If you are a person that is representing yourself in court, we have resources here that can help you.
WE DO NOT give specific legal advice for your case; BUT, we can teach you how to do legal research for yourself.

If you're a lawyer, don't worry. We don't track our site visitors. So, you can get the best and most up-to-date Family Court information right here, and we won't tell your buddies at the Bar Association. (Besides, if the opposition beat you the last time, they probably came here first!)

This page contains information on legal research, how to do legal research, links to handy sites for doing legal research, etc. If you are looking for other information (such as articles on Parental Alienation Syndrome) that you might want to use as evidence in your court case, try our Library page.

Here are some terms that you will see often in legal actions. By knowing the language, you will be better able to survive your visit to the courtroom.

These terms are in no particular order at this time, but might be rearranged in the future, as this site continues to grow and develop.

1. Litigant: a party to a legal action.
2. Attorney: a person that represents (speaks for) a litigant during a courtroom proceeding, or in other related events.
3. Statute: THE LAW, as written and passed by the legislature, and approved by the executive branch of government. (This is the law as it appears on the books. It is not necessarily the same as "the law", as it is applied in the courtroom. [see below])
4. Case Law: THE LAW, as it is applied in the courtroom. Case law is affected by the previous rulings of other courts -- especially higher courts -- and it can dramatically change the was the statute law is applied. Sometimes, it can apply the law in just about the opposite way that the legislature intended. This is a constant struggle in our various jurisdictions (Federal, and each of the several States) between the Legislative and the Judicial branches of government. We strongly suggest that, if you don't understand how to research and apply case law, you should not even try to represent yourself. It would be futile, and it could cause you harsh and irreparable consequences. Don't fight a dragon with a teaspoon!
5. CPLR: The Civil Practice Law and Rules. This is THE set of rules for the conduct of litigation in New York State. It is a set of statutes that guide all lawyers and judges. If you can't find your way around in the CPLR, then don't represent yourself in the courtroom. (And, even if you can, it still isn't always easy.) One of the most important items is CPLR 105(C). That is the definition of an attorney. If you are representing yourself, then that definition includes you.
6. Pro Se: Latin term, meaning "for self". It means a person that represents themself in court.
7. Pro Bono: Latin term, meaning "for good". It means services provided free-of-charge, "for the good of the community". Some attorneys will represent some cases pro bono. This is especially important to know if you have a "novel issue".
8. Novel Issue: A question (issue) that has not been heard by the court before; or, for which there is no governing case law. So far, property disputes on Mars would be considered a novel issue. (Remember, just because you have never heard of a case before does not necessarily make it a novel issue.)
9. Sanction: This is an important term. That is the punishment that a court may impose upon an attorney for violating any of a wide range of ethical, procedural, or even behavioral rules. Sanctions may range from paying a fine of one dollar, all the way to restriction (there are various types) and disbarment (the permanent removal from the practice of law). The rules on sanctions are one of the more closely-guarded secrets that attorneys don't want you to know about. So, information is ammunition.

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   Handy Links, etc.

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   The site linked below was created by the American Bar Association (ABA) to help people make informed decisions about their legal needs.

   The site offers information on a variety of legal concerns, including how users can find a lawyer, obtain free legal help, work out disputes with a lawyer and decide if they can handle legal matters themselves. It also contains information to help low income people find legal assistance from legal aid and pro bono programs and projects. A listing of special programs geared towards victims of domestic violence is also provided, as well as links to civil legal programs available to members of each branch of the military and their dependants.

   Just click here for the ABA's very own Consumer's Guide to Legal Help on the Internet, and a little beyond ..., otherwise known as FindLegalHelp.org.

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   This site was deveolped by the law clerk of Judge Rose, right here in Binghamton. It is a study on developing standards for how court personnel can help the self-represented litigant without violating the UPL rules.

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   There are many sites designed to help the self-represented litigant. One of the first and best sites was developed by Nolo Press.

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   Some sites only carry their own material. Other sites include links to similar sites that are run by others. One of those is the Legal Network.

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   There are now many, many search engines that specialize in legal research. One of the first, and best, is still the Law Crawler. And, you can use much of it for free. (That's why it's linked here!) There are other search engines that you can subscribe to for a monthly fee. If you have a truly difficult case, or if you think you'll be in court a lot, it might be worth your while to subscribe to one of them.

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   Another great FREE resource is the online Cornell University Law Library. However, don't neglect the opportunity to also visit the online Syracuse University Law Library.

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   For cases in NY State, a great resource for the latest legal news is the New York Law Journal. Click here for their online version.

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   If you hope to get a fair fight from your opposing attorney, you might be disappointed. But, when they violate the rules, the judge can issue a sanction. If that happens, the lawyer might file an appeal. The material linked here gives some insight regarding the process of appealing attorney sanctions.

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   Sometimes, a divorce action is accompanied by some form of criminal charges. These are often used (in violation of legal ethics, by the way) as a subterfuge to gain leverage in the divorce action.

   So, what do you do if you are charged with a criminal act, and the charges are later dismissed in your favor? Can you sue for "malicious prosecution"? Does the dismissal have to specify that you are not guilty? Well, read the opinion of the NY Court of Appeals (highest State court), in it's recent decision in Cantalino v. Danner (2001 NY Int. 86, June 28, 2001, source: Cornell Univ. online law library).

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   Contrary to popular myth, in NY State, the Family Court is an OPEN courtroom, according to the NYS Judiciary Law, Article 2, Section 4.

   This has also been supported by an administrative order of the Chief Judge of the Court of Appeals, Judge Judith Kaye.

   Furthermore, one of our members won a pro se motion to declare the courtroom to be open, prior to the above administrative order. The motion cited a case by the United States Supreme Court, so the Family Court had no choice but to comply.

   (Prior to that, NY Family Court judges had routinely violated the Judiciary Law by holding closed hearings. Nine months after that motion was decided, the administrative order was issued, and Broome County had to build an entire new Family Court building, in order to provide space for open proceedings.)

   Now, the question becomes: may you invite the news media to a Family Court hearing? Well, the answer is "both yes and no". Legally, yes, you may! Practically, however, how will the judge react to the presence of the media? (In theory, the presence of reporters should help the judge to remain above-board. In practice, however, it may just make the judge pretty angry.) But, according to the US 2nd Circuit Court of Appeals (which covers Upstate NY), the news media may not only attend the proceedings, they may also obtain copies of evidence presented, and publish it. Really! Read their opinion in USA v GRAHAM(LEONARDO), August Term, 2000 (Argued: April 26, 2001. Decided: July 16, 2001). (source: FindLaw online research)

   Our thanks to Albany area legislative liaison James Hays for sending this one.

   So, stand up for your rights!

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