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. Fine: The money a person must pay as a penalty if they do something illegal or don`t do something they should. Attendance Report: A report prepared by the parole service for the judge when sentencing an accused. Describes the accused`s background: financial, professional and family situation; community connections; criminal history; and the facts of the current crime. An attendance report must be drawn up for criminal offences and may be requested in cases of administrative offences. Divorce: Common name for a legally terminated marriage. Pre-trial detention – To refer a dispute to the court where it was originally heard. As a rule, it is a court of appeal that refers a case back to the court of first instance in accordance with the decision of the court of appeal.
Bankruptcy judges on regular active duty in each district; a unit of the District Court. The wording of Rule 8 has been amended as part of the general reorganization of the Civil Code to make it easier to understand and to make the style and terminology consistent across the rules. These changes are only stylistically planned. Direct examination: When a witness testifies and answers questions from the party who asked him or her to testify. (See cross-examination.) Judgment: (1) The formal decision of a court settling the dispute between the parties to a dispute; (2) the official decision or determination of a judge or hearing officer of an administrative authority on the respective rights and claims of the parties to a dispute; also known as an „order” or „order” and may include „findings of fact and legal conclusions”; (3) the final decision of the judge indicating which party won the case and the conditions of the decision. Can be „n.o.a.”, which means a decision in favour of one party even if there has been a judgment for the other party, or „summary”, which means the decision of a court before a trial that states that no facts are disputed in the case and that one party is entitled to a judgment. (See disposition, judgment.) Nullity: The legal nullity of a marriage; Cancellation. (Compare resolution.) 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, with each party liable only for its percentage of fault. See also contributory negligence. Rebuttal – evidence presented by a party after it has stayed its case and after the opponent has relied to contradict and explain the opponent`s evidence. Date of separation: The date of separation for divorce or registered partnerships is when one or both spouses or partners (or both) decides that the marriage or partnership has ended and takes certain steps to demonstrate this (e.g., moving out of the home).
Defendant – In civil proceedings, the person being sued. In criminal proceedings, the person charged with a criminal offence. Deferred Sentence – Sentence deferred to a later date. After sentencing, the judge does not pronounce or impose a sentence, but postpones the sentence to a later date so that the defendant meets certain conditions, such as attending driving school or a probationary period. If the person meets the conditions, the case is dismissed and does not form part of the defendant`s criminal record. Response – The respondent`s response to the plaintiff`s allegations, as set out in a civil suit. A one-off point-by-point, paragraph-by-paragraph response to the points of a complaint; Part of the pleadings. Investigation: A judicial inquiry (investigation) before a court of law or judicial officials authorized to conduct investigations, usually to determine the cause and circumstances of a death. Jury Instructions – A judge`s statement to the jury before the jury begins deliberations on the questions to be answered and the law applicable to the case. Each party offers jury instructions to the judge, but the judge chooses the final wording. Plaintiff: A person who brings an action; the plaintiff or civil proceeding. Entitlement to benefits: When a person who receives public assistance (money from the government) agrees to give maintenance to the state that he will receive in the future.
The person receives money and other benefits from the state. Thus, the State may use part of the child support to pay the cost of this public assistance. The parties to a dispute settle their dispute without judicial proceedings. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. Lease: A contract for the rental of real estate, including residential property, such as a house or apartment. A lease is usually written and covers a specific period of time, such as 1 year. A rental agreement for a place of residence (apartment or house) can be a written agreement or a verbal agreement between the landlord and the tenant. The deletion of former Rule 8(e)(2) „whether for legal, equitable or maritime reasons” reflects the parallel deletions of Rule 1 and elsewhere.
The merger has now been successfully completed. Limited Representation: An agreement with a lawyer to obtain assistance in certain parts of a case for a fixed fee or a limited fee. Also known as „unbundled legal services” or „unbundling”. Appendices – A document or item that is formally submitted to the court and, if accepted, forms part of the record. Deposit: A legal document that you buy from a surety and give to the court instead of a surety. The accused signs and is released. But if they don`t get to court when they`re supposed to, they`ll have to pay the bail amount. Guarantee – A legal promise that certain facts are true.
Exempt property – In collection, enforcement and bankruptcy proceedings, these are certain assets protected by law from the reach of creditors.