In such cases, the court issues an order, declaring that the couple is no longer living together, but the marriage bond is not dissolved. Any question, civil or criminal, litigated or contested before a court of justice. Expungement - Official and formal erasure of a record or partial contents of a record. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties original agreement. It is a form of government in which a few persons (usually the rich) rule and govern for their own advantage, rather than the public good by assuming all legislative and administrative authority. Appeal bond is a guaranty by the party who files the appeal to the effect that the court costs will be paid and the appeal will be filed within the statutory time limit (appeal period). Executor - A personal representative, named in a will, who administers an estate. Statutory Law The body of law enacted by the legislative branch of government, as distinguished from case law or common law. The court does not allow a contradiction of something that you have already accepted as true. This writ is issued to order a governmental agency, individual or administrative tribunal to perform an action, required by law, in case of failure to do that act, or to correct a prior illegal action, or if the official has earlier refused to do that act. Nolo Contendere - No contest. Fraudulent Transfer: Every transfer of the immovable property made with the intent to defeat or delay the creditors of the transferors is called a fraudulent transfer. Motion to Suppress - A motion to prevent admission of evidence in a case. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries. Discharge: A discharge is to perform ones legal duty and complete the obligation. Informations are used for felony charges, not misdemeanors. In case of attestation of affidavits by a notary, the signature and seal of that official is necessary. Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself/herself. Full Faith and Credit: A doctrine contained in the US Constitution that requires all states to respect the records, judicial proceedings, and public acts of all other states. This type of divorce does not require the finding of any fault-based grounds for dissolution of the marriage. Pillory: A medieval punishment and constraining device made of mobile and adjustable boards through which a prisoners head or limbs were pinned. The Constitution prohibits the enactment of ex post facto laws. Accused: The term used to denote a person who is charged with the commission of an offense. Testamentary trusts are set up in a will. Cert. Also, a conclusion by a jury regarding a fact. Survivorship - Another name for joint tenancy, in which one owner becomes entitled to property because he or she has survived all other owners. Reversible Error - An error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. Redirect Examination - Opportunity to present rebuttal evidence after ones evidence has been subjected to cross-examination. Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased persons estate. Ecclesiastical Law: The part of law which regulates the administration and rights and obligations of the Church of England. Acceleration Clause: A contractual provision, which hastens the due date of payment or obligation, as a penalty for default in the payment/obligation. Interim Orders: A temporary order made by a judge during the trial, until a final order is passed. Objection - The process by which one party tries to prevent the introduction of evidence or the use of a procedure at a hearing. Ex Parte Proceeding - The legal procedure in which only one side is present or represented. In civil cases, affidavits of witnesses are often used to support motions for summary judgment. New Mexico law provides for a share of estate property to go to such children. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. Spendthrift Trust - A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his/her own financial affairs. The responsibility of proving a point or points: The level of the burden of proof for a type of case indicates the degree to which the point must be proven. A concurring opinion agrees with the decision of the court but offers further comment or different reasoning. Abuse: Improper or excessive use of any legal right or process. Amendment: A term used to denote any changes made in a bill, law or other court documents. To deny or refuse responsibility - Macmillan Dictionary Bill: A draft of a proposed law which has been presented before a legislative body for approval. Patent: An exclusive right granted to an inventor to make, use or sale an invention for a fixed period of time, approximately 17 years from the date the patent was published. Abeyance: The condition of being suspended temporarily. Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Mandamus - A writ issued by a court ordering a public official to perform an act that s/he is required to do by law under the existing state of facts. Revoke - To cancel or nullify a legal document. A custody agreement, wherein there is no primary custodial parent, as the parents alternate custody of the child. Omnibus Hearing: A criminal pretrial hearing soon after a defendants arraignment (the accused is brought before the court to formally read the complaint against him). Conservators have somewhat less responsibility than guardians.). Descendant: A person who is in direct line to an ancestor, such as a child, grandchild and great grandchild. The person, who is the recipient of the rights is called an assignee, and the one who had transferred the rights is called an assignor. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act. Usually most credit card companies give a grace period of 20 days before interest is charged. Joinder also applies in civil cases, where parties and claims may be joined in one complaint. Justiciable - Issues and claims capable of being properly examined in court. This can happen when the owner of a property gives the present interest of the property to one or more persons for a stipulated period or for life, and at the same time gives a future interest to another. Record Sealing: In some cases, the court records are sealed or destroyed, so as not to make it accessible to public as a public record. Liquidated Damages: A clause commonly found to be incorporated in contracts, wherein the parties agree to pay a fixed sum, in case of violation of the provisions of the contract. Sequester: The process of separating the jury from outside influences by isolating them from any external contact, like the media, general public and even families. Young Offender:A minor, who commits a crime is called a young offender, who are treated differently as compared to adult criminals. Otherwise known as split custody, rotating custody is granted by the court after taking into account many factors, like the preferences of the child, so as to avoid any disruptive effect on him/her. Venire - A writ summoning persons to court to act as jurors, also refers to the people summoned for jury duty, as in the jury venire or jury panel.. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial. Bailment: A transfer of possession of property by one person called the bailor to another called bailee, for a specific purpose and for a fixed period is called bailment. A debenture is a document which either creates or acknowledges a debt. Contract: A voluntary agreement between two or more legally competent parties, in which the parties are obliged to do or refrain from doing certain things. Mediation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them reach a resolution. So this can be considered as an important tool for a lawyer. Emphyteusis: A right subject to assignment and descent, charged on productive real estate. This legal term denotes unlawful taking away of anothers property, without the consent of the latter. Or sometimes, it is used to give a comprehensive description that includes what is obvious, what is uncertain and what is in the ordinary sense impossible. Complaint [Civil] The initial paperwork filed in a civil action that states the claim for which relief is sought; in the complaint the plaintiff states the wrongs allegedly committed by the defendant. A qualified privilege is available, only when the defamatory statement comes under these specific occasions, like a statement made in good faith without malice, or the defendant has an interest or duty to make such a statement and the plaintiff has a corresponding interest or duty to receive that statement. Criminal Contempt - A criminal contempt is an act done in disrespect of the court or its process or which obstructs the administration of justice or tends to bring the court into disrepute. Federal bankruptcy judges preside over these proceedings. Demand Letter: It is a document served by one party to another, stating their version of the facts, and making a legal claim for compensation to resolve the dispute. Personal Representative - The person that administers an estate. Endorsement: Endorsement is to inscribe or sign ones name on the back of a check in order to obtain cash or credit represented on the face of it. Arrest Warrant An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. These rules, which are embodied in case laws developed into a body of laws, and are still followed in Britain and some of its erstwhile colonies. Domestic violence can include physical violence, sexual assault and emotional abuse. It is designed to afford immediate relief from illegal confinement or restraint. Certiorari - A means of getting an appellate court to review a lower courts decision when it is not required to do so. Probate - The court-supervised process by which a will is determined to be the will-makers final statement regarding how the will maker wants his/her property distributed. Most countries have modified these laws and enacted them into statutes. Letters Testamentary - Legal document issued by a court that shows an executors legal right to take control of assets in the deceased persons name. It means from the very beginning. Seal - The Clerk of Court symbol of authenticity. Grand Larceny: The unlawful taking and carrying away of personal property over a certain value set by state law, with the intent to deprive the rightful owner of it permanently. Also, to execute a judgment or decree means to put the final judgment of the court into effect. In Chapter 12 of our Probate Judges Manual is the Probate Glossary that includes legal terms specific to probate court in New Mexico. This blending of properties is called hotchpot. This mechanism is mainly used for the service of process, and for taking evidence. For example, in New Mexico a person who gets a drivers license has given implied consent to allow a police officer to conduct an alcohol breath or blood test, when the police suspects the person is driving while intoxicated. They are permanent in nature. High Seas: High seas denotes all parts of the sea not included in the territorial sea, and international waters of any state. Read more on how to file a quit claim deed. Often referred to as a TRO. This concept of getting something of value in return of giving something of value is similar to the contractual concept of consideration. Booking - The process of photographing, fingerprinting and recording identifying data of a suspect after arrest. Ombudsman: It is an official appointed by the government or parliament to safeguard rights of citizens by receiving, investigating or addressing complaints against the government services or policies. Used when the deceased died without a will. It can be a non-lawyer too, who may land in trouble for practicing law without a license. Debt: A sum of money due from one person to another. While a wrongful arrest refers to the detention of a person without any legal excuse, a discharge of an employee from service, without any lawful reason and in violation of the contract of employment is called a wrongful discharge. A per curiam opinion is an unsigned opinion of the court.. Admonish - To advise or caution. Evidence can be oral, documentary, circumstantial, direct or hearsay. A Latin term, which literally means, to one who is willing, no harm is done. Such a person is differentiated from an accessory by being present or directly assisting the crime, and is liable for the same charge and punishment as the principal criminal. Waiver of Immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings. Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators. Plain View Doctrine - The doctrine that permits a law enforcement officer to lawfully seize incriminating evidence not specifically sought but readily visible in the course of a valid search. Good Title: A title to a property that is free from any reasonable doubt, valid in law and does not hold a considerable chance of litigation. Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself/herself. Sweetheart Contract:A contract made as a result of collusion between the management and the labor representatives, at the expense of the rights of the union workers. Gross Negligence: The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another is considered as gross negligence. Venue The place in which prosecution is brought; venue may be in the county of the defendants residence or in the county in which the offense is alleged to have been committed. Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Deponent: A deponent is a person who gives his testimony in a court of justice or one who makes an affidavit. Chain of Title: The legal term used to denote the history of transfers of title to property from the present owner to the original owner. Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases. Bail Bond A document through which one agrees to accept responsibility for a defendant and insure his/her appearance in court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. This legal relationship creates rights and obligations as per the relevant laws of that state. Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a party to the suit. Unnatural Will: Otherwise known as undutiful wills, unnatural wills are made to bestow the estates of the testator to complete strangers, rather than close relatives. International Law: International law comprises the rules of conduct, which the states feel themselves bound to observe in their relations with each other. Nevertheless, most of us have to encounter these complex terminology at some points in life. Rest - A party is said to rest or rest its case when it has presented all the evidence it intends to offer. When an offender who is a minor reaches majority, his records are expunged. = having a job or duty of doing something and explaining your actions to somebody in a higher position. Living Will: A document executed by a person regarding the life support and other medical treatment, that he/she prefers, in case of sudden debilitation due to some fatal illness that leads ultimately to death. The divorce jurisdiction of a foreign court depends solely upon the domicile of the parties. See also Civil Contempt and Criminal Contempt. Personal Jurisdiction - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights. Suspension (of drivers license) - The driver's license and privilege to drive are temporarily withdrawn, but only during the period of such suspension. Sworn Complaint Affidavit - A sworn, witnessed complaint filed with the Clerk of the Court. Slander is spoken defamation; libel is published. Mainly used in case of judgments granting money or other damages to the party in whose favor the judgment is delivered. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself. For example, in case of an eviction case, where the landlord is seeking unpaid rent, the tenant may make a plea for rent abatement, citing the poor living conditions of his premises. Voidable Contract A valid contract that a party may cancel upon request. An officer has reasonable suspicion when the officer is aware of specific, articulable facts, together with rational inferences from those facts, which, when judged objectively, would lead a reasonable person to believe that criminal activity occurred or was occurring. Also, the process by which a judge is disqualified from a case because a party objects. Criminal contempt can be direct or indirect. According to the criminal law, if a person breaches his/her duty or does not take adequate action to prevent a foreseeable injury or harm, then such an act or failure constitutes an omission. No Admission of Fault or Liability. Responsibilities and responsibility. It is used by lawyers when the point is so clear that there is no need for any elaboration. the jury affirms that a crime has been committed without stating by whom. A commitment can be final, after the sentence is pronounced or till further hearing. Year and a day rule states that in order to constitute a murder, the death must happen within one year and one day of the act or omission, which is alleged to be the cause of the death. No reapplication is necessary to obtain license. See also contributory negligence. To an ancestor, such as a child, grandchild and great.. It can be oral, documentary, circumstantial, direct or hearsay the finding of legal. 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