Agreement or Declaration of Trust – The legal document that establishes a living trust. Testamentary trusts are established in a will. Cancellable Contract – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian. Parol Rule of Evidence – If a written agreement is intended to be a complete and final document, the terms of the agreement cannot be changed by providing proof of oral agreements (parol) that purport to modify, explain or contradict the written agreement. Will – A legal statement that holds a person`s property at the time of death. Breach of contract – Failure of a party to comply with the terms of a contract without legal excuse. Legal construction – a procedure by which a court attempts to interpret the meaning and scope of legal provisions. Third Party – A person, company, organization or government agency that is not actively involved in a legal process, agreement or transaction, but is affected by it. Complainant – The party who complains or sues; the one who appeals to the court. Also called applicant.
Collateral Estoppel – A rule that prohibits disputes between the same parties on a particular issue or decisive fact when there is a previous judgment. Trust – The legal means of managing real property or personal property established by one person (the settlor or trustee) for the benefit of another person (the beneficiary). A third party (the trustee) or settlor manages the trust. Res judicata – A question or question that has already been decided by a court. A final judgment on the merits is decisive with respect to the rights of the parties and constitutes an absolute obstacle to a subsequent action concerning the same claim, claim or cause of action. The authority of res judicata prohibits the reopening of disputes of the same means between the same parties in the event of a previous judgment. In comparison, collateral estoppel prevents litigation relating to a particular problem or a certain decisive fact. Compare collateral estoppel. Competent witness – Any person is considered competent to be a witness. If a party questions the jurisdiction of a witness, the judge must determine whether the witness is able to observe, remember and communicate what he or she saw, and that the witness understands the duty to be truthful. Conviction – The legal process in which the government takes private land for public use and pays a fair price to the owners, as determined by the court.
Guarantee – A legal promise that certain facts are true. Common-law lawyer – An individual (who is not necessarily a lawyer) authorized by another person to act in his or her place, either for a specific purpose or to perform a specific act; or for the resolution of companies in general, not of a legal nature. This authority is conferred by a written document called a power of attorney or, more commonly, a power of attorney. Reasonable person – A term used to refer to a hypothetical person who exercises the qualities of care, knowledge, intelligence and judgment that society requires of its members to protect their own interests and those of others. This term is often used in tort, where the test of negligence is based either on the failure to do something that a reasonable person, guided by considerations that normally govern conduct, would do, or on something that a reasonable and prudent (wise) person would not do. n. one of the many volumes dealing with law, which includes statutes, case reports, case summaries, commentaries on specific topics, encyclopedias, manuals, legal summaries, dictionaries, legal forms and various combinations thereof such as case reports with commentaries. Each state`s statutes and federal code are published, usually with commentaries, “annotations,” and brief statements of decisions that contribute to the interpretation of each individual law. Written reports of appeal proceedings are collected for each state, the federal government, England and many other countries.
Collections of summaries (short summaries) of case decisions, broken down by topic, are available for each state as well as for federal decisions. There are books on almost every legal topic. Almost all collections of laws, collections, books of forms and commentaries are regularly updated with the latest recent decisions, bills and commentaries, often with loose-leaf “pocket pieces” added each year, and entirely new volumes as many changes have accumulated. Many books are now being replaced or supplemented with computer floppy disks or computer modem services. The first known book of law was written in 2100 BC for the king of Ur. Comparative Negligence – A legal doctrine in new Mexico that compares the actions of opposing parties in a tort case to determine each party`s liability, making each party liable only for its percentage of fault. See also contributory negligence. Fruit of the poisonous tree – confiscated property or statements made after and because of an illegal search or interrogation. The fruits of the poisonous tree are usually inconclusive, as they are contaminated by illegal excavation or interrogation.
Pretermit child – A child born after the execution of a will and who is not provided for in the will. New Mexico law provides that a portion of the estate`s assets go to these children. Habeas Corpus – A brief used as a means of bringing a person to justice to determine whether they are being held unlawfully. Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing. A contract must have something of value that has been promised or given and a reasonable level of agreement between the parties about what the contract means. The parties must be legally able to conclude binding agreements. First Appearance – The first appearance of an arrested person before a judge to determine whether or not there is a probable reason for their arrest. As a rule, the person appears before a judge within hours of arrest.
Also called first appearance. Equality – In general, justice or equity. Historically, justice refers to a separate body of law developed in England in response to the inability of common law courts, in their strict adherence to rigid writings and forms of action, to consider or provide a remedy for any violation. The King therefore created the Court of Chancery to deliver justice between the parties in cases where the common law would provide inadequate compensation. The principle of this legal system is that fairness finds a way to achieve a legal outcome when the judicial process is inadequate. Remedies such as injunctions and injunctions are appropriate remedies. The courts of equity and justice are now merged into NM. Injunction – an application or order of a court prohibiting the performance of a particular act by a person or group.
An injunction is issued provisionally until a full hearing can be held to determine whether it should be made permanent. Moot – A contentious case or point of contention is not subject to a court decision because it is an abstract issue, because there is no real controversy or because the problems no longer exist.