Kangaroo court – a term that describes a fictitious procedure in which a person`s rights are completely ignored and in which the result is a conclusion reached in advance due to the bias of the court or another court. Contributory Negligence – A legal doctrine that prevents the plaintiff in a civil action from defending against a defendant for its negligence, even if the plaintiff also acted negligently. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence. Remedies – Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, corrected or compensated. Void contract – A contract that has no legal effect and cannot be performed under any circumstances. For example, a contract to commit an illegal act is void. Living Trust – A trust established and in effect during the settlor`s lifetime. Also called inter vivos trust. Testamentary Trust – A trust established by a will. This trust only takes effect with the death of the testator. Third Party – A person, company, organization or government agency that is not actively involved in a legal process, agreement or transaction, but is affected by it. Party – A person, company, organization or government agency involved in the prosecution or defense of a lawsuit. Testamentary capacity – The legal capacity to make a will.
Non-challenge clause – wording of a will that provides that a person who legally challenges the validity of the will will be disinherited. Admissible evidence – evidence that can be presented legally and correctly in civil or criminal proceedings. Complainant – The party who complains or sues; the one who appeals to the court. Also called applicant. Common-law lawyer – An individual (who is not necessarily a lawyer) authorized by another person to act in his or her place, either for a specific purpose or to perform a specific act; or for the resolution of companies in general, not of a legal nature. This authority is conferred by a written document called a power of attorney or, more commonly, a power of attorney. Probable cause – The evidence required before a person or property can be searched or seized by law enforcement and before a search or arrest warrant can be issued. Aggression – threat to inflict injuries with an obvious ability to do so. In addition, any deliberate manifestation of violence that would give the victim reason to fear or expect immediate physical harm. Clear Vision Doctrine – A doctrine that allows a law enforcement officer to lawfully seize incriminating evidence that is not specifically sought, but is readily visible during a valid search. Equal Protection of the Law – The fourteenth amendment guarantee in Article III of the United States Constitution and Article II, Section 18 of the NM Constitution that the law treats all persons equally. The decisions of the Court of Justice have clarified that this guarantee requires that the courts be open to all persons under the same conditions with similar rules of evidence and types of procedure; whereas persons are not subject to restrictions on the acquisition of property, the enjoyment of personal freedom and the pursuit of happiness which do not generally affect others; that persons do not bear burdens other than those imposed on others; and that no other or higher penalty shall be imposed on them for violation of the law.
Reasonable suspicion – The level of suspicion necessary to justify law enforcement investigations, but not the arrest or search. A lower level of suspicion or evidence than the probable cause. An officer has reasonable suspicion when he or she has knowledge of specific and stated facts, as well as rational conclusions based on those facts that, if assessed objectively, would lead a reasonable person to believe that criminal activity has taken place or has taken place. Special damages – damages that are the actual but unnecessary consequence of a breach of contract or breach. Under contract law, special damages must have been reasonably foreseeable and must have resulted directly and immediately from the breach, or they must not be enforceable. Exclusion Rule – A rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in a court case. Law – The enforceable rules that govern the conduct of individuals and groups in a society. The law establishes standards of conduct, procedures for standards of conduct and remedies available if the standards are not met. Law Clerks – Legally trained individuals who assist judges in researching legal advice. Filed in open court – Court documents included in the file during court proceedings. Civil Action – Non-criminal cases in which an individual, business or government sues another person to protect, enforce or redress private or civil rights.
Final Order – An order that ends the dispute between the parties, clarifies the merits of the case and leaves nothing to do but enforcement. Surety (guarantee) – A certificate sent by a surety company to law enforcement to guarantee a defendant`s appearance in court. Ex parte procedure – Legal procedure in which only one party is present or represented. It is different from the opposite system or procedure and is only legal in certain circumstances. For example, a hearing on an injunction. Dual criminality – Bring a person to justice more than once for the same crime. It is prohibited by the Fifth Amendment to the United States Constitution and Article II, E of the New Mexico Constitution. Due process – The right of all persons to receive the guarantees and guarantees of the law and judicial procedures. It includes constitutional requirements such as adequate notification of judicial proceedings, the possibility of being heard by the judge, the support of a defence lawyer and the right of the accused to remain silent, to a prompt and public trial, to an impartial jury and to confront and obtain witnesses. Service – The delivery of a legal document or the obligation to appear in court by an officially authorized person in accordance with the formal requirements of applicable laws.
The service, unless waived, is required for complaints, subpoenas or subpoenas to inform a person of a lawsuit or other legal action against them. Locus standi – The legal right to bring legal action. Only a person with a legally recognized interest in the matter has the right to take legal action. Lawyer – A licensed lawyer or a lawyer authorized by the courts to prepare, manage and negotiate cases before the courts, prepare legal documents or otherwise represent the interests of citizens. Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing. A contract must have something of value that has been promised or given and a reasonable level of agreement between the parties about what the contract means. The parties must be legally able to conclude binding agreements. Jurisprudence – The study of the law and the structure of the legal system. Tribunal – A government body with the authority to settle disputes.
Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Cancellable Contract – 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. Search Warrant – A written order by a judge ordering a law enforcement officer to search a specific area for specific evidence. Conviction – The legal process in which the government takes private land for public use and pays a fair price to the owners, as determined by the court. Colocation – A form of legal co-ownership of property (also known as survival). Upon the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a special form of roommate between husband and wife. Execute – To comply with legal requirements (e.g., Signature in witness) that make a will valid. The enforcement of a judgment or judgment also means the implementation of the final judgment of the court. Declaratory Judgment – A judgment of the court that explains what the existing law is or expresses the court`s opinion on the rights and status of the parties, but does not grant an appeal or provide for enforcement. Agreement or Declaration of Trust – The legal document that establishes a living trust.
Testamentary trusts are established in a will. Robbery – Criminal removal of someone else`s property, person or immediate presence and against their will, by force or fear. Attachment – A court case in which the money of one debtor in the possession of another (the so-called beneficiary of the attachment) is applied to the debtor`s debts, such as: when an employer seizes a debtor`s salary. Total and Multiple Liability – A legal doctrine that holds each of the parties liable for a breach liable for any damages awarded in a legal dispute if the other liable parties are unable to pay. Nunc Pro Tunc – An entry that has now been created for a previously performed action and that has the effect as if it had been performed at an earlier date.