Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. Sentencing Report – A document that contains general information about a convicted person. He is ready to guide the judge in imposing a sentence. This is sometimes referred to as a pre-conviction inquiry. Mandatory challenge by a district judge. See RRMS, 1-088.1 Order of a judge to a law enforcement officer requesting the arrest of the person named in the order for a specific charge. Original document directing judges or lower court officials to confirm or return records of proceedings to justify judicial review. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court.
“See to say” is an expression that means “to tell the truth”. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. Chief Justice – President or administrative judge in a court. The legal bill of rights that must be given to a person arrested or suspected of a crime before he or she can be questioned by judicial officials. In family law or children`s law, the moment when a child becomes legally free from parental authority occurs automatically when he or she reaches the age of majority (18 in most cases). This can happen earlier if the child is married or if he is abandoned by the parents and takes care of himself. The philosophy of law or science that deals with the principles of positive law and legal relations. Guarantee – A legal promise that certain facts are true. A judge`s statement about a person`s rights. For example, a plaintiff may seek a declaration that a particular law, as drafted, violates a constitutional right. Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services. A full-time judge serving the court.
Compare with Senior Judge. A litigant`s application to a judge to rule on an issue related to the case. A legal action or proceeding against the person based on personal liability. Persons who actively participate in the prosecution or defence of legal proceedings. Defendant – In civil proceedings, the person being sued. In criminal proceedings, the person charged with a criminal offence. Deferred Sentence – Sentence deferred to a later date. After sentencing, the judge does not pronounce or impose a sentence, but postpones the sentence to a later date so that the defendant meets certain conditions, such as attending driving school or a probationary period. If the person meets the conditions, the case is dismissed and does not form part of the defendant`s criminal record. Legal order requiring the competent official to execute a judgment, sanction or decree. Waiver – In extradition proceedings, a form signed before a judge in which a defendant voluntarily submits to collection by a foreign court and waives his or her constitutionally guaranteed rights.
Filed in open court – court documents that were included in the record during court proceedings. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a particular form of joint rental between a man and a woman. 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.
Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. The act or practice of lending money at an exorbitant or illegal interest rate. 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. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. 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. Approval of a restructuring plan by an insolvency judge.
A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Contract – An agreement between two or more people that creates an obligation to do or not do a particular thing. A contract must have promised or given something of value, and a reasonable agreement between the parties on what the contract means. The parties must be legally able to conclude binding agreements. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Factum – A written statement submitted by each party`s lawyer in a case explaining to the judge(s) why they should decide the case (or a specific part of a case) in favour of that lawyer`s client. Legal proceedings to enforce the payment of a debt by the sale of immovable property over which the creditor has a lien. The challenge that the prosecution or defense (or plaintiff or defendant in civil cases) may use to remove a potential jury without giving reasons. According to the law, each party is entitled to a number of mandatory challenges. Can be used in New Mexico to challenge a judge.
See AEL 1-088.1. As a general rule, a police search of a person or place is not authorized by law to find evidence, stolen property, weapons, etc. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. synonymous with “preliminary inquiry”; The hearing held by an associate district judge (or federal court judge) to determine whether a person charged with a crime should be brought to trial.
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