Title
The ownership or proof of ownership of land or other property.
Toll
To stop a statute of limitations (time limit) and allow the filing of a case.
Tort
1. An injury or wrong against a person. 2. Not doing some duty required by law or custom that harm another person.
Tortfeasor
A person that commits or is found guilty of a tort.
Traffic infraction
A violation of the New York State Vehicle and Traffic Law that is not a misdemeanor or felony. It is called a petty (small) offense.
Transcript
A record of every word said at a trial or some other formal conversation like a hearing or deposition.
Transcript of judgment
A document with information on a lower court’s judgment that is filed in a court of general jurisdiction to make that judgment enforceable (they can act on it) in other courts and counties of New York State.
Transfer
A Judge's order to move a case from one court to another.
Trespass
1. Going on someone’s land without permission. 2. An act against a person or property of another that is not legal.
Trial
A proceeding where the parties give the facts and laws to a Judge for a decision. It can be a bench trial, a trial that is heard and decided by a Judge or it can be a jury trial, that is a trial that is heard and decided by a jury.
Trial court
The first court to hear a case.
See:
Trial de novo
A new trial; a trial de novo is held before a judge or jury when a party rejects an arbitration award. The right to a trial de novo may be given up by both sides before arbitration.
Trial discharge
The six months time period when foster care youth are still in the custody of the New York City Children’s Services, but can live on their own. All youths being discharged to independent living or another planned permanent living arrangement (APPLA) must have a trial discharge. After the six months trial period, a trial discharge will be a final discharge unless the youth asks for the trial period to go on for longer.
Trust fund
Money, stocks, bonds, or securities held under the control of someone for the use and benefit of another person.
Trust items
The specific things held in trust.
Trustee
1. The person that has custody of or control over money or things for the of another. 2. Bankruptcy Court: A person who represents the interests of the bankruptcy estate and the unsecured creditors. 3. Surrogate’s Court: A person (a fiduciary) named in a will or trust to be in control. The trustee's responsibilities may include selling the property of the estate, making distributions, and bringing cases to recover property.
Turnover proceeding
A special proceeding against a person who is not a party in a case who has property or money that belongs to a person who owes a judgment, and it asks the court to have them give the property or money to the person who won the judgment.
U.S. attorney
A lawyer appointed by the president of the United States in each federal judicial district to prosecute and defend cases for the federal government.
Unbundled legal services (or unbundling)
A practice where a lawyer and a client agree that the lawyer will do only some of the work in a case, but not the whole case (bundle). Also called “limited-scope representation.”
Unclaimed funds
1. Money that can't be given out because the identity or the address of the person receiving the money (payee) is unknown.. 2. Any money due to a person but the person has not gone to collect it.
Unconditional discharge
The release of a defendant without any rules. The discharged person may have to pay a fine or make restitution, as well as pay a surcharge for the crime victim’s assistance fee.
Uncontested divorce
This is when there are no disagreements between the parties over financial or other divorce issues and the other side agrees to the divorce or does not answer the case.
Undertaking
1. A promise, a deposit of a sum of money, or a filing of a bond in a case to get permission from the court or the other party to do something. 2. Family Court: Order by the court making a person give cash or a bond to the court or the Support Collection Unit (SCU) to be sure support is paid.
Unemancipated children
Children under the age of 18 who are supported by a parent or guardian.
See:
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
The law that gives the court the power to deal with custody and visitation issued between people who live in different states.