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. Case law – The study of the law and the structure of the legal system. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Contributory Negligence – A legal doctrine that prevents the plaintiff in a civil action from recovering a defendant for negligence if the plaintiff also acted negligently. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence. Filed in open court – court documents that were included in the record during court proceedings. Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. The fact that a judge has been a victim of a particular crime or is related to the victim of a particular crime does not necessarily mean that he or she should not preside over cases involving similar crimes. The usual test of fear of bias should be used to determine whether such a judge should be disqualified. Court – A governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the brief.” A judge`s previous association with a party can lead to a feared judicial bias.
If a judge has already had a relationship with a party, they must disclose it to the court and ask the parties to comment on whether the judge should be disqualified. If a party is a close relative of the judge, the judge should generally disqualify himself. 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. 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. A judge is required to recuse himself in a case where he is biased and to hear all cases in which he is not biased. A prejudice is the feeling or demonstration of a pre-existing inclination or prejudice for or against someone or something. Bipartisan occurs when a fair layman can reasonably assume that the judge is not dealing with the case impartially.
The test is whether there is a real (not a remote possibility) of distortion. It is not necessary to prove that the judge would behave in a biased manner. A fundamental principle of our legal system is that a judge or judge cannot sit in a case where he or she is biased. This is important for justice to be done and justice to be seen. There are well-established criteria for determining actual and suspected judicial bias, but how they are applied may vary depending on the circumstances. A judge may not preside over a case in which he or she is biased against or in favour of either party. Real bias occurs when it can be shown that a judge is so committed to a particular result that the evidence and arguments do not alter that result. Common Law – The legal system that originated in England and is now used in the United States.
It derives from legal principles from the statements of judges in their written opinions and not from laws promulgated by legislative bodies. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. Cancellable Agreement – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian. Capacity to make a will – The legal capacity to make a will. Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court. Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate. Remedies such as injunctions and injunctions are equitable remedies. The fairness and justice tribunals are now merged into NM.
Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). A judge`s conduct during pre-trial proceedings, such as bail applications, can lead to bias if the conduct indicates that the judge has lost his or her impartiality in this regard. At first glance – probably. A fact that is considered true unless it is refuted by evidence to the contrary. Evidence that will prevail until it is refuted and defeated by other evidence. A prima facie case is a case in which the plaintiff has provided sufficient evidence to compel the defendant to continue his proceedings. In other words, the plaintiff will prevail if the defendant does not refute his argument. 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.
No dispute clause – wording of a will that provides that a person who legally challenges the validity of the will is disinherited. Synonyms of prejudice and prejudice are sometimes interchangeable, but prejudice usually implies unfavorable dominance and involves a feeling rooted in mistrust, fear, or intolerance. While the synonyms prepossession and bias have a similar meaning, prepossession suggests a fixed conception that probably prevents an objective judgment of anything contrary to it. n. the decision of a judge, arbitrator, prospective jury or person making a judicial decision against or for the benefit of any of the parties or a group of persons.
