Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Nolo Contendere – No competition. A plea in which the accused does not admit guilt, but which has the same legal effect as an admission of guilt in a criminal case. However, the plea of non-challenge cannot be used in a civil action related to the criminal charge to prove the civil liability of the defendant. For example, a nolo contendere plea for a traffic estimate resulting from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident. Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. 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. Patent – A government grant that gives an inventor the exclusive right to manufacture or sell his or her invention for a period of several years. Criminal assessment – procedure in which traffic violators can send a fine (plead guilty by mail). Points may be awarded to the person`s driving record for criminal offences. Waiver of immunity – A means by which a witness may waive the right to refuse to testify against himself before testifying or testifying, thereby allowing his or her testimony to be used in future proceedings against him.

Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Capital Crime – A crime that can be punishable by death. Legend – The title of a legal document that lists the parties, the court, the case number and related information. Will – A legal statement that disposes of a person`s property upon that person`s death. 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. Res judicata – An issue or issue that has already been decided by a court. A final judgment on the merits is final with respect to the rights of the parties and constitutes an absolute obstacle to further action in respect of the same claim, claim or cause of action. The force of res judicata precludes the repetition of the same plea between the same parties where an earlier judgment has been delivered. In comparison, the forfeiture of the guarantee prevents the recurrence of a particular problem or fact. Compare collateral estoppel.

Violation – The violation or violation of a law, right or duty, either by committing or omitting an act. Exceptions – statements by both parties in civil or criminal proceedings who reserve the right to appeal a judge`s decision against an application or appeal. These are no longer necessary to preserve errors in New Mexico courts. Also in regulatory matters, objections by one party to matters of the other party or to decisions of the Agency or one of its Hearing Officers. 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.

Declaratory judgment – A court judgment that explains what the applicable law is, or expresses the court`s opinion on the rights and status of the parties, but does not provide for redress or enforcement. 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. Misdemeanor – An offence or harm committed against someone else`s person or property. A tort is a violation of a person`s rights, but is not based on a contract. The most common tort action is a claim for bodily injury and/or property damage suffered in a car accident. Case law – The study of the law and the structure of the legal system. 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. Unlawful Possession – An unjustified reservation of real estate without the consent of the owner or any other person entitled to own it; may occur when a tenant refuses to vacate after the occupancy authority has expired. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. Guardianship – a person`s legal claim to be responsible for the food, shelter, health care and other necessities of a person who is unable to provide for these necessities for themselves. A guardian can also take responsibility for the person`s financial affairs and thus act as a custodian.

See also Conservatory. 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.