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. Beyond a reasonable doubt – The norm in a criminal trial that requires the jury to be morally confident that every element of a crime has been proven by the prosecution. This standard of proof does not require the state to establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive to eliminate any reasonable doubt from the mind or the ordinary person. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Reciprocity – A meeting of the parties on the essential terms of the agreement. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer.
The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. 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 viewed by selecting a letter here: ex parte procedure – The legal proceeding in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a particular form of joint rental between a man and a woman. 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. Nolle Prosequi – The prosecutor refuses to prosecute, but can still initiate proceedings within the time limit set by law. 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. 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. Parol Rule of Evidence – If a written agreement is intended to be a complete and final document, the terms of the agreement cannot be modified by evidence of oral agreements (parol) purporting to modify, declare or oppose the written agreement. 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. No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Lawyer – A licensed lawyer or legal advisor authorized by the courts to prepare, administer and negotiate court cases, prepare legal documents or otherwise represent the interests of citizens. 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. Service of a legal document or obligation to appear in court by a person officially authorized in accordance with the formal requirements of applicable laws. Service is required, unless waived, for complaints, subpoenas, or subpoenas to notify a person of a lawsuit or other legal action against that person. 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. beyond a reasonable doubt – the standard required to convict a criminal accused of a crime.
The prosecution must prove his guilt so that there is no reasonable doubt for the jury as to the guilt of the accused. Replevin – A lawsuit to recover illegally confiscated property. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. Elements of a Crime – Specific factors that define a crime and that the prosecution must prove beyond a doubt in order to obtain a conviction. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico.