Terms Used In New York Laws > Executive > Article 35

• acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• 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.
• bequest: Property gifted by will.
• 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.
• conviction: A judgement of guilt against a criminal defendant.
• 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.
• damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• decedent: A deceased person.
• defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• devise: To gift property by will.
• dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• ex officio: Literally, by virtue of one's office.
• felony: A crime carrying a penalty of more than a year in prison.
• forbearance: A means of handling a delinquent loan. A
• fraud: Intentional deception resulting in injury to another.
• gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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.
• litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• minority leader: See Floor Leaders
• misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
• oversight: Committee review of the activities of a Federal agency or program.
• 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.
• plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• quorum: The number of legislators that must be present to do business.
• remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• statute: A law passed by a legislature.
• summons: Another word for subpoena used by the criminal justice system.
• trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• verdict: The decision of a petit jury or a judge.