Write down Legal Term
Fraud Status: The requirement that certain types of contracts be written to be enforceable. Examples include contracts for the purchase or sale of land and contracts which, because of their terms, cannot be executed within one year. Section 707(b)(2) of the Insolvency Code applies a „means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. A claim for which no specific value has been determined. Fiduciary – A person who has a legal relationship of trust with another person and has a duty to act primarily in the interests of the other: i.e. a guardian, trustee or executor. 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. Judge Advocate: An officer of a court martial who may act as a clerk, prosecutor and/or legal counsel to the court. Subscribe: To ensure the payment or performance of an obligation; to insure life or property; Sell stocks or bonds to the public and agree to buy stocks or bonds that are not sold.
Breach of contract: Failure to comply with a contractual obligation without legal excuse. Literally „telling the truth.” Preliminary questioning of potential jurors by the court and lawyers to determine their qualifications for a jury in each case. In addition, examine a witness by a lawyer to make a formal objection to the witness` testimony or other evidence. Parole, usually under the supervision of a probation officer, is a prisoner who has served part of the sentence for which he or she was convicted. The probationary period may be revoked if the conditions set out in the probation order are not met. 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. Corpus Delicti – body of crime. Objective evidence that a criminal offence has been committed.
It sometimes refers to the body of a homicide victim or the charred shell of a burned house, but the term has a broader meaning. In order for the state to confess or convict the accused, it must prove a corpus delicti, that is, the occurrence of a particular injury or loss and a criminal act as the cause of that particular harm or loss. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Incapacity: Lack of sufficient legal, physical or mental strength to perform an action. 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. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court.
Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. Out-of-pocket expenses: Costs necessarily incurred to initiate civil proceedings or protect rights or property until a court has rendered a decision. A prima facie case: A case in which sufficient evidence has been presented to allow a jury or judge to make a final decision, unless it is overcome and rebutted by other evidence. 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. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. Replevin – A lawsuit to recover illegally confiscated property.
Rejection with prejudice: rejection of an action on the merits that leaves nothing to the court to rule and that has the force of final judgment. 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. Merger Clause – The merger clauses stipulate that the written document contains the entire agreement of the parties. The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement. Arbitration – judgment of the court after clarification of the issues. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. synonymous with „preliminary inquiry”; The hearing held by an associate district judge (or federal court judge) to determine whether a person charged with a crime should be brought to trial. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court.
Judges generally „follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Lawyer: A person who provides legal advice, assistance or reasoning on behalf of a party before a court or tribunal; a lawyer. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case.
A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. In the law of evidence, the presence of the characteristics that make a witness legally fit and able to testify. In inheritance law, a person`s ability to manage and take care of themselves and their own affairs. Dissolution of marriage; Divorce; does not include cancellation of the cancellation. Written notice of an official given to a person or published in accordance with the law indicating that he has been designated as a party to a dispute or charged with a criminal offence. The procedure consists of a summons, summons or arrest warrant accompanied by a copy of the complaint or other procedural act. Specific benefit: A remedy available to an aggrieved party if the remedy is inadequate, under which a defendant may be required to pay under the terms of a contract instead of paying damages. Legal proceedings to enforce the payment of a debt by the sale of immovable property over which the creditor has a lien.
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.