Attempt – A person attempts to commit a crime if: (1) that person intended to commit the crime; and (2) committing an act which constituted a substantial part of the offence but which did not commit or complete the offence. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Acceptance – A clear message that the offer has been accepted. In the case of contracts controlled by the UCC, contracts for the sale of goods do not have to reflect the terms of the offer. For other contracts, acceptance must reflect the terms of the offer, without omising, adding or modifying the terms. In other words, according to UCC, acceptance can change the terms of the offer without becoming a counteroffer. Trial – consideration of any question of fact or law before a court competent to determine the rights of the parties. 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. Trust – A legal instrument for the management of real or personal property made by one person (the settlor or settlor) for the benefit of another person (the beneficiary).

A third party (trustee) or settlor manages the trust. 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. Contempt of court – behaviour designed to diminish the dignity of a court. Also an intentional act of disobedience to the oral or written order of a judge. There are two kinds of contempt, direct and indirect.

If the offensive (contemptuous) behavior occurs before the judge, the disrespect is direct and can be punished summarily. Any other conduct that the judge did not observe is an indirect contempt. Before sanctioning indirect contempt, the court must notify the accused and give him an opportunity to be heard. See also civil contempt and criminal contempt. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a particular form of joint rental between a man and a woman. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court.

No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Offer – An expression of willingness to enter into an agreement that is clear and secure in its terms and communicated to the recipient. Upon acceptance, the offer will be converted into a contractual obligation. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Filed in open court – court documents that were included in the record during court proceedings. Appellant – The party complaining or complaining; one who applies to the court for an appeal. Also named the applicant. Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. Indeterminate sentence – A custodial sentence of a specified minimum and maximum term, expressly authorized by law, cancelled by a parole board or other authorized authority after the prisoner has served the minimum sentence. Probation – A procedure in which an accused convicted of a crime is released by the court without imprisonment under a conditional or conditional sentence. 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. Replevin – A lawsuit to recover illegally confiscated property. Probation – The supervised parole of an inmate prior to the expiry of the sentence. If the probation officer complies with the conditions, he does not have to serve the remainder of his sentence. Case law – The study of the law and the structure of the legal system. In addition to these important terms, there is more terminology you should know. Collateral estoppel – a rule that excludes a resumption of litigation between the same parties on a particular issue or fact in the absence of a prior judgment. 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 a failure to do something that a reasonable person would do, guided by considerations that normally govern the conduct, or on something that a reasonable and prudent (wise) person would not do.