NYS Legal Terminology and Principles 5 — Questions and Answers
Question 1: What does 'ex parte' mean in legal proceedings?
- With both parties present
- Involving or on behalf of only one party without the other present (Correct answer)
- A decision made by a panel of judges
- Evidence submitted after a trial
Correct answer: Involving or on behalf of only one party without the other present
Ex parte refers to proceedings or communications involving only one party without notice to or participation by the other party.
Question 2: What is 'perjury'?
- Refusing to testify in court
- Lying under oath during a legal proceeding (Correct answer)
- Tampering with physical evidence
- Failing to appear for jury duty
Correct answer: Lying under oath during a legal proceeding
Perjury is the criminal offense of knowingly making a false statement under oath in a judicial proceeding.
Question 3: What is the 'chain of custody' in criminal cases?
- The order in which witnesses testify
- The documented chronological record of who collected, handled, and stored evidence (Correct answer)
- The sequence of appeals available to a defendant
- The hierarchy of court officers in a courtroom
Correct answer: The documented chronological record of who collected, handled, and stored evidence
Chain of custody documents the handling of evidence from collection through trial to ensure its integrity and admissibility.
Question 4: What does 'sua sponte' mean?
- At the request of the prosecution
- On the court's own initiative without a motion by either party (Correct answer)
- With the consent of both parties
- Under direction of an appellate court
Correct answer: On the court's own initiative without a motion by either party
Sua sponte describes an action taken by a judge on their own initiative without being requested by either party.
Question 5: What is 'grand larceny' distinguished from 'petit larceny' by?
- The type of property stolen
- The location where the theft occurred
- The value of the stolen property (Correct answer)
- Whether a weapon was used
Correct answer: The value of the stolen property
Grand larceny involves theft of property exceeding a specified dollar threshold, while petit larceny involves lesser amounts.
Question 6: What is an 'injunction'?
- A criminal sentence requiring community service
- A court order requiring a party to do or refrain from a specific act (Correct answer)
- A formal accusation by a prosecutor
- A request to postpone a trial date
Correct answer: A court order requiring a party to do or refrain from a specific act
An injunction is an equitable court order that compels or prohibits a party from taking a specific action.
Question 7: What does 'probable cause' mean in the context of arrests and searches?
- Absolute certainty that a crime was committed
- A reasonable belief based on articulable facts that a crime has occurred or evidence will be found (Correct answer)
- Suspicion based on a person's appearance alone
- A confession by the suspect
Correct answer: A reasonable belief based on articulable facts that a crime has occurred or evidence will be found
Probable cause requires a reasonable basis supported by facts for believing a crime occurred or that evidence of a crime will be found in a specific place.
NYS Legal Terminology and Principles 5
What does 'ex parte' mean in legal proceedings?