Terms Used In New York Laws > Estates, Powers and Trusts > Article 8 > Part 1 - Rules Governing Charitable Trusts

• 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.
• applicant: includes that person designated to act for him and perform his official function in and during his actual absence or disability. See N.Y. Criminal Procedure Law 700.05
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• auction: means a public sale of cattle, swine or horses to the highest bidder. See N.Y. Agriculture and Markets Law 90-B
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• cattle: means the entire family of bovidae. See N.Y. Agriculture and Markets Law 90-B
• Charitable or nonprofit organization: means any organization which is exempt from federal or state income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. See N.Y. Agriculture and Markets Law 71-Y
• commissioner: means the commissioner of agriculture and markets of the state of New York. See N.Y. Agriculture and Markets Law 71-U
• communication: includes conversation and discussion. See N.Y. Criminal Procedure Law 700.05
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• dairy product: means all milk and milk products defined by the definitions and standards of identity promulgated pursuant to section forty-six-a of this chapter and such other food products derived from milk as the commissioner shall designate by regulation. See N.Y. Agriculture and Markets Law 71-U
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• deer: means any member of the family of cervidae. See N.Y. Agriculture and Markets Law 90-B
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Designated offense: means any one or more of the following crimes:
  
  (a) A conspiracy to commit any offense enumerated in the following paragraphs of this subdivision, or an attempt to commit any felony enumerated in the following paragraphs of this subdivision which attempt would itself constitute a felony;
  
  * (b) Any of the following felonies: assault in the second degree as defined in § 120. See N.Y. Criminal Procedure Law 700.05
• Donor: The person who makes a gift.
• Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 700.05
• Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. Criminal Procedure Law 700.05
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Farm products: means any agricultural, dairy or horticultural product or any product designed or intended for human consumption or prepared principally from an agricultural, dairy or horticultural product. See N.Y. Agriculture and Markets Law 71-Y
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• foreign dairy product: means any dairy product produced, processed or manufactured outside the United States. See N.Y. Agriculture and Markets Law 71-U
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Game or wild game: means any deer or big game, or portions thereof, as defined in section 11-0103 of the environmental conservation law, taken by lawful hunting. See N.Y. Agriculture and Markets Law 71-Y
• 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.
• horse: means the entire family of equidae. See N.Y. Agriculture and Markets Law 90-B
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juror: A person who is on the jury.
• Justice: except as otherwise provided herein, means any justice of an appellate division of the judicial department in which the eavesdropping warrant is to be executed, or any justice of the supreme court of the judicial district in which the eavesdropping warrant is to be executed, or any county court judge of the county in which the eavesdropping warrant is to be executed. See N.Y. Criminal Procedure Law 700.05
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• packaged foreign dairy product: means a foreign dairy product which is enclosed in a container or wrapper (including a shipping container or wrapping used for the transportation of such product in bulk or quantity to manufacturers, packers, processors, or to wholesale or retail distributors) or which although not so enclosed has written, printed, or graphic matter pertaining to such foreign dairy product affixed or attached. See N.Y. Agriculture and Markets Law 71-U
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal property: All property that is not real property.
• poultry: means a domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. See N.Y. Agriculture and Markets Law 90-B
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Agriculture and Markets Law 90-B
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Video surveillance: means the intentional visual observation by law enforcement of a person by means of a television camera or other electronic device that is part of a television transmitting apparatus, whether or not such observation is recorded on film or video tape, without the consent of that person or another person thereat and under circumstances in which such observation in the absence of a video surveillance warrant infringes upon such person's reasonable expectation of privacy under the constitution of this state or of the United States. See N.Y. Criminal Procedure Law 700.05
• Video surveillance warrant: means an order of a justice authorizing or approving video surveillance. See N.Y. Criminal Procedure Law 700.05