Action – a case, reason, action or controversy that is challenged or contested in court. Perjury – The crime of perjury under oath. Pre-trial detention – To refer a dispute to the court where it was originally heard. As a rule, it is a court of appeal that refers a case back to the court of first instance in accordance with the decision of the court of appeal. Summary judgment – A decision based on statements and evidence on file without trial. It is used when the essential facts of the case are not disputed and a party is entitled to a judgment. Execute – To comply with legal requirements (e.g. signing in front of witnesses) that validate a will. The execution of a judgment or decree also means the implementation of the final judgment of the court. No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Misdemeanor – An offense punishable by up to one year in a county jail and/or a $1,000 fine. Reasonable belief – probable cause. The facts and circumstances known to the arresting officer and in which he had reasonably reliable information are sufficient in themselves to justify a person with moderate caution believing that a crime has been or will be committed.

Facts sufficient to warrant arrest without a court order. Alternative Dispute Resolution – Resolving a dispute without a full or formal procedure. Methods include mediation, conciliation, arbitration and settlement facilitation. 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. 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. 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. Case law – The study of the law and the structure of the legal system.

Mitigating circumstances – facts that do not constitute justification or excuse for a crime, but may be considered grounds for reducing the degree of culpability. Ad Litem – Latin term meaning “for the purposes of the trial”. For example, an “ad litem” guardian is a person appointed by the court to protect the interests of a minor or a legally incapable person in a dispute. Waiver – A known right to voluntarily surrender. Example: Renouncing the right to a lawyer. Trust Deed or Declaration of Trust – The legal document that establishes a living trust. Testamentary trusts are set out in a will. Severability clause – The separation of crimes or accused in different trials. Fiduciary – A person who has a legal relationship of trust with another person and has a duty to act primarily in the interests of the other: i.e. a guardian, trustee or executor. Guarantee – A legal promise that certain facts are true.

Seizure – A court case in which one debtor`s money held by another (called garnishment) is applied to the debtor`s debts, such as when an employer garnishes a debtor`s wages. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. 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. Necessarily included offence – If an offence cannot be committed without necessarily committing another offence, the latter is necessarily an included offence; Sometimes called a less contained offense. Information – An indictment against a person for a crime, without charge; presented by the prosecution instead of a grand jury. The information is used for crimes, not misdemeanors. Negligence – failure to exercise the diligence that a reasonable person would exercise in the same circumstances. Dissent – (verb) disagree. (name) An opinion of the Court of Appeal setting out the minority opinion and explaining the disagreement of one or more judges with the decision of the majority.

Diversion – The process of removing certain minor offences from the entire court process, provided that the accused undergoes some form of rehabilitation or provides compensation for damages. Violation – A violation of the law that is not punishable by imprisonment. Minor traffic violations are generally considered offences. Edition – 1. The point of contention in a disagreement between the parties in a legal dispute. 2. To ship officially, such as to place an order. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. Concurrent jurisdiction – The power of more than one court to hear and resolve certain types of disputes. Cancellable Agreement – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal.

Arbitration – A form of alternative dispute resolution in which the parties take their dispute to a neutral third party and agree to abide by their decision. In arbitration, there is a hearing where both parties have the opportunity to be heard. Time spent in prison – The actual number of days already spent in prison for an indictment or crime prior to conviction. Will – A legal statement that disposes of a person`s property upon that person`s death. Self-defence – The claim that a criminal offence was legally justified because it was necessary to protect one person or property from the threat or act of another. 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. Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases).

Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate. Remedies such as injunctions and injunctions are equitable remedies. The fairness and justice tribunals are now merged into NM. Patent – A government grant that gives an inventor the exclusive right to manufacture or sell his or her invention for a period of several years. Criminal assessment – procedure in which traffic violators can send a fine (plead guilty by mail). Points may be awarded to the person`s driving record for criminal offences. Licensor or settlor – A person who establishes a trust. Also known as “Trustor”.

Lien – A legal claim against someone else`s property as security for a debt. A lien does not transfer ownership of the property, but gives the holder of the lien the right to have his debt repaid from the proceeds of the property if the debt is not paid otherwise. Pre-trial intervention – programs designed to assist certain qualified criminal accused by distracting them from prosecution and enrolling them in pardon programs. Upon successful completion of the required program(s), the criminal proceedings will be terminated. Pre-trial intervention is most often used in substance abuse and domestic violence, where the accused crime is the accused`s first offense. Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. 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. Warrantless Search – The investigation of a person or place without first obtaining a warrant for arrest, which may be lawful in circumstances as limited as domestic violence, emergency, hot persecution, consent, or threat of immediate removal of prohibited products.