$50.00

2.5 Credit Hours
0.25 NCRA PDCs

Familiarity with legal terms aids in capturing them correctly and more quickly. It is therefore beneficial to be able to discern/recognize legal terms and correlate them with their meaning and proper context.

NCRA# PQ-CECEU0762824A 

Familiarity with legal terms aids in capturing them correctly and more quickly. It is therefore beneficial to be able to discern/recognize legal terms and correlate them with their meaning and proper context..

A

Abate - To put an end to; to cancel out

Abatement of Action - A suit which has been set aside and ended.

Absentia - Absent; proceeding without the defendant present.

Abstract of Title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

Abuse of Process – Tort no longer recognized in New Mexico. It has been combined with “Malicious Prosecution” to form a new tort, “Malicious Abuse of Process.” See Malicious Abuse of Process.

Acceptance – An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms. In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer.

Accomplice – (1) A partner in a crime. (2) A person who knowingly and voluntarily participates with another in a criminal activity.

Accord and Satisfaction – Compromise and settlement. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

Acknowledgment – (1) A statement of acceptance of responsibility. (2) The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Acquit, Acquittal - A finding of not guilty by a judge or jury.

Action - Case, cause, suit, or controversy disputed or contested before a court.

Additur - An increase by a judge in the amount of damages awarded by a jury.

Adjournment - To put off a court hearing until another time or place.

Adjudication - Judgment rendered by the court after a determination of the issues.

Ad Litem Comes from Latin meaning for the "purposes of the lawsuit." For example, a guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Admissible - Pertinent and proper to be considered in reaching a decision

Administrator - (1) One who administers the estate of a person who dies without a will. (2) An official who manages a court.

Administrative Revocation - The taking of a driver's license by the Motor Vehicle Division, through law enforcement agents and administrative law judges without involvement by the courts.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

Admonish - To advise or caution. For example the court may caution or admonish counsel or a witness for improper courtroom conduct.

Adversary System - The trial method used in the U.S. and some other countries. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries. This is done under the established rules of procedure before an impartial judge and/or jury.

Advisement – The process by which a judge takes time to consider, deliberate and/or consult on a matter prior to ruling.

Affiant - The person who makes and signs an affidavit.

Affidavit - A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases affidavits are often used by police officers asking courts to issue search or arrest warrants. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).

Affirmative Defense - Apart from denying a charge or claim, a defendant may assert affirmative defenses such as insanity, self-defense or entrapment to avoid criminal responsibility, or assert the statute of limitations or bankruptcy to avoid civil liability.

Affirmed - A decision by an appellate court stating that the decision of the trial court is correct.

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction.

Allegation - A statement of the issues in a written document (a pleading) that a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Alleged - Stated; claimed; asserted; charged.

Alternative Dispute Resolution - Settling a dispute without a full or formal trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend – Improve, correct or change a complaint or other pleading.

Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

Answer - The defendant’s response to the plaintiff’s allegations as stated in a civil complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant).

Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.

Appellant - The party who takes an appeal from one court or jurisdiction to another.

Appellate Court - A court having jurisdiction to hear appeals and review a trial court’s decision.

Appellee - The party against whom an appeal is taken. Sometimes called a respondent.

Arbitration - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his/her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.

Arraignment - Appearance of the defendant in criminal court to be advised of rights and enter a plea to the charges.

Arrest – The official taking of a person to answer criminal charges. This involves at least temporarily denying a person of liberty and may involve the use of force.

Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime.

Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Asylum State - The state holding a fugitive from justice in another state.

Attachment - Taking and holding a person’s property during proceedings to ensure satisfaction of a judgment not yet rendered.

At Issue – Matters are “at issue” when the complaining party has stated his/her claim, the other side has responded with a denial, and the matter is ready to be tried.

Attempt – A person attempts to commit a crime when: (1) that person intended to commit the crime; and (2) began to do an act that constituted a substantial part of the crime, but failed to commit or complete the crime.

Attorney-at-Law – A licensed advocate or counsel authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, or otherwise represent the interests of citizens.

Attorney-in-Fact - A private person (who is not necessarily a lawyer) authorized by another to act in his/her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney.

Attorney of Record - The attorney retained or assigned to represent a client.

B

Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.

Bail Bond – A document through which one agrees to accept responsibility for a defendant and insure his/her appearance in court. By signing the form, the person posting the bond agrees to forfeit the bond if the defendant fails to appear in court as ordered.

Bailiff - A court attendant who keeps order in the courtroom and has responsibility for the jury.

Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released (“discharged”) from their debts completely or allowed to repay them in whole or in part on a manageable schedule. Federal bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.

Bar – (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. (2) More commonly, the body of lawyers within a jurisdiction.

Bar Examination - A state examination taken by prospective lawyers, qualifying them to be admitted to the bar and licensed to practice law.

Battery - A beating or other wrongful touching of a person. The threat to use force is an assault; actual use of force is a battery, which usually includes an assault.

Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself.

Bench Trial - Trial without a jury in which a judge decides the facts as well as the law.

Bench Warrant - An order issued by a judge to arrest a person based on his/her failure to obey a court order. A bench warrant may be issued when a person fails to pay a fine, appear, or attend DWI School.

Beneficiary - Someone named to receive property or benefits in a will, trust, insurance policy, or other such document.

Bequeath - To give a gift to someone through a will.

Bequests - Gifts made in a will.

Best Evidence - Primary evidence; the best form of evidence available. Evidence short of this is “secondary.” For example, the original of a letter is the “best evidence,” while a photocopy is “secondary evidence.”

Best Evidence Rule – Rule requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof. However, a duplicate is admissible in place of an original unless there is a genuine question about the authenticity of the original or it would be unfair under the circumstances of the case to admit the duplicate instead of the original. Also, an original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing party, and if the original is not closely related to a controlling issue in the case.

Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person.

Bind over - To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at trial.

Bond (supersedeas) - The bond set by the court during the appeal procedure and posted with the Clerk of Court. It ensures payment to the winner at the trial court level if the appeal is unsuccessful.

Bond (surety) - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant.

Booking - The process of photographing, fingerprinting and recording identifying data of a suspect after arrest.

Breach - The breaking or violating of a law, right, or duty, either by the commission or omission of an act.

Breach of Contract – Failure by one party to abide by the terms of a contract without lawful excuse.

Brief - A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points: The level of the burden of proof for a type of case indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. In a criminal case, the burden on the prosecutor is to establish the defendant’s guilty beyond a reasonable doubt, a much stricter standard.

C

Calendar - List of cases scheduled for hearing in court.

Calendaring - Assigning & scheduling of court appearances.

Capital Crime - A crime possibly punishable by death.

Caption - The heading on a legal document listing the parties, the court, the case number, and related information.

Case - A lawsuit. Or a complaint filed in criminal, traffic, or civil court.

Case Law - Law established by previous decisions of appellate courts.

Cause - A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Caveat - A warning; a note of caution.

Certified Copy – A copy of a document with a certificate attesting to its accuracy and completeness by the officer who has custody of the original.

Cert. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. "Cert. denied" means that the court has decided not to hear the case.

Certiorari - A means of getting an appellate court to review a lower court’s decision when it is not required to do so. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as “granting cert.,” and results in an order to the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals.

Challenge - Term used in a jury trial for an attemp to exclude a potential juror.

Challenge for Cause - Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right.

Chambers - A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the jury and the public.

Change of Venue - Moving a lawsuit or criminal trial to another place for trial. Venue may be changed when a cases has received so much local publicity as to create a likelihood of bias in the jury pool.

Charge to the Jury - The judge’s instructions to the jury explaining the law that applies to the facts of the case on trial.

Charges (multiple) - A case with more than one count or offense listed on the court file.

Charging Document - A citation, information, indictment or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction.

Chief Judge - Presiding or administrative judge in a court.

Circumstantial Evidence - All evidence except eyewitness testimony. Evidence from which an inference must be drawn. Examples include documents, photographs, and physical evidence, such as fingerprints.

Citation - A written notice to appear in court, usually to answer a violation of traffic law or other minor criminal laws.

Civil Action - Non-criminal cases in which one private individual, business, or government sues another to protect, enforce, or redress private or civil rights.

Civil Contempt – Contempt can be civil or criminal depending on the purpose the court seeks to achieve through its punishment. Contempt is civil when the purpose of punishment is to coerce the defendant to perform an act previously ordered by the court, which the defendant has not done, such as paying child support. Compare with Criminal Contempt.

Civil Procedure - The set of rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Class Action - A lawsuit brought by one or more persons on behalf of a larger group.

Clear and Convincing Evidence - Standard of proof commonly used in civil lawsuits and in regulatory agency appeals. It governs the amount of proof that must be offered in order for the plaintiff to win the case. It imposes a greater burden than the preponderance of evidence standard, but less than the criminal standard “beyond a reasonable doubt.”

Clemency or Executive Clemency - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Closing Argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Codicil - An amendment to a will.

Collateral Estoppel – Rule that bars relitigation between the same parties of a particular issue or determinative fact when there is a prior judgment.

Collateral - 1. Property that is pledged as security against a debt. 2. A person belonging to the same ancestry (a relation), but not in a direct line of descent.

Commit - To send a person to prison, asylum, or reformatory by a court order.

Common Law - The legal system that originated in England and is now in use in the United States. It derives legal principles from the statements by judges in their written opinions, rather than from statutes enacted by legislative bodies.

Commutation - The reduction of a sentence, as from death to life imprisonment.

Co-Defendants - More than one person arrested and charged on the same criminal incident.

Comparative Negligence - A legal doctrine effective by which acts of the opposing parties in a tort case are compared to determine the liability of each party, making each liable only for his/her percentage of fault. See also contributory negligence.

Compensatory Damages – Damages awarded to compensate the nonbreaching or injured party.

Competency to Stand Trial - In order to be competent to stand trial, a person must have the capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his/her defense. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial.

Competent Witness – Every person is considered competent to be a witness. When a party questions the competency of a witness, the judge must determine the witness’s capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful.

Complainant - The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Complaint – [Civil] The initial paperwork filed in a civil action that states the claim for which relief is sought; in the complaint the plaintiff states the wrongs allegedly committed by the defendant. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.

Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.

Concurrent Jurisdiction – Authority vested in more than one court to hear and resolve specific types of disputes.

Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.

Condemnation - The legal process by which the government takes private land for a public use, paying the owners a fair price as determined by the court.

Conditions of Release - Conditions upon which an arrested person is released pending trial.

Consecutive Sentences - Successive sentences of imprisonment, one beginning at the expiration of another, imposed against a person convicted of two or more crimes.

Conservatorship - Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself/herself. (See also guardianship. Conservators have somewhat less responsibility than guardians.)

Consideration – A bargained-for benefit or right. Consideration may be a promise to perform a certain act – for example, a promise to deliver goods, a promise not to do something, payment, or a promise to pay money, among other things. Whatever its particulars, consideration must be something of value to the people who are making the contract.

Consolidation - Joinder of two or more separately filed criminal or civil complaints, so that the charges may be tried together.

Contempt of Court –Behavior intended to lessen the dignity of a court. Also, a willful act of disobedience of a judge’s verbal or written order. There are two types of contempt, direct and indirect. When the contumacious (contemptuous) conduct occurs before the judge, the contempt is direct and may be punished summarily. All other conduct not witnessed by the judge is indirect contempt. Before punishing indirect contempt, the court must give the accused party notice and an opportunity to be heard. See also Civil Contempt and Criminal Contempt.

Continuance - Deferment of a trial or hearing to a later date.

Contraband - Articles, the possession of which is prohibited by law.

Contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. A contract must have something of value promised or given, and a reasonable amount of agreement between the parties as to what the contract means. The parties must be legally capable of making binding agreements.

Contributory Negligence - A legal doctrine that prevents the plaintiff in a civil action from recovering against a defendant for his/her negligence if the plaintiff was also negligent. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence.

Conviction - A judgment of guilt against a criminal defendant.

Corpus Delicti - Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of that particular injury or loss.

Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence.

Costs - Fees required in the course of a law suit, beginning with the docketing or filing fee, and may include service fees, witness fees, publication fees, etc. Does not include attorney fees.

Counsel - Legal adviser; a term used to refer to lawyers in a case.

Count - Each separate allegation (or statement) in a case.

Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

County Court - Court that hears misdemeanor, traffic cases, municipal ordinance violations, etc.

Court - Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”

Court Administrator/Clerk of Court -An officer appointed by the court to oversee the administrative, non-judicial activities of the court.

Court Clerk - Courtroom personnel who attends court sessions and prepares record of court proceedings in conformance with statutes, policies, and the direction of a Judge; swears in witnesses and juries; maintains exhibits offered in evidence.

Court Costs - The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees. When permitted by law, a court may award an amount of money to the successful party, to be paid by the losing party, as reimbursement for the winner’s court costs.

Court Date Notice

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