Legal and Court Terminology
What this domain tests
This domain tests recognition, spelling, and correct usage of procedural and Latin terms you will hear in New York practice. You are not practicing law; you are writing the terms correctly and in context.
Procedure vocabulary
- Arraignment, allocution, indictment, information, misdemeanor complaint, bail, remand.
- Voir dire, peremptory challenge, challenge for cause, jury charge, verdict, polling the jury.
- Discovery, interrogatories, deposition, note of issue, summary judgment, judgment notwithstanding the verdict.
New York-specific sources
- CPLR (civil practice), CPL (criminal procedure), Penal Law, Family Court Act, SCPA (Surrogate’s Court), NYCRR (court rules).
- Latin: sua sponte (on the court’s own motion), ex parte (one side only), nunc pro tunc (now for then), prima facie (at first sight), res judicata, inter alia, pro se, in camera.
Worked example
“The defendant moves pursuant to CPLR 4404(a) to set aside the verdict and for judgment notwithstanding the verdict.” JNOV asks the judge to enter judgment for the movant despite the jury’s verdict; the motion follows the verdict and is decided on the record. Recognizing the phrase tells you how to spell, capitalize, and place the citation - not how the judge will rule.
Traps
- Confusing plaintiff/defendant with petitioner/respondent; the labels depend on the case type.
- Using “indictment” for a misdemeanor, which is charged by information or complaint.
- Confusing acquittal (verdict of not guilty) with dismissal (charge ended before verdict).
- Misspelling allocution, arraignment, peremptory, and nunc pro tunc.