Merger Clause – The merger clauses stipulate that the written document contains the entire agreement of the parties. The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to «appeal» or «to appeal». The one who appeals is called a «complainant»; The other party is the «appellant». Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public.
In private. Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors may be completely discharged from their debts («discharged») or allowed to repay them in whole or in part within a reasonable time. Federal insolvency judges conduct these proceedings. The person with the debts is called the debtor and the persons or companies to whom the debtor owes money are called creditors. Acceptance – A clear message that the offer has been accepted. In the case of contracts controlled by the UCC, contracts for the sale of goods do not have to reflect the terms of the offer. For other contracts, acceptance must reflect the terms of the offer, without omising, adding or modifying the terms. In other words, according to UCC, acceptance can change the terms of the offer without becoming a counteroffer.
Capital Crime — A crime that can be punishable by death. Legend — The title of a legal document that lists the parties, the court, the case number and related information. Latin, which means «new». A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. Transfer — the transfer of a refugee from the country of asylum to the requesting State. 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. Guarantee – A legal promise that certain facts are true. Rejection — The voluntary act of a judge to withdraw from the chair in a particular case because of self-interest, bias, conflict or prejudice. Also the procedure by which a judge is challenged from a case because a party opposes it. 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, with each party liable only for its percentage of fault.
See also contributory negligence. Release on personal recognition — release of a person without payment of bail or bail, after promising to return to court. Geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another. Legal interpretation — a procedure by which a court attempts to interpret the meaning and scope of a statute. 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. Sequestration of witnesses — Keep all witnesses (except the plaintiff and defendant) away from the courtroom, except for their time on the witness stand, and warn them not to discuss their testimony with other witnesses. Also called exclusion of witnesses. This prevents a witness from being influenced by the testimony of a previous witness. A lawsuit brought by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. Residence — The place where a person has their permanent legal residence.
A person can have several residences, but only one residence. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. French, which means «on the bench». All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. Robbery — The criminal expropriation of the property of others, outside the person, immediate presence or presence, and against their will, by force or fear. A written court order ordering a person to do or refrain from doing a particular act. Assets that a debtor is allowed to keep, free from claims by creditors who do not have liens on the property.
Satisfaction of judgment – payment of all amounts due as a result of a court judgment. It can also be used as an adverb meaning «at the first occurrence but subject to other evidence or information». An example of this would be the use of the term «valid prima facie». The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. Prima facie can be used as an adjective meaning «sufficient to establish a fact or give rise to a presumption, unless it is rebutted or rebutted». An example of this would be the use of the term «prima facie evidence». Unlawful Search — Investigating or inspecting premises or persons without lawful authority and in violation of immunity from unreasonable search and seizure pursuant to the Fourth Amendment to the United States Constitution and Article II, Section 10 of the Constitution of New Mexico. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars.
Agreement and satisfaction – compromise and agreement. A way of completing a claim where the parties agree to give and accept something to settle the claim that supersedes the terms of the parties` original agreement. Accord is the new agreement; Satisfaction is the fulfillment of the new agreement. 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. The study of law and the structure of the legal system Exclusionary rule — A rule that prevents the use of illegally obtained evidence, such as property found during an illegal search, in a trial. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Transfer cases — cases that go from one court or jurisdiction to another. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. Jury — The set of potential jurors who are summoned to court, from which the jury is selected.
Also called «Jury Panel». Person responsible for administering a Chapter 13 file. The responsibilities of a Chapter 13 Director are similar to those of a Chapter 7 Director; However, a trustee under Chapter 13 has the additional responsibility of supervising the debtor`s plan, receiving payments from debtors, and making payments from the plan to creditors. Admissible evidence — evidence that can be lawfully and duly introduced in civil or criminal proceedings. Invoke the rule — separation and exclusion of witnesses (except parties) from the courtroom. Arbitration — judgment of the court after clarification of the issues. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally «follow precedents,» that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Family allowance — A small amount of money set aside from the deceased`s estate. Its purpose is to provide for the surviving members of the family during the administration of the estate. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused.
