NYS Court Clerk Exam Glossary (M-P)

Questions and Answers

What is the role of a magistrate?

Defend against legal charges

Preserve the peace within a certain territorial jurisdiction (correct)

Issue fines for minor offenses

Prosecute criminal cases

What is magistration?

The process where a magistrate explains to a defendant his or her rights under the law and constitution.

What does mandatory authority refer to?

Authority that a court is to follow, including constitutional provisions, legislation, and court decisions.

The term 'may' denotes a mandatory action.

False Signup and view all the answers

What is microfilm?

A film containing photographic records or images considerably reduced in size from the original material filmed. Signup and view all the answers

What is microfilming?

The process of photographic reproduction of a document on film, reducing its size. Signup and view all the answers

What is the definition of ministerial duties?

A duty in which there is nothing left to discretion or a duty imposed by law. Signup and view all the answers

What is a misdemeanor?

A classification of criminal offense punishable by incarceration in jail or a fine. Signup and view all the answers

What are mitigating circumstances?

Circumstances that may be considered as reducing the degree of moral culpability. Signup and view all the answers

What is a motion?

A formal request made to a judge pertaining to any issue arising in a case. Signup and view all the answers

What is the difference between a municipal court of record and a municipal court of non-record?

A municipal court of record keeps a record of its proceedings while a municipal court of non-record does not. Signup and view all the answers

What does 'nolo contendere' mean?

A plea in which the defendant does not contest the charge. Signup and view all the answers

What is a not guilty plea?

A plea in which the defendant denies guilt in a criminal case. Signup and view all the answers

What is a plaintiff in a civil case?

The person who complains or brings the lawsuit. Signup and view all the answers

Which of these options represent types of opinions in the court?

All of the above Signup and view all the answers

What is an ordinance?

The equivalent of a municipal statute, governing matters not covered by state or federal law. Signup and view all the answers

What is the role of a payee?

A person to whom a check, money, etc., is payable. Signup and view all the answers

What does peremptory challenge refer to?

An objection made to a particular juror during jury selection that does not require cause. Signup and view all the answers

What defines a permanent record?

A record considered to be so valuable or unique that it is to be permanently preserved. Signup and view all the answers

Study Notes

Glossary of Terms (M-P)

Magistrate: Judicial officer responsible for maintaining peace and issuing processes to prevent crime; can arrest offenders for trial or punishment.
Magistration: The process where a magistrate informs a defendant of their legal rights under the law and constitution.
Mandatory Authority: Legal standards a court must adhere to, including constitutional provisions, legislation, and court decisions.
May: Indicates permissible discretion or an action not specifically prohibited.
Microfilm: Reduced-size photographic records or images of original documents, used for storage and preservation.
Microfilming: The process of producing photographic reproductions of documents on film, usually at sizes 1/8 to 1/50 of the original, maintaining clarity for enlargement.
Microform: Collective term for various formats produced through microphotography, including roll microfilm and microfiche.
Ministerial Duties: Duties imposed by law that require no discretion in their execution.
Minor: Defined variably as individuals under 17 years of age in transportation law and under 21 years in alcoholic beverage law.
Misdemeanors: A type of criminal offense in Texas, punishable by jail time or fines; typically handled by county, justice, and municipal courts.
Mitigating Circumstances: Factors that lessen moral culpability for an offense but do not justify it.
Motion: A formal request made in court addressing specific issues in a legal case.
Municipal Court of Non-Record: A municipal court without official records of proceedings; appeals are reviewed de novo in county court.
Municipal Court of Record: A municipal court that is mandated to maintain official records; established by legislative or electoral actions.
Must: Implies a necessary condition that must be fulfilled.
No Contest/Nolo Contendere: A plea that does not contest the charge; legally treated as a guilty plea but cannot be used as an admission of guilt in civil cases.
Nonessential Record: Any record not critical for the ongoing operation of the court.
Nonsecure Custody: An area where juveniles can be held temporarily (up to six hours) without restraints, monitored continuously.
Not Guilty Plea: A plea denying guilt; defendants maintain innocence, requiring the prosecution to prove guilt.
Numeric Filing: Organizing documents using numerical identifiers or combinations.
Opinion: A formal expression detailing the rationale behind a court's decision.
Majority Opinion: The main opinion authored by a single judge, reflecting the legal principles agreed upon by the majority of the court; has the highest precedential value.
Separate Opinion: An opinion written by a judge that concurs or dissents from the majority opinion.
Concurring Opinion: Agrees with the majority's outcome but disagrees with the reasoning.
Dissenting Opinion: An opinion that disagrees with both the majority's outcome and reasoning.
Plurality Opinion: A decision agreed upon by less than a majority regarding reasoning but supported by a majority on the result.
Per curiam Opinion: An unsigned opinion issued by the court, summarizing the decision in a case.
Memorandum Opinion: A concise expression of the court's holding.
Oral Argument: A session where attorneys present their arguments and respond to judges’ inquiries.
Ordinance: Local laws enacted by a city council, addressing issues not covered by state or federal laws.
Out-Card: A form used to track records pulled for review, detailing information like the date and agency involved.
Party: An entity involved in a legal proceeding, such as a person, business, or governmental body.
Payee: The individual or entity designated to receive payment.
Payor: The individual responsible for making a payment.
Peremptory Challenge: A jury selection process allowing one party to dismiss a juror without stating a reason; each side typically has a limited number of such challenges.
Permanent Record: A valuable court record preserved indefinitely due to its significance.
Personal Bond: A release allowing a defendant to remain free on their word to appear in court, without additional security.
Persuasive Authority: Legal reasoning from other jurisdictions that a court may consider but isn’t obligated to follow.
Plaintiff: The party initiating a civil lawsuit seeking remedy for an injury.
Plea: Four types of pleas in criminal cases: guilty, not guilty, nolo contendere, or special plea of double jeopardy.

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Description

Explore essential terms in the NYS Court Clerk Exam with this flashcard set focusing on words starting with M through P. Each card provides precise definitions to enhance your understanding and aid in exam preparation. Perfect for students aiming to master legal terminology.