Moriarty & Dee, Attorneys at Law, in Buffalo, New York.

Legal Words & Phrases:
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This list of definitions will help you understand what is happening with your divorce or employment law matter. The definitions may vary slightly from state to state.

Action: A lawsuit.

Affidavit: A written statement sworn to before a notary public.

Affirmation: A written statement sworn to by a lawyer under penalty of perjury.

Affirmative Defense: Legal defense to a complaint even if the allegations of the Complaint are true.

Agreement: A transcribed or written meeting of minds when the parties have resolved issues in the case.

Alimony: Payment of support from one party to another. See also spousal maintenance, which is more properly what alimony is called in New York today.

Allowances pendente lite: A temporary order of the court that provides support for one spouse and/or the children while the divorce is in progress.

Allegation: Statement contained in pleading or affidavit setting forth what it intends to prove.

Annulment: The legal ending of an invalid marriage; according to law, neither party was ever married, but all children born of the annulled marriage remain legitimate.

Answer: The second pleading in an action for divorce, separation, or annulment or employment law which is served in response to the complaint which admits or denies the complaint allegations.

Appeal: The process where by a higher court reviews the decision of a lower court and determines whether there was reversible error.

Appearance: A defendant's formal method of telling the court that he or she submits to the court's jurisdiction. Appearance can also refer to a party's physical presence in court.

Change of venue: A change of the place (usually referring to the county) where the case is to be tried.

Child support: Support for a child (not taxable to the recipient or deductible to payor).

Claim: A charge by one party against the other.

Common Law Marriage: A relationship between a man and a woman, recognized by law in some states as a marriage, although no license or ceremony was involved. The termination of common law marriage takes place by a divorce. New York does not recognize common law marriages; in limited cases, it might recognize a common law marriage arising from the conduct of the parties in another state.

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Contempt of Court: The willful and intentional failure to comply with a court order, judgment, or decree by a party to the action, which may be punishable in a variety of ways.

Contested Case: Any case in which the court must decide one or more issues on which the parties have not agreed.

Counterclaim: A pleading brought by the Defendant which operates as the Defendant's complaint.

Court order: A written document issued by the court, which becomes effective only when signed by a judge.

Cross-examination: The questioning of a witness by the opposing party during a trial or at a deposition, to test the truth of that testimony or to develop it.

Custody: The legal right and responsibility awarded by the court or agreed by the parties, for the care, possession or the rearing of a child.

Default or Default Judgment: An order or judgment granted by the court without hearing the other side because it failed to plead or submit papers within the time allowed or failed to appear at the hearing either by consent or omission.

Defendant (Respondent): The person, corporation or other legal entity who is sued.

Deposition: The testimony of a witness taken out of court under oath and in writing.

Direct examination: The initial questioning of a witness by the lawyer who called him or her to the stand.

Disclosure, Discovery, or Production of Documents: Procedures followed by lawyers to determine the nature, scope, and credibility of the opposing party's claim and his or her financial status.

Distributive award: A payment ordered by the court, usually representing a share of the marital assets.

Emancipation: The point at which a child may be treated as an adult and in some states when the duty to support may terminate.

Equitable Distribution of Property: A system of distributing property in connection with the divorce or dissolution proceeding on the basis of a variety of factors without regard to who holds title.

Evidence: Documents, testimony, or other demonstrative material offered to the court to prove or disprove allegations.

Ex parte: A court application for court relief without the presence of the other party. In some states the other party is present but is given very short notice of the application.

Grounds: In the eyes of the law (under statute) the reason for granting a divorce.

Guardian ad litem (GAL) or Law Guardian: A lawyer appointed by the court to represent the children.

Hearing: Any proceeding before the court for the purpose of resolving disputed issues through presentation of testimony, offers of proof and argument.

Hold-harmless: A situation in which one spouse assumes liability for a debt or obligation and promises to protect the other from any loss or expense in connection with it.

Indemnification: The promise to reimburse another person in case of anticipated loss; the same as hold-harmless.

Injunction: court order forbidding someone from committing a particular act that is likely to cause injury or property loss to another party; the same as a restraining order.

Interrogatories: A series of written questions served on the opposing party to discover certain facts regarding the disputed in the matrimonial proceeding. The answers to interrogatories must be under oath and served within a prescribed period of time.

Joint custody: The shared right and responsibility awarded by the court to both parents for possession, care, and rearing of the children.

Joint property: Property held in the name of more than one person.

Jurisdiction: The authority of the court to rule on issues relating to the parties, their children, or their property.

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