Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court. Handicap. In the legal sense, the legal incapacity to perform an act. Used in a physical sense in relation to workers` compensation laws and consists of (a) actual inability to perform employment duties and resulting loss of wages, and (b) physical impairments that may or may not be unable to work. 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. Pro Bono. (Latin: “for good”) Used to describe the provision of free services. Layman. A layman; a non-expert. In law, a person who has not received formal legal training. If a breach occurs or is alleged, one or both parties may want the contract to be performed on its terms, or they may seek compensation for the financial loss caused by the alleged breach.
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. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. 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 pleadings.” Good faith – An honest intention to act without gaining an unfair advantage over another person. This term applies to many types of transactions. The legal power of a court to hear and decide a particular type of case.
It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Guardianship – a person`s legal claim to be responsible for the food, shelter, health care and other necessities of a person who is unable to provide for these necessities for themselves. A guardian can also take responsibility for the person`s financial affairs and thus act as a custodian. See also Conservatory. Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). Answer.
In civil proceedings, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time and either acknowledge the factual or legal basis of liability or (usually) deny it. Normally, a defendant has 30 days to file a response after the plaintiff`s complaint has been served. In some courts, an answer is simply called an “answer”. Trial period. Judicial review and disposition of matters between the parties to a claim. Parol Rule of Evidence – If a written agreement is to be a complete and final document, the terms of the agreement cannot be modified by evidence of oral agreements (parol) purporting to modify, declare or oppose the written agreement. Action. In the legal sense, a formal complaint or claim before a court. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Res judicata – An issue or issue that has already been decided by a court.
A final judgment on the merits is final with respect to the rights of the parties and constitutes an absolute obstacle to further action in respect of the same claim, claim or cause of action. The force of res judicata precludes the repetition of the same plea between the same parties where an earlier judgment has been delivered. In comparison, the forfeiture of the guarantee prevents the recurrence of a particular problem or fact. Compare collateral estoppel. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. Declaration. Judicial decision on the rights of the parties in a dispute to clarify the legal positions of the parties.
The study of the law and the structure of the legal system rejects. The end of the dispute. Rejection without notice allows a claim to be brought before the courts at a later date. On the other hand, dismissal with prejudice prevents the trial from going to court in the future.