NY Court Reporter flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Stenotype keyboard layout

Twenty-two keys arranged as initials (STPH, KWR), vowels (AOE U), and finals (FRPBLGTSDZ), plus an asterisk. Strokes are chords written simultaneously to form syllables and words.

Asterisk function

The asterisk key deletes the immediately preceding stroke, allowing a misstroke to be corrected without leaving an error in the electronic record. It is not used to add emphasis.

Words per minute formula

Divide the number of transcribed words by the minutes of dictation. A five-minute take of 1,000 words equals 200 words per minute, the typical Q&A certification target.

Accuracy percentage formula

Divide the number of correctly transcribed words by total words and multiply by 100. Certification tests typically require 95 to 98 percent, depending on the test and jurisdiction.

Briefs and phrases

Single-stroke abbreviations for frequently occurring words and word combinations. They increase speed but must be written consistently, because an inconsistent brief produces an ambiguous translation.

Conflict-free dictionary

A stenographic dictionary in which no stroke maps to two different English outputs. Conflicts cause real-time translation errors and require routine dictionary maintenance.

Verbatim transcription rule

Reproduce the speaker's words exactly, including false starts, repetitions, and grammatical errors. The reporter does not edit a witness's grammar or remove filler in a verbatim transcript.

Inaudible and phonetic markers

Parentheticals such as (inaudible) or (phonetic) signal unclear speech. They prevent a guess from being presented as a certainty in the certified record.

Proofreading passes

Separate review passes for speaker attribution, names and numbers, punctuation, then spelling and homophones. Multiple targeted passes catch more errors than one general read.

Read-back test

Read the sentence aloud. If it does not parse naturally, the punctuation or word choice is probably wrong and should be corrected before certification.

Page and line numbering

Certified transcripts use fixed page and line numbers so appellate briefs can cite exact locations. Reflowing a page breaks those citations and is not permitted.

Restrictive versus nonrestrictive clauses

Restrictive clauses identify the noun, take 'that,' and take no commas. Nonrestrictive clauses add information, take 'which,' and are set off by commas.

Serial comma

A comma before the conjunction in a list of three or more items. Court style guides vary, so one convention must be applied consistently throughout a transcript.

Legal homophones

Word pairs that sound alike but differ in meaning, such as principal and principle, counsel and council, statute and statue, waiver and waver. Each must be verified in context.

Singular possessive ending in s

A singular noun ending in s forms the possessive by adding apostrophe-s, as in witness's testimony. Plural nouns ending in s take the apostrophe only, as in witnesses' testimony.

Beyond a reasonable doubt

The criminal standard of proof, requiring the fact finder to be firmly convinced of guilt. It is the highest standard used in American courts.

Preponderance of the evidence

The civil standard of proof, meaning it is more likely than not that the claim is true. It is commonly described as a balance tipped greater than fifty percent.

Voir dire

The questioning of prospective jurors to identify bias or disqualification. It precedes peremptory challenges and challenges for cause during jury selection.

Sustained versus overruled

Sustained means the objection is upheld and the answer is excluded. Overruled means the objection is denied and the answer stands in the record.

Deposition versus affidavit

A deposition is sworn out-of-court oral testimony recorded for discovery or impeachment. An affidavit is a written statement sworn or affirmed by the maker.

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless a recognized exception applies.

New York Court of Appeals

The highest court in New York State. It sits above the Appellate Division, which has four departments and serves as the intermediate appellate court.

New York Supreme Court

Despite its name, it is New York's general trial court of unlimited jurisdiction, not the highest court. Appeals from it go to the Appellate Division.

Arraignment

The first appearance on a criminal charge, where the charge is read, bail or release conditions may be set, and a plea may be entered.

Marking an exhibit

The exhibit is marked for identification, then offered, then received into evidence or rejected. The transcript must reflect each of these steps.

Certified transcript

A transcript bearing the reporter's attestation that it is a true and accurate record of the proceedings. It is the official record used on appeal.

Fact versus inference

A fact question restates something explicitly in the passage. An inference question asks what the passage implies, and the answer must be supported by the text.

Absolute qualifiers

Words such as always, never, and all. In comprehension questions, choices containing them are usually wrong unless the passage itself uses that absolute language.

Active voice preference

Place the actor as the subject: the clerk filed the motion. Active voice is clearer and shorter than passive constructions in professional writing.

Chain of custody

A documented log of every transfer of an exhibit or recording, showing date, time, parties, and initials. An unbroken chain supports admissibility.

Litigation hold

A directive to preserve records relevant to pending or reasonably anticipated litigation. It overrides routine destruction schedules until the matter is resolved.

Reporter neutrality

The reporter is a neutral officer of the court and gives no legal advice, advocacy, or coaching to any party. All substantive communication belongs on the record.

Errata procedure

Corrections to a certified transcript are made by an errata sheet or stipulation on the record. Silent editing of a certified transcript is prohibited.