New York Laws > Civil Practice Law and Rules > Article 10 – Parties Generally
Current as of: 2022 | Check for updates | Other versions
Terms Used In New York Laws > Civil Practice Law and Rules > Article 10 - Parties Generally
- Abandonment: means the intentional relinquishment or forsaking of all possession or control of any substance. See N.Y. Environmental Conservation Law 71-4401
- Affected local government: shall mean every municipality in which land subject to an environmental easement is located. See N.Y. Environmental Conservation Law 71-3603
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Continuance: Putting off of a hearing ot trial until a later time.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment, or the abandonment of any substance. See N.Y. Environmental Conservation Law 71-4401
- Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota, and all other natural resources. See N.Y. Environmental Conservation Law 71-4401
- Environmental easement: shall mean an interest in real property, created under and subject to the provisions of this title which contains a use restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls; provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution. See N.Y. Environmental Conservation Law 71-3603
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Executor: A male person named in a will to carry out the decedent
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantor: The person who establishes a trust and places property into it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oath: A promise to tell the truth.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pound: means an avoirdupois pound. See N.Y. Environmental Conservation Law 71-4401
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Quorum: The number of legislators that must be present to do business.
- Regulated medical waste: means regulated medical waste as defined in title 15 of article 27 of this chapter. See N.Y. Environmental Conservation Law 71-4401
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.