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ACKNOWLEDGMENT

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 acknowledgment.

ACTION

A lawsuit or proceeding commenced in a court.

ACTUAL PLACE OF BUSINESS

Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business (CPLR §308.6).

ADJOURN

To delay the hearing of a proceeding to a subsequent date.

ADJUDICATE

To rule upon or decide (i.e., Motion or Trial).

ADVERSARY

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

AFFIANT

One who signs an affidavit.

AFFIDAVIT

A written statement made under oath.

AFFINITY

Related by marriage; family relation from one's spouse's family.

AFFIRMATION

A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

AFFIRMED

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

ALLEGATION

A statement of a party in a pleading.

ALLEGE

To assert a fact in a pleading.

AMEND

To change.

AMICUS CURIAE

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

ANSWER

A pleading by a defendant.

APPEAL

An application to an Appellate Court to review the lower Court's judgment or order.

APPEAL BOND

(see: Undertaking)

APPEARANCE

The coming into court as a party to an action (see: Sec. 320 CPLR).

APPELLANT

The one who appeals.

APPELLEE

The one who opposes the appellant.

ARBITRATION

1. Civil Actions Purs. Part 28 Rules of Court (see Specialty Section: ARBITRATION).
2. Small Claims and Commercial Claims: Hearing by an attorney, upon the signed consent of the parties, who renders an award-judgment which is binding (not appealable).
3. Purs. To Article 75 CPLR, (Outside Court) which can be confirmed, modified, etc.; via Special Proceeding.

ATTACHMENT

The taking of property into legal custody by an enforcement officer (see specialty section: Recovery of Chattel).

AWARD

A decision of an Arbitrator.

BAR

1. Prohibit - to bar the prosecution of an action.
2. The members of the legal profession.

BENCH

The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench).

BILL OF COSTS

A written statement of the itemized taxable costs and disbursements (see: Judgments).

BILL OF PARTICULARS

A detailed written statement of the facts in a plaintiff's complaint or a defendant's answer and/or counterclaim.

BRIEF

An attorney's written summary of the legal points in presenting his client's argument for a trial or appeal.

CALENDAR

A listing of court cases.

CAPTION

Top portion of a legal paper indicating the Court's name and the names of the parties.

CAUSE OF ACTION

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

CERTIFIED COPY

Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).

CHANGE OF VENUE

Change in the situs or location of an action from one court to another.

CHARGING A JURY

Final instructions by a Judge to the jury prior to their deliberations.

CHATTEL

An article of personal property.

CITE

To summon or command ones presence. To refer to authorities in support of an argument or proposition, (e.g. The attorney cited case law to support his argument).

COMPLAINT

First pleading by a plaintiff in a civil action.

CONSANGUINITY

Related by blood.

CONTEMPT

A wilful disregard of a Court, Judge or legal document (see Specialty Section: CONTEMPT).

CONSOLIDATE

A joining of two or more actions to be tried together.

COSTS

The statutory sum awarded to the successful party when a judgment is entered. (Section 1901 all Court Acts.)

COUNSEL

Lawyer or attorney.

COUNTERCLAIM

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

COURT OF LIMITED JURISDICTION

A City Court, District Court or other court that has jurisdiction only over actions authorized by law.

CROSS - CLAIM

Claim brought by a defendant against a co-defendant.

DAMAGES

Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right.

Compensatory damages - Reimbursement for actual loss or injury.

Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury.

Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

DEFAULT

Failure of a party to respond to a claim (i.e., Answer) or appear at the trial.

DEFENDANT

One called upon to defend, deny or answer a legal action, also known as "respondent" in special proceedings.

DEPONENT

One who testifies under oath to the truth of facts.

DE NOVO

From the beginning, a new trial.

DEPOSITION

Testimony of a witness (i.e., examination before trial).

DISMISSAL WITH PREJUDICE

Action dismissed on the merits which prevents renewal of the same claim or cause of action.

DISMISSAL WITHOUT PREJUDICE

Action dismissed, not on the merits, which may be re-instituted.

ET AL

And others.

ET ANO

And another.

EVIDENCE

Testimony or documents introduced at trial.

EVICTION, WARRANT OF

Legal mandate authorizing an enforcement officer to remove persons and their personal property from their premises.

EXAMINATION BEFORE TRIAL

Pre-trial questions and answers under oath of a party or witness of a case.

EXEMPLIFICATION

An official transcript of a document from public records, made in a form to be used as evidence and authenticated or certified as a true copy, (e.g. exemplification of a judgment).

EX PARTE

One-sided; in the absence of the opposing party or parties.

FAIR PREPONDERANCE

Level of proof in a civil action; more than half; more convincing.

FIRST PAPER

Paper instituting the action (e.g., Summons, Motion, Infants's Compromise).

FORUM

A judicial tribunal or a place of jurisdiction. A meeting for discussion.

FRIEND OF THE COURT

(see: Amicus Curiae)

FULL FAITH AND CREDIT

A requirement of the U.S. Constitution that the records and judicial proceedings of one state shall have the same effect in courts of other states with the same jurisdiction.

GARNISHEE

A person who owes a debt to a judgment debtor, or a person other than the judgment debtor who has property in his/her possession or custody in which a judgment debtor has an interest (CPLR section 105[i]).

GUARDIAN AD LITEM

A person appointed by the court to represent an infant or incompetent.

IMPLEADER

An addition of a third party to an action by the defendant.

INDEMNITY

Security against loss or damages, exemption from penalty or liability, amount paid as compensation under an indemnity agreement.

INDORSED COMPLAINT

A statement of the nature and substance of the cause of action, for money only, which indicates the amount of the claim. It may be set forth upon the summons or attached to it.

INFANT

An individual who has not attained the age of eighteen (18).

INQUEST

A hearing where the plaintiff or defendant alone introduces testimony.

IN RE

In the matter of; concerning.

IN REM

Regarding the right or title to property.

INTER ALIA

Among other things.

INTERPLEADER

An equitable proceeding to determine the rights of rival claimants to property held by a third person having no interest therein.

INTERROGATORIES

Written questions for a party or witness of an action (pre-trial).

JUDGMENT

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

JURISDICTION

Legal power, right and authority to hear and decide cases, geographical area within which authority may be exercised. Lack of jurisdiction may not be waived by the parties, except for courts outside NYC pursuant to Section 213(d) of the Uniform City Court Act.

Personal jurisdiction - Directed to a specific person to impose a personal liability on him (usually the defendant).

Subject matter jurisdiction - Topic of consideration, thing in dispute, right claimed by one party against another.

LEGAL AGE

Eighteen (18) years of age. See CPLR Section 1206.

LIEN

A hold or claim on property; the effect of a filed "Transcript of Judgment."

LITIGANT

Party to a legal action

MILITARY CALENDAR

To hold in suspense an action that cannot reasonably be tried because a party or witness is in the military service.

MINUTE BOOK

A Court Clerk's Journal of Courtroom proceedings.

MOTION

An oral or written request made to a court at any time before, during or after court proceedings, asking the court to make a specified finding, decision or order.

NATURAL PERSON

Individual (does not include corporate entities).

NON SEQ. (Non sequitur)

It does not follow.

NOTICE OF ENTRY

A notice with an affidavit of service stating that the attached copy of an entered order or judgement has been served by a party on another party.

NOTICE OF PETITION

Written notice of a petitioner that a hearing will be held in a court to determine the relief requested in an annexed petition.

NUNC PRO TUNC

Now for then. Allowed to be done after the time it should have been done.

PARTY

Person having a direct interest in a legal matter, transaction or proceeding.

PETITION

Formal written application to a court.

PETITIONER

In a special proceeding, one who commences a formal written application, requesting some action or relief, addressed to a court for determination. Also known as a plaintiff in a civil action.

PLAINTIFF

A person who brings an action, party who complains or sues in an action. Also known as a petitioner in a special proceeding.

PLEADING

A written instrument which serves to present the issues in legal actions and/or defenses.

POLLING THE JURY

The Clerk's calling of the names of the jurors and asking each juror individually to state his/her verdict.

POWER OF ATTORNEY

Document authorizing one to act legally for another.

PRECLUDE

To prevent or stop.

PRO SE

(see: Self Represented)

PURGE

To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of contempt of court).

RECUSE

To disqualify oneself as a judge.

RELIEF

Legal remedy.

REMAND

To send back (e.g., when an Appellate Court returns a case back to the original court for reconsideration or a new trial).

REMITTITUR

Order containing the decision of the appellate court.

REPLEVIN

An action to recover goods wrongfully taken or withheld.

REPLY

Something said or done in response (e.g. to reply to an opposition to a motion).

RES

Subject matter.

RESPONDENT

One who formally answers the allegations stated in a petition which has been filed with the court. Also known as a defendant in a civil action.

SANCTION

An imposed penalty.

SATISFACTION

Discharge of a legal obligation, as in a "Satisfaction of Judgment."

SECURITY FOR COSTS

An undertaking required by a court to cover the payment of costs if the judgment is against the depositor.

SELF REPRESENTED

A party is self represented when he/she is not represented by an attorney (previously referred to as Pro se).

SINE DIE

Without a date, as in an action being adjourned sine die.

STIPULATION OF SETTLEMENT

A formal agreement between litigants and/or their attorneys resolving their dispute.

SUBPOENA

Legal process which commands a witness to appear and testify.

SUBPOENA DUCES TECUM

A subpoena requiring the production of books or records.

SUBSEQUENT PROCEEDINGS

Any proceeding or action taken with respect to a specific case after it has been filed with the court.

SUIT

A legal action or proceeding.

SUM CERTAIN

Liquidated damages pursuant to contract, promissory note, law, etc.

SUMMARY JUDGMENT

The granting of a judgment on papers alone, without a trial or hearing.

SUMMONS

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

SURETY

One who is legally liable for the debt, default, or failure to carry out a duty of another.

THIRD-PARTY ACTION

A claim asserted by a defendant, styled a third-party plaintiff, against a person, styled a third-party defendant.

TRIAL DE NOVO

A new trial (see: 22NYCRR 28.12).

TORT

A wrongful act or breach of legal duty resulting in damages, not founded on contract.

UNDERTAKING

Deposit of a sum of money or filing of a bond in court.

VENUE

1. Geographical place where some legal matter occurs or may be determined.
2. The geographical area within which a court has jurisdiction. 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.

VERIFICATION

A signature before a notary public or other officer authorized to administer an oath, attesting to the accuracy or truth of an allegation or statement (CPLR 3020).