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Explore Section. I am…. Most Popular Pages. Glossary of Legal Terms. From the list below, click the first letter of the legal term you would like to see. Abuse of Process A legal theory alleging improper use by the defendant of a court process, such as a subpoena or lawsuit. Accessory A person who assists in the commission of a crime, either before or after the commission of the crime. Acquit To free from accusation; to clear; to pronounce not guilty. Action A proceeding in a court of law by which one party sues to secure the protection of a right or the prevention of a wrong.
Action In Personam A suit or legal proceeding against the person founded on a personal liability. Action In Rem A suit or legal proceeding directed against specific property. Adjournment Closing of open court usually for lunch, close of the day or recess. Adjudication Giving or pronouncing a judgment or decree by a court of law. Admonition Oral advice by a judge to a jury or defendant. Adversary System The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish opposing contentions before the court.
Advocate n. Advocate v. Affidavit A written statement sworn to before a notary public or another person possessing authority to administer an oath. Affirm Make a formal declaration in place of an oath. Affirmative Defense In criminal law, a defense asserted by a defendant , who has the burden of producing the evidence to support it.
Agent One who is authorized to act for another. Alias Term used to indicate another name by which a person is known ie. Allegation An assertion made by a party which must be proved or supported with evidence. Allege To affirm or declare positively but without proof. To give as reason, excuse or support.
Alleged Suspected; temporarily presumed; supposed. Amend To change or modify in an attempt to improve, correct or update. Annulment Differs conceptually from a divorce in that a divorce terminates a legal status, whereas an annulment establishes that a marital status never existed.
Appeal A procedure in which a party to a legal proceeding seeks the reversal or modification by a higher court of a judgment or final order of a lower court or administrative agency. Appeal Bond A sum of money posted by an appellant. Appearance Appearing in court as an attorney, a plaintiff or a defendant in an action. Appellant One who appeals a court decision. Appellee The party against whom an appeal is taken. Appellate Having the power to hear appeals and to reverse court decisions; refers to a court of review rather than one with trial jurisdiction.
Appointed Counsel An attorney appointed by the court to represent an indigent defendant in a criminal case. Arbiter One selected and bound by principles of law to decide on a controversy; referee ; also arbitrator. Arbitration Determination of a controversy by a third party chosen by the two opposing parties who agree to abide by the decision of the third party. Arraign To bring one charged with a crime to court to answer the charge made against him or her.
Arrest Apprehension or detention of a person by a law enforcement officer. Assault The crime of attempting to kill or cause serious physical injury to another person. Attachment Legal seizure of a person or property; the writ ordering seizure. Attestation The act of witnessing the execution of a written instrument and subscribing or signing it as a witness.
Attorney General Chief legal officer for the state. Attorney of Record An attorney whose name appears in the permanent records or files of a case , as representing a party.
Authenticated An act to give legal authenticity to a record so that the record is legally admissible in evidence ; certified copies of public records are self-authenticating and a certified copy is an authenticated copy that needs further verification. Back to Top. B Bail Bond A written guarantee that a party will appear in court when ordered , or risk losing the value of the bond. Bailiff A court officer whose duties are to keep order in the courtroom and to have custody of the jury.
Banc Bench; the place where a court permanently or regularly sits. Beneficiary As it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and, as it relates to a charitable trust, includes any person entitled to enforce the trust. Bench Trial Trial held before judge sitting without a jury.
Bequest A gift of personal property made in a Will. Bill of Attainder A special legislative act pronouncing a specified person guilty of an alleged crime without trial, and sentencing him to death or attainder. Binding Instruction Instruction to the jury that if it finds certain conditions to be true, it must find for the plaintiff , or the defendant , as the case may be. Bind Over To hold for trial or for further inquiry. Bond A certificate or evidence of a debt on which the issuing company or governmental body promises to pay the bondholders.
Bond, Cash Clerk deposits based on an order from the judge to put into registry or savings securing money owed or property in a Civil case. Bond, Replevin A bond executed to indemnify the officer who executed a writ of replevin and to indemnify the defendant or person from whose custody the property was taken for such damages as he may sustain. C Calendar The schedule of proceedings before a court at a particular time or session. Calendaring Assigning and scheduling of court appearances. Calling the Docket The public calling of the docket or list of cases for setting a time for trial, ruling on motion or entering orders.
Caption The heading or introductory clause which shows the names of the parties , the name of the court, and the number of the case. Case Any action or special proceeding. Case Law Law whose principles are derived from court decisions. Cause A civil or criminal action , suit or litigation.
Certificate of Default A term no longer used. Certified Copy A copy of a document with a certificate attesting that the copy is a true and correct copy of a document on file. Chambers The private office or room of a judge.
Change of Venue The procedure for removing a case from a court in one county or judicial circuit to the appropriate court in another county or judicial circuit, because of inability to get an impartial hearing due to publicity, public feeling, etc. Charge Jury The giving of instructions on law by the judge to the jury at the end of a trial. Child Custody Decided in Family Court about the care, control and maintenance of a child which may be awarded to one of the parents as in a divorce or separation proceeding.
Civil Action A lawsuit based on a private wrong, as distinguished from a crime, or to enforce rights through remedies of a private or non-penal nature. Citation A summons to a misdemeanant calling for appearance in court; A reference in a brief to a previous court decision, statute or other authoritative writing. Claim s In civil cases , the statement of relief desired; In respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract , in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator , including funeral expenses and expenses of administration.
The term does not include estate or inheritance taxes demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. Claimant Anyone who asserts a right, demand or claim. Class Action A lawsuit filed by a small group of plaintiffs on behalf of themselves and numerous other persons in a similar situation.
Clerk Deputy of court who files pleadings , motions , judgments , etc, issues process and keeps records of court proceedings. Code A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.
Codicil A supplement or an addition to a Will. Commit To send a person to prison, to an asylum, a workhouse, or a reformatory by lawful authority. Common Law Law which derives its authority from usages and customs of immemorial antiquity, or from the judgments and decrees of courts. Commutation The change of a punishment from a greater degree as from death to life imprisonment. Comparative Negligence The doctrine by which acts of opposing parties are compared in the degrees of negligence , frequently on a percentage basis.
Compensatory Damages Damages awarded the injured party to make up or compensate for only the injury sustained; damages awarded to replace the loss caused by a wrong committed. Competency In the law of evidence , the presence of those characteristics which render a witness legally fit and qualified to give testimony.
Compulsory Process Process to compel the attendance in court of one wanted as a witness. Conclusions of Law A statement of the rules of law as applied to the facts of a particular case. Concurrent Sentence Sentences for more than one crime in which the time of each is to be served together, rather than successively. Condemn To pronounce guilty. Condemnation The process by which property of a private owner is taken for public use, without his consent, but upon reward and payment of just compensation; also eminent domain.
Confession A statement acknowledging guilt which is made by a person charged with a crime. Confiscate The governmental taking of private property without payment. Conformed Copy A copy which exactly corresponds to the original, e. Consecutive Sentence When one sentence of confinement is to follow another in point of time, the second sentence is deemed to be consecutive. Consent Decree Agreement by defendant to cease activities asserted by government to be illegal.
Conservator A person who is appointed by a court to manage the estate of a protected person. Consolidate The joining of two or more separate lawsuits for trial purposes.
Contempt Willful disregard or disobedience of a public authority. Continuance A postponement granted by the court in a legal proceeding. Contract An oral or written agreement between two or more parties which is enforceable by law. Convene To come together or cause to assemble in court. Conversion A legal theory and action based on the improper use by a defendant , for his or her own benefit, of personal property belonging to the plaintiff. Convict To condemn or find one guilty of a criminal charge; to pronounce an accused person guilty as charged.
Conviction A judgment of guilty upon a plea of guilty at the end of trial finding the defendant guilty. Corpus Delicti The body material substance upon which a crime has been committed, e. Corroborating Evidence Additional evidence so that evidence already given and tending to strengthen or confirm it. Cost Bill A certificate filed by the prevailing party in a lawsuit to reflect the costs being claimed against the losing party.
Cost Bond A bond given by a party to an action which acts as an assurance that if the outcome of a case is not favorable such costs as may be awarded against the party will be paid.
Costs Monies necessarily expended in the course of a lawsuit, beginning with the docketing or filing fee, and may include services fees, witness fees, deposition costs, etc. Counsel of Record All attorneys involved in a lawsuit who have formally appeared therein.
Count When a plaintiff claims more than one ground for recovery, each ground is stated separately. Counterclaim A claim by a defendant against a plaintiff in response to a complaint. Court Monitor A person who takes audio recording of proceeding during court proceedings. Court of Original Jurisdiction A court with the power to review the proceedings and judgments of lower courts.
Court Reporter A trained stenographer who keeps a verbatim report of oral proceedings during court proceedings and prepares a transcript of the case when required.
Courts of Record Those courts whose proceedings are permanently recorded and which have the power to fine or imprison for contempt. Criminal Cases Cases tried by the state against an accused in felonious matters.
Criminal Insanity The lack of mental capacity to do or abstain from doing a particular act. Cross-Examination The questioning of a witness in a trial, or in the taking of a deposition , by a party opposed to the party which called the witness. Cumulative Sentence Any sentence which is to take effect after the expiration of a prior sentence. See consecutive sentence Custody The care, guarding and safe keeping of a thing; confinement. Custody Status Whether defendant is in custody , released on bail or released on own recognizance.
D Damages Pecuniary money compensation which may be recovered in the courts by any party which has suffered loss, detriment, or injury to person, property or rights, through unlawful act or negligence of another. De Novo Anew, fresh. Decedent A deceased person. Declaratory Judgment A judgment which declares the rights of the parties or expresses the opinion of the court on the question of law, without ordering anything be done.
Decree A decision or order of the court in a non- jury case. Default Judgment Judgment entered by court against party in default. Defendant The party against whom a civil or criminal action is brought. Deposition The sworn testimony of a witness taken outside of court and transcribed by a reporter. Devise A gift of real property made in a Will. Direct Evidence Proof of facts by witnesses who saw acts done or heard words spoken; distinguished from circumstantial evidence , which is called indirect.
Directed Verdict A verdict reached by the judge, taking a decision from the jury , because the party with the burden of proof has not produced sufficient evidence to prove its case, e.
Dismissal With Prejudice The dismissal of a lawsuit or claim which prohibits the party from bringing another action on the same claim or cause. Dismissal Without Prejudice The voluntary dismissal of a lawsuit or claim by a party , preserving the right to bring the claim at a later time if desired. Dissolution of Marriage The act of terminating a marriage; divorce ; does not include annulment. Disqualification The removal of a judge from presiding in a case by affidavit of a party to the action.
Disposition Final settlement or result of a case , whether by dismissal, judgment , etc. Divorce The legal separation of man and wife, effected by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties.
Docket A brief entry made into the formal record of proceedings of a case ; can be manual or computerized. Docket Number The numerical designation assigned to each case by a court; also known as the case number. Docketing Registering all the activity in a case , e. Domestic Relations Branch or discipline of the law which deals with matters of the household or family, including divorce , separation, custody and support.
Double Jeopardy Common-law and constitutional prohibition against more than one prosecution for the same crime, transaction or omission. Eminent Domain The power to take private property for public use. En Banc On the bench; all judges of a court sitting together. Enjoin To require a person, by writ of injunction from a court of equity , to perform or to abstain or desist from some act.
Entrapment The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him or her, for the purpose of instituting a criminal prosecution against him or her. Equity A legal remedy based on a system of fairness natural right or justice, as distinguished from remedies based on the common law.
Error A mistaken judgment or incorrect belief as to the existence or effect of matters of fact, or a false or mistaken conception or application of the law. Escheat In American law, the right of the state to an estate for which there is no person legally qualified to inherit or claim the estate. Escrow The written agreement between two parties that a third person will hold a deed, money or the like, to be delivered to one of the parties to a transaction when certain conditions or contingencies are met.
Estate A collective term meaning all property owned by a person, including real and personal property, and other legal rights. Estoppel A party is prevented by its own act from claiming a right which is detrimental to another party who was entitled to rely on such conduct and acted thereon. The recovery of property by judicial process.
Evidence All types of information written, verbal, material objects which may be presented in a trial or other hearing. Examination The formal interrogation of a witness ; inquiry, investigation, questioning of. Examination, Cross The questioning of an opposing witness during a trial or hearing. Examination, Direct The first questioning in a trial of a witness by the party that called the witness.
The questioning of a witness by the party that called the witness, conducted after cross-examination, to rehabilitate the witness or amplify matters discussed in cross-examination. Examination, Rebuttal The introduction of new evidence to contradict the evidence and affirmative defenses presented by the opposing party. Excusal Peremptory challenge to a district judge.
Exemplified Copy An official and certified copy of a document from public records. Ex Parte By or for one party ; done on the application of one party only, usually without notice to the other party. Exhibit A document or item which is formally introduced in court and which, when accepted is made part of the case file.
Exonerate To relieve or exculpate someone of a debt. Extradition The surrender from one state to another of a person the second state wants to criminally prosecute.
F False Arrest The act of depriving one of liberty by unlawful physical restraint. Felony A crime of graver nature than a misdemeanor. Fiduciary A term derived from Roman law meaning a person who stands in a special relation of trust, confidence, or responsibility in his or her obligations to others. File A record of the court. Finding A decision by judge or jury about a question of fact. Fine A penalty or forfeiture; in civil cases the fine is paid to the offended party ; in criminal cases the fine is paid to the court.
Foreclosure A legal proceeding taken to enforce payment of a debt through the sale of property on which the creditor holds a lien. Forgery Falsely making or materially altering what would otherwise be an apparently genuine document, with an intent to defraud others who rely on the genuineness of the document. Formal Proceedings Proceeding conducted before the district court with notice to interested persons.
Foreign Judgment A judgment from another court that is entitled to full faith and credit in New Mexico. Fraud An intentional perversion of truth; deceitful practice or devise resorted to with intent to deprive another of property or other right, or in some manner to inflict injury.
Garnishee The person upon whom a garnishment is served, usually a debtor of the defendant in the action. General Assignment The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all creditors.
General Jurisdiction Term used to indicate that a court has jurisdiction to hear all controversies that may be brought within the legal bounds of rights and remedies. Guardian ad litem A person appointed by a court to look after the interests of an infant or incompetent person involved in litigation.
Harmless Error An error committed by a lower court during a trial which is not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment. Hearsay Evidence Evidence not based on the personal knowledge of the witness. Homicide The killing of one human being by another. Hostile Witness A witness subject to cross-examination by the party which called him or her to testify, because of evident antagonism toward that party as exhibited in his or her direct examination.
Hung Jury A jury which cannot agree on a final verdict. I Impanel To complete a jury. Impartial Jury Provision of the Bill of Rights 6th Amendment requiring that the accused shall have a fair trial by an impartial jury , means that the jury MUST not favor one party more than another. Impeachment of Witness An attack on the credibility of a witness by the testimony of other witnesses or by the inconsistent testimony or statements of the witness made at an earlier time.
Implied Contract A contract in which the promise made by the obligor is not expressed, but inferred by his or her conduct or implied in law. Imputed Negligence Negligence which is not directly attributable to a person. Inadmissible Evidence which cannot be admitted or received under the established rules of evidence. In Camera In chambers ; in private. Incapacitated Person Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or other cause except minority to the extent he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.
Indemnification Agreement whereby a person agrees to hold harmless another person from anticipated possible loss. Indictment An accusation in writing found and presented by a grand jury , charging the person named with a crime. Indigent One who is needy and poor. Before searching the Public Case History, please read the instructions below.
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