Terms Used In New York Laws > Military > Article 7 > Part 7 - Trial Procedure

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• administrative head or body: means the chief official or board of a county hurricane protection, flood and shoreline erosion control district. See N.Y. County Law 280-A
• 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.
• agency: means a county hurricane protection, flood and shoreline erosion control agency. See N.Y. County Law 280-A
• ALI: means the delivery or receipt of the approximate geographic location, as specified in the FCC order, of the wireless device being used to place a 911 call. See N.Y. County Law 325
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ANI: means the delivery or receipt of the telephone number assigned to the wireless device being used to place a 911 call. See N.Y. County Law 325
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: shall mean the New York state 911 board. See N.Y. County Law 325
• Board: means the board of supervisors of a county or an elected county legislative body or city legislative body by whatsoever name designated. See N.Y. County Law 301
• candidate: shall be deemed to apply to any person seeking a nomination, designation, or election to a public office or party office. See N.Y. Election Law 17-100
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Direct dispatch: shall mean that the public safety answering point can, by encoding or toning, alert the responding agency without having to relay or reroute calls unless the call originates outside the jurisdiction. See N.Y. County Law 325
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• district: means a county hurricane proection, flood and shoreline erosion control district except where otherwise stated. See N.Y. County Law 280-A
• Docket: A log containing brief entries of court proceedings.
• election: as used in this article shall be deemed to apply to and include all general, special and primary elections, unofficial primaries and all local elections relating to candidates, ballot proposals, proceedings for the nominations of candidates by petition, and all elections held pursuant to Article 52A of the education law. See N.Y. Election Law 17-100
• election officer: shall mean any person who, pursuant to the provisions of this chapter, performs any duty or function in the electoral process. See N.Y. Election Law 17-100
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Expedited deployment funding: means eligible wireless 911 costs estimated to be incurred by local public safety answering points for enhanced wireless 911 service. See N.Y. County Law 325
• FCC order: means all orders issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rule to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. See N.Y. County Law 325
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fund: shall mean the statewide public safety communications account established pursuant to § 97 of the state finance law. See N.Y. County Law 325
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the elected legislative body of the county. See N.Y. County Law 280-A
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;
  
  (10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;
  
  (11) "Code" means article seven of this chapter;
  
  (12) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See N.Y. Military Law 130.1
• 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.
• Jurisdictional protocol: shall mean a written agreement entered into by two or more law enforcement agencies setting forth procedures to ensure the organized, coordinated, and prompt mobilization of personnel, equipment, services, or facilities in order to achieve the fastest response to a 911 emergency. See N.Y. County Law 325
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local public safety answering point: means a site designated and operated by a local governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
• Minority leader: See Floor Leaders
• Municipality: means any county except a county wholly contained within a city and any city having a population of one million or more persons. See N.Y. County Law 301
• 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.
• 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.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public officer: as used in this article shall be deemed to apply to any person who holds an elective or appointive office of the state, separate authority or any political subdivision of the state with authority to supervise other personnel within such subdivisions. See N.Y. Election Law 17-100
• Public safety agency: means a functional division of a public agency which provides or has the authority to provide police, firefighting, emergency medical or ambulance services or other emergency services or a private entity which provides emergency medical or ambulance services. See N.Y. County Law 301
• Public service answering point: means a communications facility which first receives 911 calls from persons within a 911 service area and which may, as appropriate, directly dispatch the services of a public safety agency or extend, transfer, relay or otherwise route 911 calls to the appropriate public safety agency. See N.Y. County Law 301
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Service supplier: means a telephone corporation which provides local exchange access service within a 911 service area. See N.Y. County Law 325
• Service supplier: means (i) a telephone corporation which provides local exchange access service within a 911 service area, or (ii) a provider of "voice over internet protocol service" or "VOIP service" that provides such service within a 911 service area. See N.Y. County Law 301
• shoreline: means the lands between high and low water mark, the lands contiguous or adjacent to the high water mark, beaches, dunes and bluffs. See N.Y. County Law 280-A
• State public safety answering point: means a site designated and operated by the division of state police for the purposes of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• System costs: means the costs associated with obtaining and maintaining the telecommunication equipment, all operations and maintenance costs and the telephone services costs necessary to establish and provide an E911 system. See N.Y. County Law 301
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Wireless communications service: means all commercial mobile services, as that term is defined in Section 332(d) of Title 47, United States Code, as amended from time to time, including, but not limited to, all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent-wide area specialized mobile radio licensees, which offer real time, two-way voice or data service that is interconnected with the public switched telephone network or otherwise provides access to emergency communications services. See N.Y. County Law 301