Contempt of court – behaviour designed to diminish the dignity of a court. Also an intentional act of disobedience to the oral or written order of a judge. There are two kinds of contempt, direct and indirect. If the offensive (contemptuous) behavior occurs before the judge, the disrespect is direct and can be punished summarily. Any other conduct that the judge did not observe is an indirect contempt. Before sanctioning indirect contempt, the court must notify the accused and give him an opportunity to be heard. See also civil contempt and criminal contempt. 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.
Execute – To meet 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. Legal to keep a person or group of people, especially a jury in a court case, separate from other people Total liability – A legal doctrine that holds each party liable for a breach of any damages awarded in a lawsuit if the other responsible parties are unable to pay. Legal, refer a case to the court of origin for processing, legally agree that a decision, law, etc. is based on good legal principles When someone becomes aware of something, don`t say they “take note” of it. They say they notice it. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted.
Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services. Legal to re-convict a person or crime in court because a previous trial was considered unfair or ended without judgment Comfort letter – a legal document issued by a court that shows a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. 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. Legal to give an official document to a court asking them to take legal action – 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. 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. 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. No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. 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. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence.
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. It is also a message to the gods of the enemy that they are the strongest god, and beware. against a person or entity that is not one of the two main persons or entities involved in a legal agreement or case Double 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. Criminal Contempt – A criminal contempt is an act committed in contempt of the court or its procedure, which obstructs the administration of justice or tends to bring the court into disrepute. Criminal contempt can be direct or indirect.