Dunaway Hearing: A hearing to ask the court to remove evidence. It is based on the idea that the police obtained this evidence during an illegal arrest. This hearing takes place at the same time as a hearing of Mapp, Huntley or Wade. Family offence (application O): A procedure before the family court in which it is stated that a person has been injured, threatened, harassed or persecuted by a person who is related to him by blood or marriage (or a previous marriage) or who is in an intimate partner relationship or who has a child together. Legal Representative (LAG): An adult appointed by the court representing a minor child or an incapacitated person. The LAG is only a guardian for a particular trial. See also ad litem. Self-giving: When a person goes to the prison, police or court. in bench: French: “On the bench”. Hearings attended by all judges of a court instead of the usual number. For example, U.S. district courts of appeals typically use panels of three judges, but all judges on the court can decide certain issues together.
When this happens, they sit “in a bench.” Hearsay: Testimony from a witness who did not see or hear the incident in question, but heard about it from someone else. Hearsay generally cannot be used as evidence in court. Arbitrator: A person appointed by the court to hear evidence and make a decision in a case or report to the court. This person is also known as a special arbitrator. Interim Protection Order: A court order that requires the defendant to stay away from someone until the criminal matter is resolved. NYSCEF: 1. Electronic filing by New York State Courts. 2. The computer program that allows the submission of legal documents over the Internet in certain counties, courts and types of cases. Visit: www.nycourts.gov/efile-unrepresented. Reset Support Order: An order that restores support payments that were ordered by the court. Calendar Number: The number assigned to a case when the case is to be tried by the court.
It is different from the index number that is given when the case is submitted to the clerk. A separate fee will be charged for the calendar number. Commit: 1. Do something, for example, a crime. 2. Detain someone. 3. Use a court order to send a person to jail. Written instruction or order issued by a court or judge. Custody: The custody, control and maintenance of a child by a court.
Custody may be given to a parent, but it is usually entrusted to a parent. This term is also used to describe who the child lives with. Placement Exploration (EOP): Court order to the probation department in a juvenile delinquency or PIN case to find a place where a child can be detained before making a final decision. Satisfaction of the judgment: A statement submitted to the court by the creditor of the judgment indicating that the judgment has been paid in full. See Judgment Creditor, Judgment. Bail relief: When the court returns money or property to the defendant or debtor. See also deposit relief. Strike: To delete or remove. For example, “remove a case from the court calendar” means remove the case from the calendar. Refinement of an appeal: After the filing of the notice of appeal, the steps are necessary to prepare the file for the judge.
This may include receiving a copy of the hearing, drafting and serving a pleading, and including the case in the court`s schedule. Pre-trial request: In a criminal court, this is a request by both parties to do something in a case before going to court. This request is usually made within 45 days of the indictment. Credit income: This happens in the support procedure when the parent is unemployed or underemployed (does not work a full work week or works less than usual) and the court calculates the parent`s gross income based on previous income or skills. Note on issuance: A form submitted to the court to inform it that all documents are ready for review by the court or that the case is ready for trial. personal delivery: delivery of court documents to a person in his hands. Remainderman: The person who gets what is left at the end of the distribution of an estate or at the end of a life lease or at the end of a trust. Action: 1. Legal proceedings brought by a plaintiff who alleged that the defendant had failed to comply with a legal obligation that caused him harm. 2.
A legal disagreement that is submitted to the court for decision. See Action and Cases. Monetary Judgment: The amount of money awarded to a person by the court as payment for damages suffered (loss or injury). A relevant code of conduct that allows the court to consider acts that are often not charged, that are part of the “same conduct, pattern or common plan,” as a criminal conviction offence under Chapters Two and Three of the Guidelines Manual. Transfer: An order by a judge to transfer a case from one court to another. Applicant: A person or authority who initiates proceedings or appeals to a higher court. Predicate Notification: A document that must be served before certain cases are brought before the courts. For example, in landlord/tenant: A rent claim. Lockout: When a landlord locks a tenant out of the rental unit without the permission of the court. Lockouts and all other self-help evictions are illegal.
Separation agreement: A written agreement that lists the terms of the separation. This usually indicates the money paid for children, alimony payments, division of war property, child custody, and related matters. This agreement must be formally signed and attested (notarized) and covers the period before the divorce but after the separation. Assisting the government in its investigations and/or prosecutions against another person or organization. The government has the option of filing an application for a reduction of sentence if it determines that the defendant has substantially supported the government. A Federal Law, 18 U.S.C. Section 3553(e) provides that a court may convict a defendant below a mandatory minimum sentence on the basis of the substantial assistance of a defendant, and USSG § 5K1.1 provides that a court may rule below the minimum of the reference range on the basis of the substantial assistance of a defendant, even if there is no mandatory legal minimum. The law and directive require the government to file a downward deviation request before a court can authorize it. After the trial, the prayer of relief or the request for a verdict appears. The prayer of reparation, commonly referred to as a clause, requires a judgment for the plaintiff and an appeal in the form of the appeals requested by the plaintiff.
The applicant may apply for release in various forms. Pecuniary damages are compensation for injuries and losses. General pecuniary damages cover injuries that are directly related to the defendant`s actions – such as pain and suffering or emotional distress. Special pecuniary damages arise indirectly from the defendant`s actions and may include loss of wages or medical bills. The court awards exemplary or punitive damages if the defendant`s actions are particularly outrageous. The purpose of punitive damages is to punish the defendant and deter similar misconduct. Other types of damage include recovery of property, injunctions and the specific performance of a contractual obligation. The plaintiff may request another remedy or several different types of remedies in the same complaint (Fed. R. Civ.
p. 8[a]). Executor: A person appointed in a will and appointed by the court to carry out the instructions in the will and deal with financial matters. Criminal Procedure: A court case that begins because of a criminal offence. Non-mandatory conditions that the court may impose on a defendant on probation or probation. The court may impose certain conditions based on the defendant`s background or the particular circumstances of the case. Forfeiture of bail: If a defendant does not return to court in time, he or she will forfeit the money (bail) deposited with the court to become free. Court Record: All documents filed with the court in a case. For example, subpoena and complaint, judgment, any copy, etc. Appearance: 1. Go to court. 2.
A legal document indicating that you will participate in the legal proceedings. Child/minor: A person under the age of 18. A minor placed in foster care may be classified as a “child” by the court until he or she leaves the foster family, which can only happen at the age of 21. .