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Questions and Answers
What is the role of a magistrate?
What is the role of a magistrate?
What is magistration?
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?
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.
The term 'may' denotes a mandatory action.
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What is microfilm?
What is microfilm?
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What is microfilming?
What is microfilming?
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What is the definition of ministerial duties?
What is the definition of ministerial duties?
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What is a misdemeanor?
What is a misdemeanor?
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What are mitigating circumstances?
What are mitigating circumstances?
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What is a motion?
What is a motion?
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What is the difference between a municipal court of record and a municipal court of non-record?
What is the difference between a municipal court of record and a municipal court of non-record?
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What does 'nolo contendere' mean?
What does 'nolo contendere' mean?
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What is a not guilty plea?
What is a not guilty plea?
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What is a plaintiff in a civil case?
What is a plaintiff in a civil case?
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Which of these options represent types of opinions in the court?
Which of these options represent types of opinions in the court?
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What is an ordinance?
What is an ordinance?
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What is the role of a payee?
What is the role of a payee?
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What does peremptory challenge refer to?
What does peremptory challenge refer to?
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What defines a permanent record?
What defines a permanent record?
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Study Notes
Glossary of Terms (M-P)
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Magistrate: Judicial officer responsible for maintaining peace and issuing processes to prevent crime; can arrest offenders for trial or punishment.
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Magistration: The process where a magistrate informs a defendant of their legal rights under the law and constitution.
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Mandatory Authority: Legal standards a court must adhere to, including constitutional provisions, legislation, and court decisions.
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May: Indicates permissible discretion or an action not specifically prohibited.
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Microfilm: Reduced-size photographic records or images of original documents, used for storage and preservation.
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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.
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Microform: Collective term for various formats produced through microphotography, including roll microfilm and microfiche.
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Ministerial Duties: Duties imposed by law that require no discretion in their execution.
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Minor: Defined variably as individuals under 17 years of age in transportation law and under 21 years in alcoholic beverage law.
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Misdemeanors: A type of criminal offense in Texas, punishable by jail time or fines; typically handled by county, justice, and municipal courts.
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Mitigating Circumstances: Factors that lessen moral culpability for an offense but do not justify it.
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Motion: A formal request made in court addressing specific issues in a legal case.
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Municipal Court of Non-Record: A municipal court without official records of proceedings; appeals are reviewed de novo in county court.
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Municipal Court of Record: A municipal court that is mandated to maintain official records; established by legislative or electoral actions.
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Must: Implies a necessary condition that must be fulfilled.
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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.
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Nonessential Record: Any record not critical for the ongoing operation of the court.
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Nonsecure Custody: An area where juveniles can be held temporarily (up to six hours) without restraints, monitored continuously.
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Not Guilty Plea: A plea denying guilt; defendants maintain innocence, requiring the prosecution to prove guilt.
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Numeric Filing: Organizing documents using numerical identifiers or combinations.
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Opinion: A formal expression detailing the rationale behind a court's decision.
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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.
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Separate Opinion: An opinion written by a judge that concurs or dissents from the majority opinion.
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Concurring Opinion: Agrees with the majority's outcome but disagrees with the reasoning.
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Dissenting Opinion: An opinion that disagrees with both the majority's outcome and reasoning.
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Plurality Opinion: A decision agreed upon by less than a majority regarding reasoning but supported by a majority on the result.
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Per curiam Opinion: An unsigned opinion issued by the court, summarizing the decision in a case.
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Memorandum Opinion: A concise expression of the court's holding.
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Oral Argument: A session where attorneys present their arguments and respond to judges’ inquiries.
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Ordinance: Local laws enacted by a city council, addressing issues not covered by state or federal laws.
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Out-Card: A form used to track records pulled for review, detailing information like the date and agency involved.
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Party: An entity involved in a legal proceeding, such as a person, business, or governmental body.
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Payee: The individual or entity designated to receive payment.
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Payor: The individual responsible for making a payment.
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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.
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Permanent Record: A valuable court record preserved indefinitely due to its significance.
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Personal Bond: A release allowing a defendant to remain free on their word to appear in court, without additional security.
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Persuasive Authority: Legal reasoning from other jurisdictions that a court may consider but isn’t obligated to follow.
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Plaintiff: The party initiating a civil lawsuit seeking remedy for an injury.
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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.