Search warrant – A written order from a judge directing a law enforcement officer to search a specific area for specific evidence. 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. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. 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. 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. Hearings – Written questions posed by a party to a dispute to which the other party must provide written answers. Indictment – The written indictment of a grand jury that charges a person named in the indictment with breaking the law.
Charges are used for felonies, not misdemeanors. If we consider the meaning of the law of admonishment from a canonical point of view, it means that the lightest form of punishment has been given. It is usually given in the form of a warning. In legal cases, a judge`s warning is a warning to the defendant that something should not happen or that it should happen. If the accused does not comply with what the judge has warned, a harsher sentence will be imposed. Admonition – A reprimand is a written form of discipline imposed in cases where a lawyer has committed a minor breach of the Code of Professional Conduct. 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. The legal meaning of the warning is similar to everyday use. When it comes to the so-called friendly correction, many people will use the term exhortation. This type of correction is supposed to mean that a warning of an oversight has been issued.
The definition of the term is to advise someone or give a moderate criticism. 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. Execute – To comply with 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. Opinion – A written statement by a judge of a decision of the court or a majority of judges. A dissenting opinion is not consistent with the majority opinion because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the court`s decision, but offers further comment or reasoning. A per curiam opinion is an unsigned opinion “of the court”. 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. Transcript – A written and verbatim record of what was said, whether in a proceeding such as a trial or in another conversation, such as a transcript of a hearing or oral testimony. Any formal oral statement made during a trial by a judge to deliberate and warn jurors of their duty as jurors, of the admissibility or inadmissibility of evidence, or of the purposes for which they may consider admissible evidence. A complaint that the court makes to a lawyer appearing before the court and warns the lawyer of the unacceptability of his or her conduct in court. If the lawyer continues to act in the same way and ignores the warning, the judge will find him or her in contempt of court, punishable by a fine, imprisonment, or both. In criminal proceedings, the court receives and records the defendant`s plea, a statement from a judge informing the defendant of the effect and consequences of an admission of guilt on the criminal charges. 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. Trust – A legal instrument for the management of real or personal property made by one person (the settlor or settlor) for the benefit of another person (the beneficiary). A third party (trustee) or settlor manages the trust. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Factum – A written statement prepared by one of the parties to a dispute explaining to the court its views on the facts of a case and the applicable law. Complaint – [Civil Law] The first documents filed in a civil action specifying the claim for which relief is sought; In his application, the plaintiff sets out the injustice allegedly committed by the defendant.
[Criminal] A written affidavit stating that the complainant has reason to believe that the defendant has violated a criminal law. In court, it is not uncommon for a judge to issue a reprimand to a person in the following types of cases: Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). 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. Escrow account – money or written instrument such as a deed held by agreement between two parties by a neutral third party (trustee) until all the terms of the agreement are met. 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. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. 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. It is also not uncommon for a judge to issue a reprimand in a custody case. The judge will tell the parents not to speak ill of the other parent in front of the child, or some kind of punishment will be imposed, which could prevent the disobedient parent from spending much time with the child in their physical custody.
Admonition – Friendly advice, advice, criticism or correction, which may be given orally or in writing.B. Warning – An oral or written communication that the continuation of a particular conduct may give rise to further disciplinary action.C. Probation Conduct – A second violation means that the disciplinary action is based on both charges. 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. Registration of a Judgment or Order – The submission of a written, dated and signed judgment or order. Although admonition can be considered a form of counseling, it is almost always accompanied by some form of reprimand. When you are warned of a mistake you are likely to make in the near future, it is called a reprimand.