Beis Din Terms

• Agunah– a woman who is stuck in a dead marriage, according to Jewish Law
• Arbitration agreement– a legally binding document that designates a third party to resolve a dispute. The decisions of this resolution will be enforceable by the courts. Often, a Bet Din will require an Arbitration Agreement to be signed prior to any hearings or proceedings. This gives the Bet Din the power to issue a decision, even if one of the parties refuses to participate later in the Bet Din proceedings.
• Av Bet Din– Head of the Bet Din
• Bet Din- Rabbinical court. Plural: Batei Din
• Cherem– the exclusion or excommunication of an individual from the Jewish community. This would include places of prayer, being called up for a Torah Portion reading, celebrations, social interactions business dealings
• Dayan– Rabbinic Judge. Plural Dayanim
• Din– Jewish Law
• Din Torah– Hearing or arbitration proceeding that takes place in a rabbinical court. Plural: Denei Torah
• Gett– a Jewish Bill of Divorce 
• Ikul– Restraining order
• Halacha– Jewish Law
• Halachic pre-nup- an agreement signed prior to a Jewish Marriage that provides that in the event of Divorce, a designated Bet Din will have the authority to ensure the Gett not be used as coercive control. Often, a Halachic prenup will contain a monetary incentive that is mutually beneficial to both parties to resolve the gett proceeding in a timely manner.
• Hazmanah– invitation or summons sent by a Jewish Rabbinical Court. Often sent via mail or email. Plural: Hazmanos
• Harchakot– alienation from one’s community. This is a status or ruling that can be issued as a result of not responding to a Summons from a Bet Din
• Heter Meah Rabanim– when one hundred Rabbis agree with a beth din that a particular situation warrants an exemption to permit a man to remarry even though his wife refuses or is unable to accept a get
• Heter Arkaot– Ruling from Bet Din that grants plaintiff permission to open a case in secular court. 
• Mesareiv le-din– an individual who has failed to respond to three summonses from a Rabbinical Court
• Nitvah-defendant
• Oness– someone who has been forced. This is often used in the context of rape.
• Psak– Decision or ruling of the Bet Din
• Pshara– Compromise
• Segan– Assistant to the Av Bet Din
• Seiruv– an order of contempt issued by a Rabbinical court. This often will include permission for the claimant to pursue legal action in secular court. This document can be publicized in any way the Bet Din sees fit. 
• Shaliach– messenger. A messenger can sometimes be used in the capacity of a Bet Din proceeding.
• Shtar Birurin- Arbitration Agreement
• Toein– representative in rabbinic court. A Toein acts in a similar way in Bet Din as an attorney does in a secular court system. 
• Toein Rabani– a Toein with Rabbinical education or Smicha. Often this can be in the form of a Dayan who sits on a Bet Din as well and knows Halacha as it applies to a case. 
• Toveah-Plaintiff or claimant
• Zabla– A joint Bet Din. Each litigant chooses one judge or arbiter, and these two judges then designate the third judge, who determines how to resolve the dispute through a panel of judges

Law Terms:

• Abandonment: A reason for divorce. Abandonment occurs when one party has left the other for a continuous period of one year or more, without the party’s consent, and without justification (good cause) and without the intent to renew the marital relationship.
• Acknowledgment: A formal statement made in front of a notary public, who signs a document and confirms that the signature is authentic.
• Action: A lawsuit taken to court.
• Addendum: An additional document or phrase attached to the original document. Once parties agree on the addendum, it becomes part of the new contract
• Adjournment: the act of pausing or resting a formal meeting or trail temporarily, 
• Affidavit of Service: A document signed and notarized by a non-party who has served any papers in a lawsuit such as the Summons and Verified Complaint containing an oath that the papers were properly served. When completed, it is submitted with these papers.
  Note: One party cannot serve another. This sworn statement must give the date, time, place, the way it was served, and a description of the person who is given the documents.
• Agreement: A formal written understanding between two people concerning their respective rights and their duties to each other.
• Alienation– when one party intentionally withholds. Parental alienation is when one parent intentionally negatively represents the other parent to the child with the intent of withholding a relationship or visitation of that parent and child. 
• Alternative dispute resolution – Settling a dispute outside the courtroom through a neutral third party designated and agreed upon by both parties to avoid litigation.
• Ancillary Relief: In an action for divorce, additional or other help asked for beyond a judgment of divorce, such as maintenance (formerly called “alimony”) payments, division of property, responsibility for debts (bills), child support, etc. 
• Annulment: A court declaration that states that a marriage was never legally valid. After an annulment, the parties are free to remarry.
• Appeal– when one challenges a previously resolved or ruled on legal matter. 
• Arraignment– the first time one appears in front of a judge. During the arraignment, the charges and rights are listed.
• Assets– something of value owned by a party. This can be property, marital funds, equity, fixed income, etc. 
• Attorney for Child: An attorney appointed by the court to represent a child in contested custody matters (formerly known as a Law Guardian).
• Bankruptcy– a legal process or court filing that an individual or business makes when they are unable to repay their debts. This can help to clear or reduce debt through a repayment plan.
• Burden of Proof: A party’s duty to prove the truth of his or her claims (charges against someone else) in the lawsuit.
• Capital– a broad term to describe anything of value to its owner. This can be financial or intellectual property as well.
• Chambers– the private office of a judge. 
• Change of Venue: The transfer of a lawsuit from one county to another.
• Child Support Standards Act (CSSA): The Law that determines child support obligation. The calculations are based on fixed percentages of the parents’ income. Charts are available to assist.
• Child Support: Money paid by one parent to another for a child’s expenses after separation and/or divorce.
• Clerk: A court official who handles filings, motions, pleadings, etc.
• Collaborative Law: Process in which a couple hires specially trained lawyers and other professionals who work to help them resolve their conflict outside of court.
• Collateral– a physical item of value that is held in place of or as a pledge to guarantee a loan by a borrower. The intention is to provide security of repayment for the lender. This can be property such as a house or a car, cash, inventory, etc. 
• Commingle: When one mixes separate funds or properties into a common fund or bank account.
• Contempt: The willful disregard and disrespect of a court order of the judge ‘s authority. Conduct that defies the authority or dignity of a court. It is usually punishable by a fine or prison or both.
• Contested Divorce: A divorce action which is opposed.
• Corroborate: To prove a statement, argument, etc. with confirming facts or evidence.
• Counsel– an individual or a group of individuals who provide legal advice and representation in court.
• Counterclaim: A claim by the Defendant that is filed against the Plaintiff, after the original claim is filed, written in the Verified Answer. A Verified Answer responds only to the allegations (charges) in the Verified Complaint. A counterclaim may be added to the Verified Answer to say that the Defendant also wants a divorce from the Plaintiff and states Defendant’s reasons for the divorce.
• Court authorization– permission granted by the courts, most often for law enforcement officers. This is often used to conduct a search or make an arrest.
• Court Order- the document that is issued detailing a judicial decision by the court. A court order can also be issued if the parties resolve the issue on their own and file it in court to make it legally enforceable. 
• Court Reporter– a worker who is responsible for taking notes of court proceedings. They provide records and transcripts of all court proceedings in a court room. 
• Custody, Legal: The legal right and responsibility to make major decisions affecting a child under the age of 18. 
• Custody, Physical: The actual physical responsibility, care and control of a child under the age of 18. The person awarded physical custody usually provides the child’s primary residence.
• Defendant –An individual (or business) against whom a lawsuit is filed.
• Deposition– An oral statement made before an officer authorized by law to administer oaths prior to trial. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Except for a judge not being present, it is conducted in a manner similar to trial. Also known as an Examination Before Trial (EBT)
• Discontinuance: The act of discontinuing. The interruption or volunteer termination of a lawsuit.
• Discovery-Procedures used to obtain disclosure of evidence before the trial, to prepare for presentation during the trial.
• Dissipation: The wasteful use of an asset for an illegal or inequitable purpose, such as a spouse’s use of marital property for personal benefit when a divorce is imminent. It is intended to deprive the other spouse of the use and enjoyment of the asset. 
• Docket-case log number on a particular case that has been filed in court. Each case is assigned it own docket number and can be referenced by that number at any time. 
• Due process- a basic requirement that legal issues be reviewed and resolved according to precedent and legal principles or processes in a way that treats all parties fairly.
• Earning Capacity: A person’s ability or power to earn money, given the person’s talent, skills, training and experience. 
• Emancipation: The process of releasing a child from the responsibility and control of a parent or guardian before the age of 18. Under New York law, child support must be paid until the age of 21. If a child marries, enters the military or becomes self-supporting, before turning 21, the court may consider the child emancipated, and child support may be terminated.
• Enjoin: To legally prohibit or restrain someone from doing something by issuing a court injunction (order).
• Equitable Distribution: The way marital property must be divided by law in a divorce action in New York State. Equitable distribution does not necessarily mean 50% of one asset to one party and 50% to the other. Distribution is based on various factors presented to the court.
• Evidence: Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact.
• Exhibit: A document, record, or other tangible object formally introduced as evidence in court.
• Expert: A person who, through education or experience, has developed skills or knowledge of a particular subject, so that he or she may form an opinion that will assist the judge or jury in making a decision. 
• Family Court: The Family Court in New York State has the jurisdiction to hear cases involving child support, custody, visitation, spousal support and family offenses (Orders of Protection). A divorce action cannot be heard in this court.
• Felony-A serious crime, typically sentenced to at least 1 year in prison.
• Fiduciary: One who must use a high standard of care in managing another’s money or property.

• Forensic Evaluation- a legal process that contains a structured gathering of information with the purpose of developing a professional opinion on a particular matter within the court system.

• Forensic: Used in courts of law. It relates to the application of a particular subject of expertise such as medicine, science or accounting to the law.
  HYPERLINK “http://ww2.nycourts.gov/divorce/glossary.shtml#top”
• Good Faith: Honesty of intention in one’s conduct during an agreement; absence of intent to defraud.
• Grand Jury– A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. If there is enough evidence, an indictment will be issued against the defendant.
• Grounds: Legally sufficient reason for granting of divorce in Supreme Court.
• Guardian ad litem: A guardian, usually a lawyer, appointed by the court to help a minor or incompetent person in a lawsuit. In a divorce case, the guardian ad litem does not act as an attorney for the child, but reports to the court on what is in the child’s best interests.
• Hearsay– Testimony that is given by a witness who tells not what he or she knows personally, but what others have said which is therefore dependent on the credibility of someone other than the witness. That testimony is generally inadmissible under the rules of evidence. Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial 
• In Camera Inspection: A trial judge’s private consideration of evidence. Typically, sensitive information about child custody or business records are reviewed in camera, not in open court.
• Index Number: The unique number assigned by the County Clerk’s office to every action or proceeding commenced within the New York State Supreme Court. The number is used to identify a case in that court and should be indicated on all papers served by the parties and filed with the court. The number is either: (a) purchased; or (b) obtained after a Poor Person Application is filed and approved by the court.
• Indictment-The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. 
• Injunction-A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
• Interrogation: A form of discovery consisting of written questions to be answered in writing and under oath.
• Interrogatory: A written question or a set of questions given to the other party in a lawsuit as part of discovery.
• Irretrievable Breakdown: the relationship is impossible to repair for a period of at least six months. This is a common grounds for a no-fault divorce in many states.
• Judgment of Divorce: A document signed by the court granting the divorce.
• Judgment-The official decision of a court that resolves the dispute between the parties to the lawsuit.
• Jurisdiction-The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
• Lawsuit– A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
• Lien-A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
• Liquidation-The sale of a debtor’s property with the proceeds to be used for the benefit of creditors.
• Litigant – a person involved in a lawsuit
• Litigation– A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance: Support paid by one party to the marriage for the support of the other party to the marriage pursuant to a final Judgment of Divorce (sometimes also referred to as “post-divorce maintenance” or “spousal support”)
• Marital Property: Any property, regardless of which person is named as owner, that the Plaintiff or Defendant obtained from the date of marriage to the beginning of the divorce action. A house, car, IRA, bank account(s), pension, annuity, business and advanced degree are all examples of marital property. However, an inheritance, a gift from someone other than your spouse, compensation for personal injuries, may be deemed separate property. (See Separate Property)
• Mediation: A neutral person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the case, but helps the parties communicate so they can try to settle the dispute themselves. Mediation may be inappropriate if a party has a significant advantage in power or control over the other.
• Mistrial-An invalid trial, caused by fundamental error. 
• Misdemeanor– a crime or offense that is minor in nature. The infraction will result in a sentence larger than 15 days and not greater than one year. 
• Motion-A request by a litigant to a judge for a decision on a particular issue relating to the case.
• Order of Protection: An order issued by a court and signed by a Judge which protects one person from another’s actions, such as harassment or abuse. The order may also direct the person to be excluded from the residence and to stay away from the other person, his or her home, school, place of employment and his or her children.
• Party: A Plaintiff or Defendant in a legal proceeding.
• Parent coordinator- a professionally trained neutral third-party individual, often with a background in law or mental health who helps to coordinate co-parenting in an effective and communicative way. This can be ordered by the court, or privately hired when the need arises either during or after a divorce. 
• Plaintiff: The person who initiates the divorce action/lawsuit.
• Poor Person Application: An application made to the court, by either the Plaintiff or Defendant, stating that because of insufficient income he or she is unable to pay the court fees normally required for divorce actions. If the application is granted by the court, the usual court costs for the divorce action are waived. This allows an individual to have fair court even if they do not have the financial means to do so.
• Post-nuptial- It is written and agreed upon after the marriage. This is the same as pre-nuptial agreement, just done after marriage. 
• Pre-nuptial- The couple creates a legal document prior to the wedding spelling out how they will divide their assets in the event that their marriage dissolves.
• Pro Se: (Self-Represented) Appearing in court on one’s own behalf without an attorney.

• Proceeding– a step in the legal process. This can be a hearing, action, trial, motion, etc.

• Prosecutor– a lawyer who initiated the prosecution in a criminal court case. They decide whether or not to prosecute and what charges will be filed against the criminal. 
• Public Defender- An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.
• Sanctions– A penalty or other type of punishment imposed on parties who disobey laws or court orders. The purpose is to to bring about compliance with the law or with rules and regulations.
• Separation Agreement: A written agreement that is voluntarily signed without involving the court. It contains support for the child(ren), spousal maintenance payments, division of marital property, responsibility for debts (bills), residence of child(ren), childcare and related issues. This agreement must be formally signed and acknowledged and covers the period before divorce but after the separation. (See Acknowledgment)
• Separation: One spouse’s absence from the marital household prior to divorce.
• Sequester-To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Service: Formal delivery of a legal paper such as delivery of a Writ, Summons with Notice, or Summons and Verified Complaint officially notifying the recipient that he or she is a party in a lawsuit.
• Settlement Agreement: A formal, voluntary, written agreement on all the issues surrounding divorce. It must be formally signed and acknowledged. (See Acknowledgment)
• Settlement-Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party to at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault. It serves as the final legal agreement between two parties for documenting the terms of their divorce.
• Statute of Limitations: The time limit in which to bring legal action.
• Stipulation: A voluntary agreement between parties on an issue or issues related to divorce proceedings. This gets submitted to a Judge for approval and eliminates the need for parties to go to court to arrive at a resolution. 
• Subpoena: A written legal order requiring a person’s attendance at a particular time and place to testify as a witness or to provide certain documents that are requested. Failure to comply can be contempt of court. (Also known as judicial subpoena)
• Summons with Notice: A legal document which starts the Plaintiff’s action for a divorce and requires the Defendant to serve a Notice of Appearance in the action within a specific period of time. This document is initially filed with the County Clerk ‘s Office and a copy is then served upon the Defendant to give notice that the Plaintiff has started a divorce action. It states the reason(s) for the divorce and may also include requests for additional relief such as: child support, custody, visitation, spousal maintenance and equitable distribution.
• Support: Payment for housing, food, clothing, and related living expenses.

• Take the stand– to sit or stand in a designated place in a courtroom with the purpose of giving testimony. 

• Third Party: A party who has involvement in a court case who is not the Plaintiff or Defendant.
• Uncontested Divorce: An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any major financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce or fails to appear in the divorce action.
• Unemancipated Children: Children under the age of 21 who are supported by a parent or guardian. 
• Venue: The permissible physical location for the trial of a lawsuit.
• Verified: Sworn before a notary public that the facts made in that document are true. Most pleadings in a matrimonial action must be verified. (See also Acknowledgment; Answer; Complaint)
• Visitation: The right of a non-custodial parent to visit with a child.
• Waiver: Knowingly, intentionally giving up rights or claims.

• Warrant- a legal document signed by a judge that gives permission for law enforcement to take action such as search a home or issue an arrest. 

• Witness-A person called upon by either side in a lawsuit to give testimony before the court or jury.
• Writ-A written court order directing a person to take, or refrain from taking, a certain act.

Mental Health Terms

• Addiction– the condition of being addicted to a particular thing, substance or activity.
• Addicted– being physically or mentally dependent on an outside substance or activity. Being unable to stop without incurring adverse effects.
• Coping skill– practices, thought or behaviors that one does to self sooth in a stressful or painful situation
• Delusions– when an individual believes something to be true or real when in fact it is not. 
• Diagnosis– the identification of an illness or condition based on patterns and symptoms, as determine by a mental health professional
• Domestic Violence- a pattern of violent aggressive behavior, in actuality or with the threat of such within a family system, often between a spouse or a partner with the intent of coercion and control
• Dsm– Diagnostic and Statistical Manual of Mental Disorders
• Dual Diagnosis– when an individual has a diagnosis of both a mental health disorder and a drug or alcohol problem.
• Early intervention– taking note and recognizing warning signs of mental health challenges or patterns that are beginning to develop and offering preventative care, before the issue escalates.
• EDP– emotionally disturbed person
• Evidence based practice– a process used to review, analyze, and translate the latest scientific evidence. The goal is to incorporate research, clinical experience, patient history and preference in order to make informed decisions in patient care. 
• Forensics– scientific tests or techniques that apply scientific knowledge to legal issues, often regarding criminal evidence.
• Hallucination– an experience involving any of the five senses that a person believes to be real but is in fact, not real or true. 
• Outpatient– receiving medical or emotional treatment without being admitted to a hospital or facility overnight.
• Perceived Threat- an individual’s assessment of their own risk of danger, as they understand it to be true. A perceived threat, accurate or not, can be key important to protecting one’s emotional wellbeing. 
• Personality disorders– a type of mental disorder where one has unhealthy patterns of behavior or thoughts. A common example is borderline personality disorder where one is emotionally unstable and has difficulty regulating themselves as well as forming and retaining relationships with others. 
• Progress note- a note that a mental health or medical professional makes in a client’s file with the purpose of recording progress in a client’s progress, status or achievements during treatment.
• Psychiatrist– a medical practitioner that specializes in the diagnosis and treatment of mental illnesses. 
• Psychoeducation– the process of providing education and information relating to mental health services. This can be in the form of verbally, written materials, or homework assigned in a therapy relationship or setting where the client is encouraged to further educate themselves. 
• Psychosis– an extreme state one can enter with a severe mental health disorder that is removed from external reality. This can include delusions, hallucinations, incoherent speech, among others. 
• Psychotherapist– a mental health professional the treats mental health disorders though psychological modalities as opposed to medical avenues. 
• Recovery– the process of creating or developing meaning or purpose in one’s life with the purpose of improving one’s overall wellness. The journey to healthy coping mechanisms or skills in place of unhealthy ones such as addiction. There are five stages of recovery: precontemplation, contemplation, preparation action, maintenance. 
• Relapse– the recurrence of a disorder, disease or addiction after a period of improvement or sobriety from that behavior. This is a natural part of the recovery process. 
• Resilience– Managing one’s emotions or impulses. The process or outcome of successfully navigating through a particularly challenging life experience as it relates to your emotional and mental state in a way that is flexible and grounded while tending to your emotional and physical needs.
• Risk factor- an element that increases the chances of one developing a larger issue such as a disorder or illness. This can come in the form of biological family systems, cultural or community expectations that will higher the likelihood of a negative outcome. 
• Safety concerns– a worry about a particular situation that threatens one’s safety. This can be physical, emotional or phycological safety. The sooner one pays attention to a safety concern, the better chance one has of the situation not escalating to a safety issue.
• Self-harm– the act of purposefully harming oneself physically as an emotional coping mechanism. It is used in an attempt to help in reducing deep emotional feelings or pain in having a sense of control over one’s physical pain. This can come in the form of cutting, burning, bruising oneself among others. 
• Sliding scale- a pricing system that can vary based on a patient’s financial status or means. 
• Suicidal ideation– suicidal thoughts. This can include suicidal thoughts, ideas or fantasies related to suicide. 
• Symptoms– a physical or mental manifestation that might indicate a deeper disease or disorder. This can include physical pain, fatigue or headaches.
• Trauma– an emotional response to a life experience or event. This can be an accident, abuse of any form, natural disaster, familial issue, etc. Trauma can have long term and short-term effects ranging from PTSD to physical symptoms as well as difficulty in relationships going forward. 
• Treatment plan– a document that is created by a mental health profession outlining individualized treatment with goals and timelines for desired outcomes. 
• Withdrawal– a psychological and biochemical process that happens when an individual stops or changes their consumption of a chemical substance. This can be the result of a change or end to use of medication, illegal drugs, alcohol or nicotine among others.