Tried in Legal Terminology

Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Filed in open court – court documents that were included in the record during court proceedings. Nolo Contendere – No competition. A plea in which the accused does not admit guilt, but which has the same legal effect as an admission of guilt in a criminal case. However, the plea of non-challenge cannot be used in a civil action related to the criminal charge to prove the civil liability of the defendant. For example, a nolo contendere plea for a traffic estimate resulting from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident. Ad Litem – Latin term meaning “for the purposes of the trial”. For example, an “ad litem” guardian is a person appointed by the court to protect the interests of a minor or a legally incapable person in a dispute. Capacity to make a will – The legal capacity to make a will. Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted. Governmental body empowered to settle disputes.

Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages).

A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Contributory Negligence – A legal doctrine that prevents the plaintiff in a civil action from recovering a defendant for negligence if the plaintiff also acted negligently. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence. Residence – The place where a person has their permanent legal residence.

A person can have several residences, but only one residence. Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate. Remedies such as injunctions and injunctions are equitable remedies. The fairness and justice tribunals are now merged into NM. No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Self-defence – The claim that a criminal offence was legally justified because it was necessary to protect one person or property from the threat or act of another. Contention – Issues are “disputed” when the complaining party has asserted its claim, the other party has responded with a rejection, and the issue is willing to be negotiated. The right as set out in previous court decisions.

Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Service of a legal document or obligation to appear in court by a person officially authorized in accordance with the formal requirements of applicable laws. Service is required, unless waived, for complaints, subpoenas, or subpoenas to notify a person of a lawsuit or other legal action against that person. Replevin – A lawsuit to recover illegally confiscated property. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Cancellable Agreement – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian.

A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. Will – A legal statement that disposes of a person`s property upon that person`s death. Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best viewed by selecting a letter here: Legal Aid – Professional legal services that are generally available to individuals or organizations who cannot afford such services. Notice – Formal notice to the sued party that a civil action has been brought. Also any form of notification of legal proceedings or submission of a document. Capital Crime – A crime that can be punishable by death.

Legend – The title of a legal document that lists the parties, the court, the case number and related information. Ex parte proceedings – Legal proceedings in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. Guarantee – A legal promise that certain facts are true. Execute – To comply with legal requirements (e.g. signing in front of witnesses) that validate a will. The execution of a judgment or decree also means the implementation of the final judgment of the court. Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e.

the geographical area over which the court has territorial jurisdiction to rule on cases. Location – The geographical location where a case is heard. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted.

n. the examination of facts and law under the presidence of a judge (or other judge, such as a commissioner or judge) with jurisdiction over the case (jurisdiction). A trial begins with the parties being invited to be heard, and by selecting a jury, if a jury has been requested. Each party is entitled to an opening statement by its lawyer (or the party if representing itself), which is limited to an overview of what each party intends to prove (the defence may retain the opening statement until the defence is willing to present evidence), followed by the presentation of evidence first by the plaintiff (in a civil case) or the prosecution (in a criminal case). followed by the defence evidence, and then the complainant`s or prosecution`s rebuttal evidence to respond to the defence. At the end of any evidence, any lawyer (applicant or attorney first) may make closing arguments, which may include opinions and comments on the evidence and legal issues. In the case of a jury trial, the judge gives the jury a set of instructions on the law of the case, based on the “jury instructions” submitted by counsel and approved, rejected, amended and/or supplemented by the judge. Then the jury retires to the jury room, chooses a foreman, and decides on factual issues. If there is no jury, the judge decides the legal issues and decides the factual issues and falls. A jury evaluates the factual issues and decides the verdict based on the law, as outlined in the judge`s instructions.