Dispositional hearing
The hearing where a Judge or referee decides the best way to help a child who has been abused or neglected. At this hearing the Judge or referee may ask a caseworker to help the child and the child’s family and may decide where the child should live.
Disqualification
When a Judge decides (usually voluntarily) not to hear a case. In most cases, this decision has to do with a judge’s other interests that may influence if they can decide the case in a fair way.
Dissent
A "dissenting" opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case.
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Dissipation
In a divorce when one party uses an asset badly, like when one party uses property for personal benefit just to keep the other spouse from having and enjoying the asset.
Dissolution of marriage
A judgment that puts people in the state of being single again.
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Distributee
A person who has a right to share in an estate.
District and City Courts
Both District Courts and City Courts outside New York City:
decide civil suits involving claims up to $15,000;
handle misdemeanors and lesser offenses; and,
arraign defendants accused of felonies.
District Courts are located in Nassau County and Suffolk County.
Some City Courts handle small claims (cases involving claims up to $5,000) and claims related to housing (landlord-tenant matters).
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District Attorney
The chief prosecutor who has the official duty to conduct criminal cases for the public against the people accused of committing crimes. The District Attorney is the public's attorney.
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Diversion
1. A change in the way things usually work. For example, using money for and unintended purpose. 2. A program a defendant goes to Instead of going to jail. The defendant is supervised by a probation officer. When the defendant finishes the program, the charges can be dismissed.
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Division for Youth
The state agency that maintains secure and non-secure detention facilities of the placement of juveniles. It also oversees the certification and operation of these facilities.
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Divorce
The legal ending of a marriage by the court.
Docket
A record with the complete history of a case.
Docket number
A number that identifies a court case. In Criminal Court the first two numbers show the year that the case was filed. The third character* is a letter that shows the county, and the last six numbers show the specific case. *N= New York (Manhattan); K= Kings (Brooklyn); Q= Queens; X= Bronx; R= Richmond (Staten Island); C= Midtown Community Court.
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Domestic relations law (DRL)
The New York State laws that are used for divorce and other related marriage actions and proceedings.
Domicile
A person’s main or permanent home.
Domiciliary
A person who has his or her main or permanent home in a particular location, like New York State.
Drug Court
A court that hears only cases involving non-violent drug offenders. These offenders are then sentenced to rehabilitation programs that are under the supervision of the court.
Due process
The duty of government to follow rules in legal proceedings. The U.S. Constitution guarantees due process. This means that a person may not have life, liberty or property taken away without his or her day in court.
Dunaway Hearing
A hearing to ask the court to suppress evidence. It is based on the idea that the police got this evidence during an illegal arrest. This hearing happens at the same time as a Mapp, Huntley, or Wade hearing.
E-filing
1. Electronic Filing. 2. A system for the court to get documents over the internet rather than by mail, fax or having them handed into the court.
Earning capacity
What a person can expect to earn because of the person’s talent, skills, age, health, training, and experience.
Easement
The right of a person to use the land of another person for a special purpose.
Economic infeasibility
A defense by a landlord/owner saying that the cost of fixing violations and restoring the place in an HP action is more than the place is worth.
Egregious
Extremely bad or shocking.
Electronic filing
A system for the court to get documents over the internet rather than by mail, fax or having them handed into the court.