberty
Hearsayan out of court statement being offered for its truth of its contents
Heirperson who inherits property on death of owner
Holographic willentirely in writing and if someone else writes on it invalid (NY does not recognize??)
Imprimis latin for in the first place
Income executionmethod of satisfying judgement by levying portion of defendants wages
Indeterminate sentenceno less than and no more than
Indictmentwritten accusation voted by grand jury
Infantnot yet of legal age
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Question Answer
Injunctionorder of court to refrain from doing something
Instructiondirection given by judge to jury
Interrogatorieswritten questions proffered by one side that must be answered in writing by the other side as part of the discovery process
Intestatedies without will
Inventoryitemized list of property in the estate and its appraisal of valueInventory documents may include real estate, personal property, guardians, conservators, partnerships, minors' estates, appraisals, appraisers warrants, and reports. In intestate cases the inventory is very important as it may describe the land, tools, slaves, and other personal property at the time of death. These records are sometimes transcribed in the will books or in separate volumes, but the originals may be in the probate packet.
Issueoffspring biological children or legitimate decendants
Judgementfinal decision of the court
Jurisdictiongeographic limitations and type of case limitations
Juvenile offender13, 14, 15 charged with acts constituting murder in the second degree or 14 and 15 year old charged with acts constituting certain serious offenses enumerated in the criminal code
Legacygift by way of a will
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Question Answer
Legateeperson receiving real or personal property by will
Legatorperson giving personal property by way of a will
Letters of administrationformal document granting authority to handle affairs of estate
Letters of guardianshipformal document appointing guardian to handle affairs of a monor or one deemed incompetent
Letters testamentarydocument approving appointment of an executor
Liena claim or charge on property for payment of some debt, obligation of duty
Lis pendenspending suit, filed on public records, warning that title to certain property is in litigation, and they may be bound by an adverse judgement
Minutesnotes made of the court proceedings
Misdemeanorone year or less
Motionoral or written request made by a party to the court for specific relief.
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Negligencefailure to do something that a reasonable person guided by ordinary consideration would do, or something a reasonably prudent person would do
Noticespublication so that creditors and others interested in estate can contact personal representative
No true billno grand jury indictment
Nolo contendereno contest
Order to show causecourt order to appear as directed and present to court reasons why particular decree should not be made
Paroleconditional release of a prisoner under supervision
Per capitaeach person in layer, then equal at next layer
Per stirpeseach person in layer but if deceased to THAT persons issue as if one.
Preemptory challengeright of a party to dismiss a particular juror without citing reason
Petitionapplication by petitioner to court for right to settle estate , and generally starts the probate process. Additional petitions can be filed where other property held
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Question Answer
Petitionerparty initiating proceedings party bringing an appeal
Plaintiffperson who brings a civil action
Pleaguilty not guilty or not guilty by reasons of insanity
Pleadingprocess in which parties present their causes of actions and arguments
Polling the juryask individual jurors whether they assent to a reported verdict
Poor persons ordercourt finding a person unable to pay costs and fees to defend an action or appeal. Once granted, all fees waived.
Preliminary hearingpretrial hearing by JUDGE to decide if proceed to trial.
Probateall matters pertaining to administration of estate
Probate estate papersbound papers of all probate process, bound and archived by case number
Probate feesfees paid to an attorney in probate
Proveevidentiary process validating a will
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Prosecutordistrict attorney , attorney general or assistants
Pre sentence reportreport filed with the court by the department of probation containing information about defendants prior criminal history and summary of the case. May also contain statements from victim and prosecutor. Used to aid judge in making just sentence
Pro seappearing on own behalf without attorney
Probationsentence served outside of prison
Publicationsnotices published so that creditors and others interested have opportunity to contact legal representative
Reasonable doubtdoubt that a reasonable person would have as to guilt of a person at the end of a trial
Relinquishmentto waive ones rights ( see renounciation)
Renounciationto waive ones rights (see relinquishment)
Replyplaintiffs response to a defendants answer containing a counter claim.
Respondentdefending party in a proceeding
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Question Answer
Seal orderorder by judge mandating that the record be closed from public view
Search warrantorder by court on probable cause directing search of a particular location for particular items.
Settlementfinal accounting or estate and how it was distributed
Sine prolwithout offspring
Successor administratorappointed if administrator dies
Surrogatecourt office with jurisdiction over probate and guardianship matters
Staycourt order that suspends a case or some designated proceedings in the case
Stipulationagreement by adversaries as to any matter pertaining to the proceedings in a trial. Must be assented to by the parties and in writing
Subpoenaprocess in which person is compelled to appear to give testimony before court
Subpoena duces tecumprocess in which person is compelled to produce records or other documents
Summonsprocess issued by a local court directing person to appear
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Question Answer
Suppression hearingpretrial hearing in a criminal trial upon a motion to exclude evidence in which the judge must decide whether or not improper procedures were used to obtain evidence
Testatorperson making a will
Testamenttechnically the will document , as in last will and testament
Testamentaryitems or matters pertaining to a will
Testatedied with a will
Transcriptthe official record of a proceeding
Trusteeperson who holds legal title to property for benefit of someone else
Vacateto set aside a previous action
Voir direexamination of jurors or witness as to their qualifications
Widows allowancestate statute what a widow can claim from her husbands estate – supersedes other claims
Widows electionwidows choice to accept what was granted or share granted by statute
Witnesswitness is a person who attests to actions or events personally seen
Writorder from a court requiring an act to be done
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