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Glossary
- Legal Terms |
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Although Superintendents don’t get
involved with the legal aspects of building operations, on occasions
superintendents are required to appear in courts as witnesses on behalf of
the building. Ever wonder what some of the legal jargon is? Here are some
legal terms defined for you.
The following is only intended as
general information. As always, if any legal questions arise, it’s best to
seek out an attorney.
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Adjournment:
When the court temporarily halts the proceedings in a
given case at either party’s request or for the court’s own reason and
sets a date for the parties to return to court to continue the proceeding.
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Default:
Failure to appear in court or to fulfill an agreement.
A default by either party can result in a judgment in their opponent’s
favor.
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Inquest:
A one-sided court proceeding that allows a party to
present his or her case to the judge with out the opponent present. A
party may conduct an inquest if the opposing party fails to appear in
court as instructed.
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Mediation:
The process through which court-appointed mediators
assist parties in a legal dispute to make a mutually fair agreement and to
understand its terms and conditions.
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Order to show Cause:
A legal document used to initiate a special proceeding,
or to request the entry or the return of a case to the court calendar.
Among other reasons, tenants may request an Order to show cause to hold
owners accountable for defaulting on an agreement, request more time to
pay arrears, or to stop an eviction. The order to show cause has the
effect of staying the proceeding from going forward and keeps the parties
in the same position.
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Petition:
A legal document that sets out the petitioner’s claim
for judicial relief.
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Petitioner:
The party who initiates the case.
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Pro-Se:
This Latin term means “by yourself” and refers to
parties in a legal dispute that represent themselves in court, without
legal counsel.
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Rent Abatement:
A one time reduction in rent to compensate tenants for
an owner’s failure to make repairs after the court orders or stipulations.
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Respondent:
The Party in a court case who must answer the special
proceeding begun by the petitioner.
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Stipulation:
A court document that lists the terms and conditions of
an agreement between a tenant and an owner.
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Three-Day Notice:
Refers to the amount of time tenants have to pay
arrears after receiving a written or verbal request for payment from the
owner. IF a tenant fails to pay arrears after three days, the owner may
initiate legal action against the tenant.
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Traverse Hearing:
A court hearing held to determine whether a party
properly served court papers to another party.
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Warrant of Eviction:
A legal document that empowers a marshal to remove a
tenant from an apartment after the appropriate five day notice expires.
Only the marshal’s office may serve and execute a warrant of eviction.
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With Prejudice:
When a petitioner gives up the right to seek further
legal action at a later date. If a case is discontinued with prejudice, it
may not be brought again.
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Without Prejudice:
When the petitioner reserves the right to seek further
legal action at a later date. If a case is discontinued with out
prejudice, it may be brought again.
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