Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself. Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. Circumstantial Evidence - All evidence except eyewitness testimony. Sentence Report - A document containing background material on a convicted person. Statutory Law – The body of law enacted by the legislative branch of government, as distinguished from case law or common law. Revoke - To cancel or nullify a legal document. See Petitioner. This prevents a witness from being influenced by the testimony of a prior witness. Statute of Frauds – Law which requires that certain documents be in writing, such as leases for more than one year. Examples include documents, photographs, and physical evidence, such as fingerprints. Implied Consent – Knowing indirectly (through conduct or inaction) that a person would agree or give permission. Notice of Lis Pendens - A notice filed on public records to warn all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment. Reasonable Suspicion - Level of suspicion required to justify law enforcement investigation, but not arrest or search. Presentment - Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. Escheat - The process by which a deceased person’s property goes to the state if no heir can be found. Merger Clause – Merger clauses state that the written document contains the entire understanding of the parties. Pro Bono Publico - For the public good. Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Probable Cause – The evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued. Bar – (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Joinder also applies in civil cases, where parties and claims may be joined in one complaint. Les volcans placés en alerte par les autorités japonaises présentent un risque de projection de cendres, de coulées de lave et de gaz volcaniques. Suspended Sentence - Postponed execution of sentence; sentence is imposed, and execution of sentence is suspended, postponed, or stayed for a period and on conditions set by the judge. Domicile - The place where a person has his/her permanent legal home. Family Allowance - A small amount of money set aside from the estate of the deceased. Charge to the Jury - The judge’s instructions to the jury explaining the law that applies to the facts of the case on trial. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Inter Vivos Gift - A gift made during the giver’s life. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at trial. Personal Representative - The person that administers an estate. Affiant - The person who makes and signs an affidavit. Self-Proving Will - A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker’s death. Unlawful Detainer – An unjustifiable retention of real estate without the consent of the owner or other person entitled to its possession; may occur when a tenant refuses to leave premises after the right of occupancy has ended. Affirmative Defense - Apart from denying a charge or claim, a defendant may assert affirmative defenses such as insanity, self-defense or entrapment to avoid criminal responsibility, or assert the statute of limitations or bankruptcy to avoid civil liability. Whether you’re interested in researching and testing your ideas, saving and recalling your favourite analysis or accessing tools and strategies from leading Industry Educators, Beyond Charts+ is modern, powerful and easy to use charting software for private investors. 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. If both die, it usually will be a close relative. In a criminal case, the burden on the prosecutor is to establish the defendant’s guilty beyond a reasonable doubt, a much stricter standard. It ordinarily does not include formal criminal charges. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act. See also contributory negligence. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals. Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date. An indictment. Endorsed - Stamped with the seal of the court indicating the date and time of filing with the court. Also called “Jury Panel.”. Continuance - Deferment of a trial or hearing to a later date. In contract law, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach, or they are not enforceable. Necessarily Included Offense - Where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense; sometimes referred to as lesser included offense. Mitigating Circumstances - Those facts which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. This allows you to focus on the securities you are interested in, so you can make informed decisions. At Issue – Matters are “at issue” when the complaining party has stated his/her claim, the other side has responded with a denial, and the matter is ready to be tried. VAT: Maximum guaranteed ticket price for a trip over 3 hours in France in second class on a trip with no connections. Testator - Person who makes a will (female: testatrix). 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. The writ is issued when there is no appeal or when an appeal cannot provide adequate relief. Judicial Education Center1 University of New MexicoAlbuquerque, NM 87131-0001, About JEC | Directions | Our StaffUNM | UNM School of Law | Accessibility | Login, © The Stribog comes threaded with 1/2x28 tpi barrel making it simple to mount your suppressor of choice. Contempt of Court –Behavior intended to lessen the dignity of a court. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. Promissory Estoppel – Equitable doctrine allowing the court to enforce a promise even though a valid contract was not formed when a person reasonably acted in reliance on that promise. Petty Misdemeanor – A crime that allows less than six months of jail time upon conviction. Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine (plead guilty by mail). For example, in New Mexico a person who gets a driver’s 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. Exhibits – A document or item which is formally introduced in court and which, when accepted, is made part of the case file. It has been combined with “Malicious Prosecution” to form a new tort, “Malicious Abuse of Process.” See Malicious Abuse of Process. Also known as “trustor.”. HIS Co-op yields to the Lord Jesus Christ and the infallible Word of God (the Bible) as our guide and final authority for life. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety. Subpoena – A process directing a witness to appear and give testimony at a certain time and in a certain place. (2) The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. The underbanked represented 14% of U.S. households, or 18. Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question, because there is no actual controversy, or because the issues no longer exist. Retainer - Act of the client in employing the attorney or counsel; also denotes the fee which the client pays when he/she retains the attorney. Indigent - Needy or impoverished. Revocable Trust - A trust that the grantor may change or revoke. Le client est admissible à l’ajustement du prix uniquement si le prix du produit acheté est réduit pendant la période de l’offre et s’il est en stock en vue de son achat. Also, to execute a judgment or decree means to put the final judgment of the court into effect. Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself/herself. A guardian also may be given responsibility for the person’s financial affairs, and thus perform additionally as a conservator. Abuse of Process – Tort no longer recognized in New Mexico. Evidence that will prevail until contradicted and overcome by other evidence. Mistrial - An invalid trial, caused by fundamental error or inability of a jury to reach a verdict. Principal - The person primarily liable; the person for whom performance of an obligation a surety has become bound. 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. Bar Examination - A state examination taken by prospective lawyers, qualifying them to be admitted to the bar and licensed to practice law. Replevin – A legal action for the recovery of a possession that has been wrongfully taken. Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied upon. A plea through which the defendant does not admit guilt, but which has the same legal effect as a plea of guilty in a criminal case. No-Contest Clause - Language in a will providing that a person who makes a legal challenge to the will’s validity will be disinherited. Grand Jury - A jury of inquiry convened to determine whether evidence against a defendant justifies issuing an indictment; comprised of not more than 18 and not less than 15 persons, with at least 12 concurring before an indictment may be returned. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent. Nolle Prosequi – The prosecutor declines to prosecute, but may still initiate prosecution within the time allowed by law. Court Administrator/Clerk of Court -An officer appointed by the court to oversee the administrative, non-judicial activities of the court. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney. Warranty – A legal promise that certain facts are true. In civil cases, affidavits of witnesses are often used to support motions for summary judgment. Rendition - Transfer of a fugitive from the asylum state to the demanding state. If a case is heard or reheard by the full court, it is heard en banc. Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard. De Novo - “Anew.” A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case. Also called charge to the jury. INTRODUCTION. For example, in criminal cases affidavits are often used by police officers asking courts to issue search or arrest warrants. DOC - The Department of Corrections - state prison facility. See also Civil Contempt and Criminal Contempt. Also, the authority to declare unconstitutional the actions of other branches. Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally. Thus, once the 14-day period has elapsed after purchase, the request for the right of withdrawal is no longer admissible and the card is no longer refundable even if the start date of the validity has not passed. Court Recorder - A deputy clerk who maintains the verbatim record of court proceedings on tape. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing. Brief Information: Railway Recruitment Cell (RRC) has given a notification for the recruitment of Group ‘D’ vacancies in Level 1 of 7 CPC Pay Matrix. Directed Verdict - Now called judgment as a matter of law. For example, the defendant may plead to lesser charges so that the penalties are diminished. Counsel - Legal adviser; a term used to refer to lawyers in a case. A lien does not convey ownership of the property, but gives the lien-holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid. Generally, the person comes before a judge within hours of the arrest. Leniency - Recommendation for a sentence less than the maximum allowed. Declaratory Judgment - A judgment of the court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement. Unenforceable Contract – A valid contract is unenforceable when some defense exists that is extraneous to the formation of the contract, such as when the contract violates the Statute of Frauds or the Statute of Limitations has passed. Execute - To complete the legal requirements (such as signing before witnesses) that make a will valid. If the person completes the requirements, the case will be dismissed and will not be part of the defendant’s criminal record. Custody - Detaining of a person by lawful process or authority to assure his/her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime. HIS Homeschool Co-op believes that children are a heritage of the Lord (Psalm 127:3) and that God has commanded Christian parents to train their children according to the Word of God (Proverbs 22:6, Ephesians 6:4). General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Contraband - Articles, the possession of which is prohibited by law. Joran van der Sloot was born in Arnhem in the Netherlands as one of three sons to Paulus van der Sloot (1952–2010), a lawyer, and Anita van der Sloot-Hugen, an art teacher. . Hearsay – Testimony by a witness concerning events about which the witness has no personal knowledge. Trustee - The person or institution that manages the property put in trust. Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will. Speedy Trial - A rule of law wherein the defendant must be brought to trial within 180 days. Examination – The questioning of a witness under oath. Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently. Satisfaction of Judgment – Payment of all monies determined to be owed pursuant to a court judgment. Calendar - List of cases scheduled for hearing in court. Plaintiff - The person/business/organization/agency that files the complaint in a civil lawsuit. 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. N ame of the Post: RRC Group D (01/2019) CBT Answer Key & Objections Released. In video games, Elden Ring wins Game of the Year at The Game Awards. (DWI can be proved by other evidence even if a defendant’s BAC is less than .08.). A final judgment on the merits is conclusive as to the rights of the parties and is an absolute bar to a later action involving the same claim, demand, or cause of action. ; In Germany, 25 members of a far-right group are arrested in connection with a coup d'état plot. New Mexico’s UCC statutes are encoded at NMSA 1978, §§ 55-1-101 to -12-109. Respondent - The person against whom an appeal is taken. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. Search Warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a specific piece of evidence. Le Japon connait un grand nombre de volcans considérés comme actifs. This is often referred to as “granting cert.,” and results in an order to the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. Felony – A crime that allows a defendant to be imprisoned for more than one year upon being found guilty. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants’ rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses. Usually heard before trial begins. Minor traffic offenses generally are considered infractions. Petitioner - The person filing an action in a court of original jurisdiction. Only a person with some legally recognized interest at stake has standing to bring a lawsuit. A concurring opinion agrees with the decision of the court but offers further comment or different reasoning. Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense. A bench warrant may be issued when a person fails to pay a fine, appear, or attend DWI School. Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the U.S. Constitution Article III, and Article II, Section 18, of the NM Constitution, that the law treat all persons equally. Charging Document - A citation, information, indictment or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction. In-Custody Arraignments (jail cases) – Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means. Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Probable Cause to Arrest exists when the facts and circumstances within the officers’ knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that the suspect has committed or is committing a crime. To do this, lawyers can take and pass the bar exam and satisfy character and moral requirements. The objective proof that a crime has been committed. Issue - 1. Asylum State - The state holding a fugitive from justice in another state. UCC - Uniform Commercial Code. Venue – The place in which prosecution is brought; venue may be in the county of the defendant’s residence or in the county in which the offense is alleged to have been committed. Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a party to the suit. Corpus Delicti - Body of the crime. Slander is spoken defamation; libel is published. Prima Facie – Presumably. First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his/her arrest. Unsecured - In collection or bankruptcy proceedings, a debt or a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt. Discovery – Investigation and gathering of information by opposing parties prior to going to trial. Allegation - A statement of the issues in a written document (a pleading) that a person is prepared to prove in court. This is done under the established rules of procedure before an impartial judge and/or jury. Pretrial intervention is most often used in substance abuse and domestic violence where the crime charged is the defendant’s first offense. Conservatorship - Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself/herself. Jurat - Certificate of officer or person whom writing was sworn before. Strict Liability Statutes – Statutes criminalizing specific conduct without regard to the actor’s intent. If someone dies without a will and the court uses the state’s intestate succession laws, an heir who receives some of the deceased’s property is an intestate heir. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial. Once accepted, the offer is transformed into a contractual obligation. (2) In a criminal proceeding, the defendant’s declaration in open court that he or she is guilty or not guilty. A party generally may not ask one’s own witness leading questions. Conciliation is similar to mediation, but it may be less formal. Instructions - Judge’s explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Conviction - A judgment of guilt against a criminal defendant. Promissory Estoppel allows the court to compensate the person for their expenditures and/or to avoid the unjust enrichment of the other party. Administrator - (1) One who administers the estate of a person who dies without a will. Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction. Competent Witness – Every person is considered competent to be a witness. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. An offense composed of some, but not all of the elements of a greater offense and which does not have any additional elements not included in the greater offense, so that it is impossible to commit the greater offense without also committing the lesser. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party. Commutation - The reduction of a sentence, as from death to life imprisonment. Consolidation - Joinder of two or more separately filed criminal or civil complaints, so that the charges may be tried together. Admonish - To advise or caution. Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. Oaths - Sworn attestations required in court, usually administered by the in-court clerk. Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the state’s descent and distribution statutes. By signing the form, the person posting the bond agrees to forfeit the bond if the defendant fails to appear in court as ordered. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. Jury Array - The whole body of prospective jurors summoned to court from which the jury will be selected. Rebuttal - Evidence that is offered by a party after he has rested his case and after the opponent has rested in order to contradict and explain the opponent's evidence. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision. Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other. Search manuals and training by topics such as DWI. ; Albert Rösti and Élisabeth Baume-Schneider are elected to the Federal Council, … Infraction - A violation of law not punishable by imprisonment. Arbitration - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his/her decision. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”. Motion to Seal - A motion to close records to public inspection. Remand - To send a dispute back to the court where it was originally heard. Interrogatories - Written questions asked by one party in a lawsuit for which the opposing party must provide written answers. Opinion - A judge’s written explanation of a decision of the court or of a majority of judges. In Christian theology, divinization ("divinization" may also refer to apotheosis, lit. A fact presumed to be true unless disproved by some evidence to the contrary. Trial de Novo - A retrial in district court that is conducted as if no trial had occurred in the lower court. Tort - An injury or wrong committed on the person or property of another. Under the UCC, contracts for the sale of goods for more than $500 must be in writing to be enforced. Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances. It does not include life insurance proceeds (unless the estate was made the beneficiary) or other assets that pass outside the estate (like a joint tenancy asset.). Arrest – The official taking of a person to answer criminal charges. The agreement may include sentencing recommendations. Disbarment - Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer’s right to practice law. For example, a contract made by a minor is voidable by the minor or his or her legal guardian. Reynolds v. United States, 98 U.S. 145 (1878), was a Supreme Court of the United States case that held that religious duty was not a defense to a criminal indictment. Non-jury trial - A case tried by a judge on the facts as well as the law. Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others. Decree - An order of the court. Legal Aid - Professional legal services available usually to persons or organizations unable to afford such services. It does not include evidence from documents and other physical evidence. Patent - A government grant giving an inventor the exclusive right to make or sell his/her invention for a term of years. Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other’s benefit: i.e., a guardian, trustee or executor. Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person’s estate. Also called the plaintiff. Removal - The transfer of a state case to federal court for trial. Basic Rules of Play and 2. Bailiff - A court attendant who keeps order in the courtroom and has responsibility for the jury. Recusal - The voluntary action by a judge to remove himself or herself from presiding in a given case because of self-interest, bias, conflict, or prejudice. Usually of short duration. Power of Attorney – Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property. File - To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case. Venue may be changed when a cases has received so much local publicity as to create a likelihood of bias in the jury pool. A defendant who can demonstrate his/her indigence to the court may be assigned a court-appointed attorney at public expense in criminal and child abuse/neglect cases, but not in other civil cases. Sentence - The punishment ordered by a court for a defendant convicted of a crime. Permanent Injunction - A court order requiring that some action be taken or that some party refrain from taking action for an indefinite period. Suspension (of driver’s license) - The driver's license and privilege to drive are temporarily withdrawn, but only during the period of such suspension. So we created Beyond Charts to put you on the right path. Transfer cases - Cases going from one court or one jurisdiction to another. Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered. See also Conservatorship. Pretrial Release - Release by sheriff’s personnel after arrest and before any court appearance, but with a court appearance date. Those Candidates who are interested in the … Surety Bond - A bond purchased at the expense of the estate to insure the executor’s proper performance. Settlement - An agreement between the parties disposing of a lawsuit. Plea Agreement - An agreement between the prosecutor and the defendant, presented for the court's approval, regarding the sentence the defendant should serve upon a plea of guilty, an Alford plea, or a no contest plea. Pretrial Intervention - Programs to aid certain qualifying criminal defendants by diverting them from prosecution and enrolling them in rehabilitative programs. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he/she usually does not offer evidence. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W. Absentia - Absent; proceeding without the defendant present. The panelists are: Elizabeth Doerr (ED), co-founder and editor-in-chiefIan Skellern (IS), co-founder and technical directorJoshua Munchow (JM), resident nerd writerGaryG (GG), resident collector Get the best deals on the Grand Power Stribog SP9A3 at Gun Zone Deals! Service - The delivery of a legal document, or of a requirement to appear in court, by an officially authorized person in accordance with the formal requirements of the applicable laws. Foundation - Preliminary questions to a witness to establish admissibility of evidence; i.e., "laying a foundation" for admissibility. Intangible assets must be taken into account in estate planning and divorce. Lis Pendens - A pending suit. The notice is for the purpose of preserving rights pending litigation. Federal bankruptcy judges preside over these proceedings. Libel is published defamation; slander is spoken. Compare Collateral Estoppel. Magistrate – A judge whose civil and criminal jurisdiction is limited by law. Concurrent Jurisdiction – Authority vested in more than one court to hear and resolve specific types of disputes. Law - The enforceable rules that govern individual and group conduct in a society. Estoppel - A person’s … Attachment - Taking and holding a person’s property during proceedings to ensure satisfaction of a judgment not yet rendered. Defendant - In a civil case, the person being sued. Parol Evidence Rule – When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral (parol) agreements that purport to change, explain, or contradict the written agreement. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act. Attorney-in-Fact - A private person (who is not necessarily a lawyer) authorized by another to act in his/her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character. Collateral Estoppel – Rule that bars relitigation between the same parties of a particular issue or determinative fact when there is a prior judgment. Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met. Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed. Sequestration of Witnesses - Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. Recall Order - Court order recalling a warrant or capias (writ requiring an officer to take a named defendant into custody). Malicious Abuse of Process – Tort involving a litigant’s malicious misuse of the power of the judiciary. The facts and circumstances within an arresting officer's knowledge, and of which s/he had reasonably trustworthy information, sufficient in themselves to justify a person of average caution in believing that a crime has been or is being committed. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law. Ex Parte Communication – Communication about a lawsuit between a judge and one party, witness, attorney, or other person interested in the litigation when all of the parties are not present and the absent party did not have notice. Jury List - A list containing the names of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court. Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. Co-Defendants - More than one person arrested and charged on the same criminal incident. Also called the grantor or trustor. Standing - The legal right to bring a lawsuit. Also, the person who appeals the judgment of a lower court. Typically, the defendant pleads guilty in exchange for some form of leniency. Commit - To send a person to prison, asylum, or reformatory by a court order. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant. The latest Lifestyle | Daily Life news, tips, opinion and advice from The Sydney Morning Herald covering life and relationships, beauty, fashion, health & wellbeing When a mistrial is declared, the trial must start again from the selection of the jury. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than those are laid upon others; and that no different or greater punishment is enforced against them for a violation of the laws. Void Contract – A contract that does not have any legal effect and cannot be enforced under any circumstances. Booking - The process of photographing, fingerprinting and recording identifying data of a suspect after arrest. There are two types of contempt, direct and indirect. When permitted by law, a court may award an amount of money to the successful party, to be paid by the losing party, as reimbursement for the winner’s court costs. Lapsed Gift - A gift made in a will to a person who has died prior to the will-maker’s death. Testimony of a witness other than in open court. Impeachment of a Witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose. Get access to capped prices* Guaranteed capped price per trip depending on travel time. Writ - A judicial order directing a person to do something. Tenancy by the entirety is a special form of joint tenancy between a husband and wife. Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. This term is commonly used in torts, where the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do. Post Date: 12-03-2019. For example, this may occur during a highly publicized trial. Welcome to the 2022 edition of Quill & Pad’s early Grand Prix d’Horlogerie de Genève (GPHG) predictions in which the team picks favorites and explains why.. Hung jury - Jury unable to reach a verdict. Misdemeanor - An offense punishable by not more than one year in county jail and/or $1,000 fine. Perjury - The criminal offense of making a false statement under oath. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker’s intended last will and testament. Breach of Contract – Failure by one party to abide by the terms of a contract without lawful excuse. Plea - (1) Defendant’s answer to the charge - guilty, not guilty, nolo contendere or Alford plea. It ensures payment to the winner at the trial court level if the appeal is unsuccessful. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right. When the contumacious (contemptuous) conduct occurs before the judge, the contempt is direct and may be punished summarily. Pleadings - The written statements of fact and law filed by the parties to a lawsuit. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. A judge Pro Tem is a temporary judge. Summons - A document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint. In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer. Justiciable - Issues and claims capable of being properly examined in court. However, if there is a warning that the goods are sold “as is,” the implied warranty does not apply. The elements of this tort are: (1) initiation of judicial proceedings against the plaintiff by the defendant; (2) an act by the defendant in the use of process that would not be proper in the regular prosecution of the claim; (3) a primary motive by the defendant in misusing the process to achieve an illegitimate end; and (4) damages. After obtaining a law degree and Juris Doctor degree, aspiring district attorneys need to pass the bar exam to earn admission into the American Bar Association. Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. Any question, civil or criminal, litigated or contested before a court of justice. Exempt Property – In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors. Accord is the new agreement; satisfaction is performance of the new agreement. The defendant’s answer to the charges made in the indictment or information. The opposing party is called the respondent. Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available. WebThe president of Austria (German: Bundespräsident der Republik Österreich) is the head of state of the Republic of Austria.Though theoretically entrusted with great power by the Constitution, in practice the president is largely a ceremonial and symbolic figurehead.. Privilege - A right, power, or immunity held by a person or class beyond the course of law, such as the privilege against self-incrimination under the Fifth Amendment. Referee - A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators. Express Warranty - An affirmation of fact or promise made by the seller to the buyer that is relied upon by the buyer in agreeing to the contract. Release On Own Recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court. Also called inter vivos trust. Mitigation – Reduction of penalty or punishment. Statement - A writing made by a person and signed or otherwise adopted or approved by such person; any mechanical, electrical or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are in substance recitals of an oral statement. All other conduct not witnessed by the judge is indirect contempt. Third-Party Claim - An action by the defendant that brings a third party into a lawsuit. True Copy - An exact copy of a written instrument. Estoppel - A person’s own act, or acceptance of facts, which preclude his or her later making claims to the contrary. Lawyers representing clients without a fee are said to be working pro bono publico. It usually is one-third to one-half off the maximum sentence. Motion to Expunge – A motion to delete material from official court records, such as a record of juvenile conviction. Waive - To give up a known right voluntarily. Evidence short of this is “secondary.” For example, the original of a letter is the “best evidence,” while a photocopy is “secondary evidence.”. Judgment - The first disposition of a lawsuit. (b) (1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Judicial Qualifications Commission. Clemency or Executive Clemency - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. Amicus Curiae - A friend of the court. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. Show Cause Order - Court order requiring a person to appear and show why some action should not be taken. Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial. Law Clerks - Persons trained in the law who assist judges in researching legal opinions. Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case. A third person (the trustee) or the grantor manages the trust. Probable Cause to search exists when the facts and circumstances within the officers’ knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified. Consideration – A bargained-for benefit or right. Probate Estate - Estate property that may be disposed of by a will. An objection is either sustained (allowed) or overruled by the judge. Time served - Actual number of days already served in jail on a charge or offense before conviction. Its purpose is to provide for the surviving family members during the administration of the estate. Eminent Domain - The power of the government to take private property for public use through condemnation. Pretermitted Child - A child born after a will is executed, who is not provided for by the will. The most common tort action is a suit for personal and/or property damages sustained in an automobile accident. Abstract of Title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property. Conditions of Release - Conditions upon which an arrested person is released pending trial. Libel is published defamation, whereas slander is spoken. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content (BAC) of .08 or greater is driving while intoxicated. - trips under 1h30 = €39 max - trips between 1h30 and 3h = €59 max - trips over 3h = €79 max Assault - Threat to inflict injury with an apparent ability to do so. Title - Legal ownership of property, usually real property or automobiles. Trial - Examination of any issue of fact or law before a competent court to determine the rights of the parties. Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. Irrevocable Trust - A trust that, once set up, the grantor may not revoke. This Deal Includes: (1) Grand Power Stribog SP9A3 Pistol (Black) … Judicial Review - The authority of a court to review the official actions of other branches of government. Beneficiary - Someone named to receive property or benefits in a will, trust, insurance policy, or other such document. Acknowledgment – (1) A statement of acceptance of responsibility. Probate - The court-supervised process by which a will is determined to be the will-maker’s final statement regarding how the will maker wants his/her property distributed. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms. Jury Trial - A trial in which the jury judges the facts and the judge rules on the law. Limited Jurisdiction – Courts with limited jurisdiction may hear only certain kinds of cases and are precluded from hearing anything else. Return of service - A certificate of affidavit by the person who has served process upon a party to an action, reflecting the date and place of service. Defamation - That which tends to injure a person’s reputation. Similar to precedent. Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken. Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime. Leading questions may be asked only of adverse witnesses and on cross-examination. Deficiency Judgment – Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of that particular injury or loss. Inter Vivos Trust - Another name for living trust. 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. Trust Agreement or Declaration - The legal document that sets up a living trust. Warrantless Search - Examination of a person or premises without first obtaining a warrant, which may be lawful under such limited circumstances as a domestic violence situation, emergency, hot pursuit, consent, or threat of immediate removal of contraband. (See also guardianship. Estate Tax - Generally, a tax on the privilege of transferring property to others after a person’s death. It is forbidden by the Fifth Amendment to the U.S. Constitution and by Article II, E of the NM Constitution. Jurisdiction - The court’s legal authority to hear and resolve specific disputes. Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence. Nunc Pro Tunc - An entry made now for an act done previously and to have the effect as if it were done on a prior date. Sometimes called a respondent. The license shall not be renewed or restored for the duration of the revocation, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation. Transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Specific performance is ordered when damages alone would be inadequate compensation. If named in a will, that person’s title is an executor. The law establishes standards of conduct, the procedures governing standards of conduct, and the remedies available when the standards are not adhered to. (1) €49: Prices valid as of 09/05/2019, excluding special offers. Indictments are used for felony charges, not misdemeanors. Asserting the right is often referred to as “Taking the Fifth.”. Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. No reapplication is necessary to obtain license. Vested - Fixed; accrued; settled; absolute. Specific Performance - A remedy by which a court orders a person who has breached an agreement to perform specifically what he or she has agreed to do. Appellate Court - A court having jurisdiction to hear appeals and review a trial court’s decision. Double Jeopardy - Putting a person on trial more than once for the same crime. Lien - A legal claim against another person’s property as security for a debt. Docket Call - The proceeding in which a judge assigns trial dates or takes pleas. Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. Lesser Included Offense - Any lesser offense included within the statute defining the original charge, such as a lower grade of an offense. (2) An official who manages a court. Pro Se - In one’s own behalf, commonly used to refer to a party representing himself or herself in a court action, instead of being represented by an attorney. Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. Change of Venue - Moving a lawsuit or criminal trial to another place for trial. The amount of evidence that must be presented to prevail in most civil actions. A final decree is one that fully and finally disposes of the litigation. 1496 NW … Price of the Carte Avantage Senior 60+ years old card: €49. Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge. Hearsay is usually not admissible as evidence in court because of its unreliability. Whatever its particulars, consideration must be something of value to the people who are making the contract. It imposes a greater burden than the preponderance of evidence standard, but less than the criminal standard “beyond a reasonable doubt.”. By comparison, collateral estoppel bars relitigation of a particular issue or determinative fact. Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Verdict - The findings of a judge or jury at the end of the trial. Res Judicata – A thing or matter already decided by a court. Same as intestacy laws. Writ of Mandamus - A writ to compel performance of one’s responsibilities as set forth by law. Looking for Used Hyundai Santa Fes for sale? This involves at least temporarily denying a person of liberty and may involve the use of force. Enjoining - An order by the court telling a person to stop performing a specific act. Damages - Money awarded by a court to a person injured by the unlawful act or negligence of another person. Leading Question - A question that suggests the answer desired of the witness. However, the no contest plea may not be used in a civil action related to the criminal charge to prove the defendant’s civil liability. Trustor – Grantor, settlor; one who establishes a trust. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and the expenses of administration; and distributed to those designated as beneficiaries in the will. Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term. Welcome to Beyond Charts. If the parolee observes the conditions, he/she need not serve the rest of his/her term. A per curiam opinion is an unsigned opinion “of the court.’’. Garnishment - A legal proceeding in which a debtor’s money, which is in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor’s wages. Contributory Negligence - A legal doctrine that prevents the plaintiff in a civil action from recovering against a defendant for his/her negligence if the plaintiff was also negligent. Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission. The heir or beneficiary pays this tax. Preponderance of the evidence - Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it. Best Evidence Rule – Rule requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof. Punitive Damages – Damages awarded over and above compensatory damages in order to punish the defendant for malicious, wanton, willful, reckless, oppressive, or fraudulent conduct. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges’ questions. Closing Argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. Disposition - The sentencing or other final settlement of a case. Temporary Restraining Order - A judge’s order forbidding certain actions until a full hearing can be held. Also, a willful act of disobedience of a judge’s verbal or written order. Grand rapids homeschool co op. A person charged with indirect contempt is entitled to notice and a hearing. Good Time - A reduction in sentenced time in prison as a reward for good behavior. Nuncupative Will - An oral (unwritten) will. Decision - The judgment reached or given by a court of law. Equity and law courts are now merged in NM. Also, an original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing party, and if the original is not closely related to a controlling issue in the case. Typically, “jurat” is used to mean the certificate of the competent administering officer that writing was sworn to by person who signed it. In Chapter 12 of our Probate Judges Manual is the Probate Glossary that includes legal terms specific to probate court in New Mexico. Libel - Published words or pictures that falsely and maliciously defame a person. Often referred to as a TRO. A person may have several residences, but only one domicile. Request for Production - A formal court process by which one party requests that another produce certain documents or other tangible items. Res judicata bars relitigation of the same cause of action between the same parties where there is a prior judgment. Objection - The process by which one party tries to prevent the introduction of evidence or the use of a procedure at a hearing. Good Faith – Honest intent to act without taking an unfair advantage over another person. Testamentary Trust - A trust set up by a will. Bond (surety) - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant. Bench Trial - Trial without a jury in which a judge decides the facts as well as the law. Answer - The defendant’s response to the plaintiff’s allegations as stated in a civil complaint. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. It is evidence that furnishes, establishes, or contributes toward proof. 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.