§ 7001 Application of Article; Special Proceeding
§ 7002 Petition
§ 7003 When the Writ Shall Be Issued
§ 7004 Content of Writ
§ 7005 Service of the Writ
§ 7006 Obedience to the Writ
§ 7007 Warrant Preceding or Accompanying Writ
§ 7008 Return
§ 7009 Hearing
§ 7010 Determination of Proceeding
§ 7011 Appeal
§ 7012 Redetention After Discharge

Terms Used In New York Laws > Civil Practice Law and Rules > Article 70 - Habeas Corpus

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Consolidation: shall mean either (a) the combination of two or more local government entities resulting in the termination of the existence of each of the entities to be consolidated and the creation of a new entity which assumes jurisdiction over all of the terminated entities, or (b) the combination of two or more local government entities resulting in the termination of the existence of all but one of the entities which shall absorb the terminated entity or entities. See N.Y. General Municipal Law 750
  • Dissolution: shall mean the termination of the existence of a local government entity. See N.Y. General Municipal Law 750
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Majority leader: see Floor Leaders
  • Oath: A promise to tell the truth.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.