Admissible evidence – evidence that can be presented legally and correctly in civil or criminal proceedings. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Best evidence – primary evidence; the best form of evidence available. The evidence that is about to occur is “secondary.” For example, the original of a letter is the “best evidence,” while a photocopy is a “secondary evidence.” Jurisdiction – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time. Some issues may be heard in state and federal courts. The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2.
The geographical area over which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or a “family fisherman”, as defined in the Bankruptcy Code. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. Complainant – The party who complains or sues; the one who appeals to the court.
Also called applicant. Trust – The legal means of managing real property or personal property established by one person (the settlor or trustee) for the benefit of another person (the beneficiary). A third party (the trustee) or settlor manages the trust. The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: Regarding Civil Actions in “Justice” and not in “Law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important.
For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” Notice – Formal notice to the sued party that a civil action has been brought. Also any form of notification of a court case or the submission of a document. 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, for example when an employer seizes a debtor`s salary. 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. 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. 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. Insolvency Affidavit – A detailed form signed by the defendant under oath attesting to his or her need (inability to pay for a private lawyer). The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e.
the geographical area for which the court has jurisdiction to rule on cases. Guarantee – A legal promise that certain facts are true. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. 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. Fruit of the poisonous tree – confiscated property or statements made after and because of an illegal search or interrogation. The fruits of the poisonous tree are usually inconclusive, as they are contaminated by illegal excavation or interrogation. Party – A person, company, organization or government agency involved in the prosecution or defense of a lawsuit. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim.
In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. Legal Aid – Professional legal services that are generally available to individuals or organizations that cannot afford such services. Acknowledgement – (1) A statement of liability. 2. The brief statement at the end of a legal document indicating that the document has been duly executed and recognised. 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. The study of law and the structure of the legal system non-contestation clause – language in a will, which provides that a person who legally contests the validity of the will is disinherited. Residence – The place where a person has permanent legal residence. A person may have several residences, but only one residence. 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.
Testamentary capacity – The legal capacity to make a will. Trustee – A person who has a legal relationship of trust with another and who has a duty to act primarily for the benefit of the other: i.e. a guardian, trustee or executor. Comparative Negligence – A legal doctrine in new Mexico that compares the actions of opposing parties in a tort case to determine each party`s liability, making each party liable only for its percentage of fault. See also contributory negligence. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. Parol Rule of Evidence – If a written agreement is intended to be a complete and final document, the terms of the agreement cannot be changed by providing proof of oral agreements (parol) that purport to modify, explain or contradict the written agreement.