A file containing pleadings, judgment, motions, judgment and other documents of a dispute. Legal acts must be compiled by the plaintiff and submitted for appeal to the Court of Appeal. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. The union of two or more persons in the context of legal proceedings. Lease: A verbal or written agreement between a tenant and a landlord between a tenant and a landlord before the tenant moves in that sets out the terms of the lease, such as the amount of rent and the due date. See rental contract and periodic lease. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.
For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Memorandum at issue: A legal document filed in a civil case indicating that the matter is ready for going to court. (See memorandum on set.) Non-compliance: Failure to perform an action for which you are legally responsible. (Compare misconduct, misconduct.) Voluntary Declaration of Parentage or Paternity (VDOP): A form that parents sign to prove that they are both the legal parents of a child and that they must be listed on the child`s birth certificate. Once filed with the state, it is equivalent to a court order. Partisan: In a case of domestic violence, the person who claims to be a victim of domestic violence may choose someone, a support person, to provide moral and emotional support. The support person does not need to have any special training or qualifications. The supporter may sit with the person to be protected during court hearings if the person to be protected does not have a lawyer, but cannot give legal advice or defend the person to be protected. The supporter may also accompany the protected person to custody mediation or referral to mediation.
For more information on supporters, see article 6303 of the Family Code. Status offence: An illegal act committed by a child solely because of his or her age (e.g. absenteeism, consumption of alcohol by minors, etc.). In family law or children`s law, the moment when a child becomes legally free from parental authority occurs automatically when he or she reaches the age of majority (18 in most cases). This can happen earlier if the child is married or if he is abandoned by the parents and takes care of himself. A legal theory that alleges that the defendant abused a legal process, such as a subpoena or lawsuit. 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. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal. All legal proceedings that are not criminal acts are civil actions. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. A lawsuit or legal proceeding against a specific property. 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. Limited Representation: An agreement with a lawyer to obtain assistance in certain parts of a case for a fixed fee or a limited fee.
Also known as “unbundled legal services” or “unbundling”. Warrant of Arrest: A written order issued and signed by a judge or bailiff directing a peace commissioner to take certain actions. May be: (1) an arrest warrant – orders a peace officer to arrest the person charged with a crime and bring them to trial for prosecution; (2) an arrest warrant – a judge`s order to arrest and bring a person to trial because the person failed to appear in court when they should; (3) a recall order – an order to remove information about revoked arrest warrants from Justice Department and state police computers in order to prevent erroneous arrests; or (4) a search warrant – a probable cause order that directs law enforcement officers to search specific premises for specific persons or things and bring them to court. Bankruptcy: The legal way for a business or individual to get help if they can`t pay the money they owe. In bankruptcy court, they can get rid of their debts by paying off part of their debts. At these hearings, there are special insolvency judges. 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. Family court: a court that hears family matters such as divorce (“dissolution”), separation of spouses, annulment of marriage or domestic partnerships, custody and maintenance of children, and applications for domestic violence. Written statements submitted to the court outlining a party`s legal or factual allegations about the case.
A postponement granted by the court in the context of legal proceedings. In general, an extension may only be granted for cause, such as illness, defence counsel or a party, or in the event of the unavailability of a witness or with the agreement of the parties. Lawyer: A person qualified to represent clients in court and provide legal advice. (See Lawyer and Attorney.) In criminal law, pre-trial negotiations between the defence and the prosecution in order to reach a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a lesser offence, or to plead guilty to one or more charges, but to release others, or the prosecutor may agree to recommend a particular sentence. The terms of a negotiated plea must be set out in open court and are only effective if approved by the trial judge. A crime of a more serious nature than a misdemeanor. In general, an offence may be punishable by death or imprisonment for more than one year. The categories of offences and permissible penalties are as follows: for Class A crimes, imprisonment for a term of not less than ten years and not more than thirty years, or life imprisonment; for Class B offences, a term of not less than five years and not more than fifteen years; for Class C offences, a maximum period of seven years; for a Class D felony, a maximum period of five years.
Legal aid organizations: Organizations that provide free legal advice, representation and other legal services to low-income individuals in non-criminal matters. 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. The “marriage” of a man and a woman living together without the formalities or laws of marriage; is not recognized in New Mexico. Breach of contract – failure of a party to comply with the terms of the contract without lawful excuse. Legal order requiring the competent official to execute a judgment, sanction or decree. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. 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.
Will: A legal document that lists a person`s wishes for what will happen to their personal property after their death. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. Seizure: A legal proceeding that withholds a portion of a person`s salary and/or property to pay a debt. Garnishment of wages or income is generally involuntary. (See also direct deduction from income, withholding tax, withholding tax.) Adjudicator: A person appointed by the court to hear and make decisions on limited legal matters, such as minor or traffic offences. Bail Notice: A legal document from the court stating that the court will issue a warrant for arrest unless the defendant shows up in court or pays bail. Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court. Custodian: An officer designated by the court to be responsible for money or property lawfully seized in an ongoing case.
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. 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.