In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. 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. Family allowance – A small amount of money set aside from the deceased`s estate. Its purpose is to provide for the surviving members of the family during the administration of the estate.

Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Program in accordance with the Criminal Justice Act. 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. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Contract – An agreement between two or more people that creates an obligation to do or not do a particular thing. A contract must have promised or given something of value, and a reasonable agreement between the parties on what the contract means.

The parties must be legally able to conclude binding agreements. The release of a person accused of a crime before trial under certain conditions to ensure that the person appears in court if necessary. May also refer to the amount of bail recorded as a financial condition for pre-trial release. 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. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. 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). 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. A written statement describing why a debtor owes money to a creditor, usually indicating the amount of money owed. (There is an official form for this.) A written statement filed in court or an appeal that explains a party`s legal and factual arguments.

This ICBC dispute resolution offer focuses on defining “new money” when included in a written settlement offer. ICBC offered to settle this personal injury claim for $105,000 in new money plus fees, but the plaintiff declined the offer and made a counteroffer of $450,000. The judge ultimately awarded $87,250, including $80,000 for pain and suffering, a prize of $5,000 for trust, household and child care capacity, and $2,550 for expenses. The defendants and ICBC obtained their legal fees following the submission of the first offer made approximately 6 weeks prior to trial pursuant to rule 14-1 and rule 9-1 of the Supreme Court Civil Rules (Gill v. McChesney, 2018 BCSC 1378) Trust – A legal instrument for the management of real or personal property established by one person (the grantor or settler) for the benefit of another person (the beneficiary). A third party (trustee) or settlor manages the trust. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Settlement terms formulated to include a new money supply would therefore constitute an offer after deduction of relevant previous payments. Personal injury offers use esoteric language such as “new money” and “old money” that changes with the common law. Understanding previous payments to be deducted can also be decisive for the outcome of the case.

Adj. Reference to money deposited in the court registry by a person or entity who knows that the money is owed but does not know to whom to pay it until the outcome of a dispute between two other parties is resolved. In short, the party handing over the money says, “Here`s the money. You both argue about it, but spare me the trouble and expense of the costume. Example: A contractor buys supplies from a hardware store on credit. The store is owned by two people who have dissolved their partnership and are arguing over who owns the claims, including the amounts owed by the contractor. The entrepreneur knows that he owes money for his deliveries, wants to meet his obligations and wants to get rid of debt. The contractor therefore gives what he thinks he owes to the hardware store to hold in court, while the two former partners settle their disputes. Bail – Someone who signs a bond and guarantees to pay money if the defendant does not appear in court as ordered.

Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. 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. Self-defence – The claim that a criminal offence was legally justified because it was necessary to protect one person or property from the threat or act of another. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Trust Deed or Declaration of Trust – The legal document that establishes a living trust. Testamentary trusts are set out in a will. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act.

Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted. 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.