Name for a Legal Matter

An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Factual lawyer – A private person (who is not necessarily a lawyer) who has been authorized by another person to act on their behalf, either for a particular purpose or for a specific act; or for the conduct of transactions in general, not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Jury List – A list of the names of jurors who have been appointed to a case or the names of all jurors who have been summoned to court. 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. 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. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. Dual criminality – Bringing a person to justice more than once for the same crime. It is prohibited by the Fifth Amendment to the United States Constitution and by Article II, E of the NM Constitution. Due process – The right of all persons to obtain the guarantees and guarantees of the law and judicial procedure. It contains constitutional requirements such as reasonable notice of trial, the opportunity to be heard by the judge, the assistance of defence counsel, and the right of defendants to remain silent, to have a speedy and public trial, to have an impartial jury, to confront each other and to find witnesses. Personal Representative – The person who administers an estate. If mentioned in a will, that person`s title is executor. If there is no valid will, that person`s title is an administrator. Beneficiary – A person named in a will, trust, insurance policy or other similar document to obtain property or benefits. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice.

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. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. Dependent survivor – Another name for joint tenancy in which an owner is entitled to the property because he or she has outlived all other owners. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Poisonous tree fruit – confiscated property or statements made after and because of unlawful search or interrogation.

The fruits of the poisonous tree are generally not admissible as evidence because they are contaminated by illegal search or interrogation. Notice – Formal notice to the sued party that a civil action has been brought. Also any form of notification of legal proceedings or submission of a document. The study of the law and the structure of the legal system Inheritance – An estate includes personal property (car, household goods and other tangible property), real estate and intangible property, such as share certificates and bank accounts, which are in a person`s individual name at the time of death. It does not include life insurance proceeds (unless the estate has become a beneficiary) or other assets that pass outside the estate (such as joint rental assets). Prosecutor – A litigator who represents the government in criminal proceedings and the interests of the state in civil cases.

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