legal term for not accepting responsibility

Rehearing - Another hearing of a civil or criminal case or motion by the same court in which the matter was originally decided in order to bring to the courts attention an error, omission, or oversight in the first consideration. Hostile Witness: A witness who testifies against the party, who called the witness to testify is called a hostile witness. There are different types of partnerships: general partnerships, limited partnerships, and limited liability partnerships. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W. Absentia - Absent; proceeding without the defendant present. Leading Question - A question that suggests the answer desired of the witness. Proximate Cause - The act that caused an event to occur. Impeachment of a Witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose. Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently. Acknowledgment: The term used for the certification given by an authorized official, that the person who has executed the document has appeared before him and declared under oath that the document and the signature in it are genuine. Issue - 1. The defendant is given sufficient opportunity to rebut the same, but if the defendant raises some factual issue while defending the claims of the plaintiff, the former has the responsibility to prove the same. Copyright Eduzenith & Buzzle.com, Inc. All rights reserved. Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-makers death. Also called the complainant. Grand Jury Witness: A witness who testifies before a grand jury. Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date. Chain of Title: The legal term used to denote the history of transfers of title to property from the present owner to the original owner. Ex Turpi Causa Non Oritur Actio: This Latin doctrine means an action does not arise from a base cause, i.e. Arraignment - Appearance of the defendant in criminal court to be advised of rights and enter a plea to the charges. Garnishment - A legal proceeding in which a debtors money, which is in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtors wages. A case law is a collection of reported judicial decisions related to specific topics, and is an important part of the modern legal rules. Malicious Prosecution In New Mexico, the tort of Malicious Prosecution no longer exists. This rule applies to the sale of all goods, especially those relating to real estate. Scienter: A Latin term which means, guilty knowledge. Holding Over: A tenant who continues in possession after the efflux of time with the consent, express or implied, of the landlord, is said to be holding over tenant. A tort is an infringement on the rights of an individual, but not founded in a contract. Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him/her for trial. Just Cause: Also known as good cause or lawful cause, it means a legally valid or sufficient cause to prove your claim. A per curiam opinion is an unsigned opinion of the court.. 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. The verdict implies that the jury confirms that the death is suspicious, but is unable to trace any of the other verdicts open to them, i.e. Defeasance: Rendering something null and void. This right terminates on the death of the holder, who is called a life tenant. Such borrowing of laws or enactment of new laws, after getting inspired by some foreign examples is called legal transplant, which is otherwise known as legal diffusion too. Spendthrift Trust - A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his/her own financial affairs. Mitigating Circumstances - Those facts which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Estate - An estate consists of personal property (car, household items, and other tangible items), real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the persons death. Appurtenances: Things incidental to the principal thing, which is commonly referred to as dominant. It can be sent to any person or organization. For example, a person whose right is violated, has the right to approach a court. Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others. Nolo Contendere - No contest. E-commerce: E-commerce means electronic selling of goods or service over the Internet. They are permanent in nature. Due Process: A principle wherein it is a fundamental right to have a legal process, like a hearing conducted for each individual so that no unjust or unequal treatment is given to any person. Probable Cause to search exists when the facts and circumstances within the officers knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified. If a person, even though he is a stranger, who is interested in the child and takes charge of the minor and his property, he is called a de facto guardian. Generally, the plaintiff has to prove that the allegations in the complaint are true. So, even if a violation of a constitutional right has occurred, the official will be protected, if the said right was not clearly established or the official could have reasonably believed that his conduct was lawful. Points may be assessed against the person's driving record for penalty assessment offenses. Beneficiary - Someone named to receive property or benefits in a will, trust, insurance policy, or other such document. The main reasons for deportation is usually when a person overstays with an expired visa or commits some serious crime. This writ is used to challenge the authority of a public official or a corporation to exercise a particular power. Also called first appearance. Circumstantial Evidence - All evidence except eyewitness testimony. Hearing: The entire process of the trial before a tribunal, judge or jury, beginning with the examination of witnesses, presenting evidence and argument until the final decision or order of the court is termed as a hearing. Group Insurance: A single or blanket insurance policy under which individuals in a group are covered as long as they remain a part of it. It is mandatory to procure user consent prior to running these cookies on your website. Perpetuating Testimony: Its the recording of evidence, when theres a fear that the person may soon die or disappear, and the evidence if recorded, could be used to prevent any kind of injustice or to support a future claim of property. Overrule may also refer to the appeals court overthrowing a previous ruling on a legal issue, so that the prior decision is no longer a valid precedent on that legal question. Court Recorder - A deputy clerk who maintains the verbatim record of court proceedings on tape. These laws are not binding, as far as the judicial system is concerned. Good Time - A reduction in sentenced time in prison as a reward for good behavior. Admission: A statement of a party involved in a claim, admitting all or some part of the other partys claims is called admission. For example, an indictment contains allegations of crimes against the defendant. Express Warranty - An affirmation of fact or promise made by the seller to the buyer that is relied upon by the buyer in agreeing to the contract. Court Rules Procedural rules adopted by a court that govern the litigation process. Murder:One of the most serious crimes, murder can be defined as the intentional and unlawful killing of one person by another, without any legal justification or provocation. Crime, offense and criminal offense are often used interchangeably. Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. The term palimony has meaning similar to alimony, except that award, settlement or agreement arises out of non-marital relationship of couples who lived together for a long period of time, and then terminated their relationship. In case of attestation of affidavits by a notary, the signature and seal of that official is necessary. A guardian also may be given responsibility for the persons financial affairs, and thus perform additionally as a conservator. Jury List - A list containing the names of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial. Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. Dismissal: A dismissal in a court setting has a definite connotation implying a final disposal by the tribunal rejecting the case of the suitor. Request for Production - A formal court process by which one party requests that another produce certain documents or other tangible items. Slander - False and defamatory spoken words tending to harm anothers reputation, business or means of livelihood. Fraud - Intentional deception to deprive another person of property or to injure that person in some way. Implied Warranty of Merchantability An assumption in law that the goods are fit for the ordinary purposes for which such goods are used. Omission: A failure to carry out or perform an act. This trust becomes effective only upon the death of the testator. Easement: An easement is a right annexed to land. Redemption: A seller buying back the property, which has been sold, by returning the purchase price to the buyer. It is using or threatening to use some legal proceedings against a person or a group of people, by the perpetrator, in order to satisfy his motives. A bona fide purchaser of a property, means a person who is genuine, without any knowledge of defect in title. Petitioner - The person filing an action in a court of original jurisdiction. Civil Contempt Contempt can be civil or criminal depending on the purpose the court seeks to achieve through its punishment. Ratio decidenti of the higher courts are binding on the lower courts, while deciding similar cases. Trademark: Any slogan, mark, picture or logo used by a person or company to identify and distinguish goods or services that he provides from those of others in the same field. Affidavit: A sworn statement in writing, confirmed on oath by the party who makes it, before someone who is officially entitled to administer oaths. In a family, if the wife is receiving income from the trust left by her husband, the daughter being the final beneficiary receives the principal amount of the trust. Any question, civil or criminal, litigated or contested before a court of justice. Also, a decision by a higher court finding that a lower court decision was in error. Indictment The written accusation by a grand jury that charges a person named in the indictment with the violation of a law. Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Trial by Jury Trial by a body of persons selected from the citizens of a particular district and brought before the court where they are sworn to try one or more questions of fact and determine them by their verdict. Void Contract A contract that does not have any legal effect and cannot be enforced under any circumstances. Lineal Descendant: This legal term is applied to ancestry and descent. Also, a willful act of disobedience of a judges verbal or written order. Act of God: A natural calamity (like earthquake, tornado and flood), which cannot be prevented by anyone. Conspiring to commit such acts is also an offense. For example, a contract to commit an illegal act is void. De Facto: In simple terms, it means in fact. Statute of Frauds Law which requires that certain documents be in writing, such as leases for more than one year. Himalaya Clause: A provision included in the contract to protect the third party who is not a part of the contract. Moratorium: In simple terms, moratorium means any temporary suspension of an activity. The writ is issued when there is no appeal or when an appeal cannot provide adequate relief. Such documents are prepared by lawyers who represent the disputing parties, and are submitted to the court. Discrimination: Discrimination indicates an unjust, unfair or unreasonable bias in favor of one and against another on the basis of a protected characteristic, such as race, gender, caste or disability. Bait and switch can be a cause for a personal lawsuit for false advertising, if damages are proved. Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself/herself. Finding of Fact: It is the decision which the judge takes on the factual question submitted to it for decision. Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied upon. The most common threat associated with blackmail is to release any information (usually true), which can be embarrassing, damaging or disgraceful to the victim. A person with this right can use the property, enjoy the benefits or income arising from it, can rent it out and collect the rents for himself. Jurisdiction, power, or control that courts acquire over property in a suit pending action and until final judgment. Bar: A collective term used to denote all attorneys or lawyers who are permitted to practice in a particular jurisdiction. It can be thoughts of a person, which leads to actions. For example, a contract made by a minor is voidable by the minor or his or her legal guardian. Adjudication - Judgment rendered by the court after a determination of the issues. Registering of an Internet domain name with the intent of making huge profits by selling it to someone else. A quit claim deed does not guarantee that the title of the grantor (person granting the right) is clear. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Nolle Prosequi The prosecutor declines to prosecute, but may still initiate prosecution within the time allowed by law. Rebuttal - Evidence that is offered by a party after he has rested his case and after the opponent has rested in order to contradict and explain the opponent's evidence. off your hands. Retainer - Act of the client in employing the attorney or counsel; also denotes the fee which the client pays when he/she retains the attorney. The term obiter dictum is derived from a Latin word meaning things said by the way. Inter Vivos Trust - Another name for living trust. This website uses cookies to improve your experience. For example, a property with a right of way imposed upon it, in order to benefit an adjoining property is called a servient estate, and the other one which uses the said property (for right of way) is called a dominant estate. Bequeath - To give a gift to someone through a will. Abuse of Process Tort no longer recognized in New Mexico. However, if Bob sold his car to someone, he would not be considered a merchant of cars. It involves illegal arrest, actual detention, and complete loss of freedom. Sample 1. degree instead of the former. This term is still in usage in some common law jurisdictions. 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. It differs from the adversary system or adversary proceeding, and is only lawful in limited circumstances. Such action from the side of the police is called Miranda warnings, which informs the detained person about the Miranda rights: right to remain silent and right to an attorney. Slander is spoken defamation; libel is published. Tort: Tort refers to a civil wrong that does not consist of a breach of contract. Usury:Charging a person with interest rates more than what is allowed by the law is called usury. Severance - The separation of offenses or defendants into different trials. Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Pretrial Intervention - Programs to aid certain qualifying criminal defendants by diverting them from prosecution and enrolling them in rehabilitative programs. Access: A term used in family law and refers to the right of a spouse, which allows to spend time with children on a regular basis. Change of Venue - Moving a lawsuit or criminal trial to another place for trial. A lineal descendant is a direct descendant or a blood relative in the direct line of descent. The factors which constitute negligence varies with the facts of individual cases. Bona fide: The Latin word for good faith. It imposes a greater burden than the preponderance of evidence standard, but less than the criminal standard beyond a reasonable doubt.. The captain is responsible for the safety of the ship. Caption - The heading on a legal document listing the parties, the court, the case number, and related information. Juris Doctor: A juris doctor is the degree awarded to a student who has completed his or her graduation in law in the United States. Perjury: Also known as forswearing, its an intentional act of lying or stating a false oath or affirmation to tell the truth, whether verbally or in writing, pertaining matters material to a judicial proceeding.

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