Legal Term Whereby

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. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. 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. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal. All legal proceedings that are not criminal acts are civil actions. Premature child – A child born under a will is executed that is not provided for in the will. New Mexico law provides that a portion of the estate will go to these children.

Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). 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. Service of a legal document or obligation to appear in court by a person officially authorized in accordance with the formal requirements of applicable laws. Service is required, unless waived, for complaints, subpoenas, or subpoenas to notify a person of a lawsuit or other legal action against that person. In criminal law, pre-trial negotiations between the defence and the prosecution in order to reach a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a lesser offence, or to plead guilty to one or more charges, but to release others, or the prosecutor may agree to recommend a particular sentence. The terms of a negotiated plea must be set out in open court and are only effective if approved by the trial judge. A legal theory that alleges that the defendant abused a legal process, such as a subpoena or lawsuit. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. Merger Clause – The merger clauses stipulate that the written document contains the entire agreement of the parties.

The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement. Adversary system – The experimental method used in the United States and some other countries. This system is based on the belief that the best way to establish the truth is to give opposing parties every opportunity to present and prove their evidence and to test the evidence presented by their opponents through cross-examination. This is done in accordance with the rules of procedure established before an impartial judge and/or jury. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Self-defence – The claim that a criminal offence was legally justified because it was necessary to protect one person or property from the threat or act of another. 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.

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. 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. The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. A collective term that refers to all of a person`s property, including real and personal property and other legal rights. A lawsuit or legal proceeding against a specific property. Settlement of a dispute by a third party chosen by both opposing parties who agree to comply with the third party`s decision. A legal theory and action based on the misappropriation of the plaintiff`s personal property by a defendant for his own benefit.

Waiver – In extradition proceedings, a form signed before a judge in which a defendant voluntarily submits to collection by a foreign court and waives his or her constitutionally guaranteed rights. Parol Rule of Evidence – If a written agreement is intended 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. 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.

A court order requiring all witnesses (except parties) to remain outside the courtroom until everyone is called to testify. Also known as the “witness exclusion” or “witness rule”. Persons who actively participate in the prosecution or defence of legal proceedings.