Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. 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. 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. Legal writing is often difficult to read because of its technical language. Technical terms used to convey legal doctrine in laws, court decisions and commercial contracts are often referred to as “artistic terms”. Although these terms differ in origin and purpose, they generally fall into three categories: technical terminology, foreign terminology, and archaic terminology. 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. Will – A legal statement that disposes of a person`s property upon that person`s death.
Replevin – A lawsuit to recover illegally confiscated property. 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. 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. 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. 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. 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. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances.
For example, a contract to commit an illegal act is null and void. 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. 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. Second, and somewhat more difficult, some recognizable words take on different or new meanings when used in the law. Malicence, for example, when used in the law of slander, does not mean hatred or malice; It means “with reckless disregard for the truth.” Similarly, “consideration” in contract law has nothing to do with reflection; It means something of value given by a party to an agreement. If a party is “biased” in the law, it usually means that the party has been disadvantaged, not that the party is sectarian.
“Furnishing” in real estate law is much more than bathroom and kitchen equipment. There are many words like this in the law, and students must shed their ordinary understanding of a word to absorb its legal meaning. Words that have different meanings or specialized in law are sometimes called “artistic terms.” Ex parte proceedings – Legal proceedings 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Finally, students need to develop a greater respect for linguistic accuracy.
Because the meaning of words is so crucial to the art of advocacy, students are expected to use words carefully and accurately. For example, you will learn that there are legally significant differences between “Sally lives in the United States”, “Sally resides in the United States”, “Sally resides in the United States” and “Sally is a citizen of the United States”. Even grammar and punctuation can be crucial: a person who leaves $50,000 “to each of my children who took care of me” has a different intention than a person who leaves $50,000 “to each of my children who took care of me.” The lawyer writing the will needs to know how to handle that comma or, better yet, how to avoid confusion in the first place. The study of law and the structure of specialized terminology of the legal system refers to words specific to the legal profession. Certain technical terms have originated in the legal system to convey specific meanings to the law. Examples of such terms include: affidavit (a written or printed statement made under oath), tort (civil, non-criminal, false), written tort (a written court order directing a person to do or refrain from doing a particular act), and litigation (a case, controversy or lawsuit). Other technical terms are common terms that have been adopted by the legal profession and given a new meaning. Words in this category include: application (application by a litigant to a judge to decide an issue related to the case), damages (money a defendant pays to a plaintiff in a civil proceeding if the plaintiff has won) and assumption (agreement to continue to enforce obligations under a contract or lease). 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. 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. The right as set out in previous court decisions. Synonymous with precedent.