Claim – An explanation of the problems in a written document (a procedural act) that a person is willing to prove in court. For example, an indictment contains allegations of crimes against the accused. A term that means conducting legal proceedings in a manner that protects and upholds the rights of individuals, including notification to all parties and the right to a fair trial before an impartial decision-maker. Dissent – (verb) disagree. (name) An opinion of the Court of Appeal setting out the minority opinion and explaining the disagreement of one or more judges with the decision of the majority. Diversion – The process of removing certain minor offences from the entire court process, provided that the accused undergoes some form of rehabilitation or provides compensation for damages. Certified True Copy – A copy of a document with a certificate attesting to its accuracy and completeness by the official who retains the original. Cert. Denied – Means “certiorari denied”; The writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. “Cert. denied” means that the court decided not to hear the case.
Although the function of judicial review is not expressly provided for in the Constitution, it was provided for prior to the adoption of this document. Before 1789, state courts had already repealed legislative acts that contradicted state constitutions. Moreover, many of the Founding Fathers expected the Supreme Court to assume this role with respect to the Constitution; Alexander Hamilton and James Madison, for example, had emphasized the importance of judicial review in the Federalist Papers urging the adoption of the Constitution. Personal data contained in a court record or document that should be excluded from the public. Also called protected information. For example, a person`s social security number, date of birth, and the names of their minor children. 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. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities.
A process for resolving a dispute with an impartial third party whose decision has been accepted by the disputing parties. Indictment – The formal indictment of a grand jury, stating that there is sufficient evidence that the accused committed the crime to warrant a trial; It is mainly used for criminal offences. The disagreement of one or more judges or judges of a court of appeal with the decision of the majority or judges of the court. A judge or judge who disagrees may write a separate opinion called a dissenting opinion. Equal Protection of the Law – The guarantee of the Fourteenth Amendment to the United States Constitution, Article III and Article II, Section 18, of the NM Constitution that the law treats all persons equally. Court decisions have stated that this guarantee requires that the courts be open to all persons under the same conditions, with the same rules of evidence and procedure; that persons will not be subject to restrictions on the acquisition of property, the enjoyment of personal liberty and the pursuit of happiness which do not generally affect others; whereas persons are not subject to any burden other than or greater than that imposed on others; and that no other or heavier punishment shall be imposed on them for violation of the law. Court of Appeal – A court that has jurisdiction over appeals and reviews the decision of a trial court. Declaration by a court of the rights, obligations, statutes or other legal relationships of the parties.
A court may issue a declaratory judgment if it puts an end to the uncertainty or controversy of the proceedings. Adjudicator – A person to whom the court refers a pending case to testify, hear the parties and report back to the court. An arbitrator is an official with judicial powers who serves as the armed arm of the court, but whose final decision is subject to the approval of the court. Also known as “Special Prothonotary”, “Special Representative” or “Hearing Officer”. Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services. Evidence – Information contained in witness statements or documents that are used to convince the investigator (judge or jury) to decide the case in favour of one party or the other. 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. An act of a court of appeal setting aside or reversing the decision or decision of a lower court. Enforceable precedent – A previous decision of a court that must be followed without compelling reason or substantially different facts or problems. Courts are often bound by the decisions of appellate courts and have the power to review their decisions. For example, district courts are bound by decisions of the Court of Appeals, which can review their cases, and all courts — both state and federal — are bound by decisions of the U.S.
Supreme Court. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. When a lawyer represents a client only for one or more parts of the legal case and not from the beginning to the end of the case. For example, a party may need help calculating child support in a divorce case and hiring a lawyer only for this limited purpose. Also known as a “limited scope presentation”. Subpoena – A document signed by a Deputy Registrar that orders a person to appear in court to respond to a complaint.