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Legal Term Not in Open Court

Posted 13. November 2022 by Logistik-Express in Allgemein

A person who is asked by a party to a lawsuit to testify in court or jury. 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. A court-recognized mechanism where two or more cases can be managed together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool resources, hire the same professionals, etc.) A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. Reciprocity – A meeting of the parties on the essential terms of the agreement. Appellant – The party who appeals from one court or tribunal to another. Open court is a legal term in the United States defined by the appearance of a party or his or her counsel at a public hearing as in a trial.

Normally, the public can be present at court proceedings, hearings and similar routine cases. [1] Concurrent jurisdiction – Power of more than one court to hear and resolve certain types of disputes. A full-time judge serving the court. Compare with Senior Judge. Hearsay – The testimony of a witness who did not see or hear the incident in question, but learned about it through second-hand information such as someone else`s testimony, a newspaper or a document. Hearsay is generally not admissible as evidence in court, but there are many exceptions to this rule. 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. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges.

Judge – An elected or appointed public official with the power to hear and decide cases in court. A per tem judge is a temporary judge. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. Pleadings – Written statements by parties in civil proceedings concerning their positions. In federal courts, the main means are complaint and response. Plea – (1) Accused`s response to the indictment – guilty, not guilty, nolo contendere or Alford plea. (2) In criminal proceedings, a public statement by the accused whether he is guilty or not guilty. The accused`s response to the allegations or information contained in the indictment. 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.

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. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion. Criminal Contempt – A criminal contempt is an act committed in contempt of the court or its procedure, which obstructs the administration of justice or tends to bring the court into disrepute. Criminal contempt can be direct or indirect.

Direct contempt includes unlawful or scandalous conduct in the presence of the judge that obstructs the conduct of a court case; It is punishable summarily (i.e. without a hearing) by a fine or imprisonment. Indirect disregard includes deliberate disobedience to court orders that tend to obstruct justice. For example, refusing to comply with lawful court orders, preventing service of trials, withholding evidence, and bribing a witness are considered indirect criminal disregard. Everyone charged with indirect contempt has the right to be informed and heard. Indigence – Financial inability to hire a lawyer or pay court fees. Jury trial – a trial by a panel of persons chosen from among the citizens of a particular district and brought before the court where they have taken an oath to hear one or more questions of fact and decide them by their verdict. Legal advice; A term that is also used to refer to lawyers in a case. Adversary system – The experimental method used in the United States and some other countries. This system is based on the belief that the best way to establish the truth is to give opposing parties every opportunity to present and prove their evidence and to test the evidence presented by their opponents through cross-examination. This is done in accordance with the rules of procedure established before an impartial judge and/or jury.

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. Appearance – (1) The formal procedure by which a defendant submits to the jurisdiction of the court. (2) A written communication to the plaintiff from a lawyer indicating that he or she is representing the defendant. 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. Replevin – A lawsuit to recover illegally confiscated property. Lien – A legal claim against someone else`s property as security for a debt. A lien does not transfer ownership of the property, but gives the holder of the lien the right to have his debt repaid from the proceeds of the property if the debt is not paid otherwise.

Chapter 12 of our Handbook for Probate Judges contains the Estates Glossary, which contains legal terms specific to probate court in New Mexico. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. Latin for “friend of the court”. This is counsel formally offered to the court in a pleading filed by an entity interested in the case but not by a party to it. 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. 1. The question of the dispute between the parties to the dispute; 2. To be sent officially, such as in a court that makes an order. Lawyer – A licensed lawyer or legal advisor authorized by the courts to prepare, administer and negotiate court cases, prepare legal documents or otherwise represent the interests of citizens.

Bankruptcy judges on regular active duty in each district; a unit of the District Court. An order of the U.S. Supreme Court ordering the lower court to provide documents for a case it will hear on appeal. 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. Registrar – A Deputy Registrar who keeps the verbatim record of court hearings on tape.

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