The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best viewed by selecting a letter here: Chapter 12 of our Probate Judge`s Handbook contains the Estates Glossary, which contains legal terms specific to the New Mexico probate court. Specific benefit: A remedy available to an aggrieved party if the remedy is inadequate, under which a defendant may be required to pay under the terms of a contract instead of paying damages. 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. Implicit: When the intention of the parties is not obvious by direct terms, but results from related circumstances or behaviour. Reciprocity – A meeting of the parties on the essential terms of the agreement. Option: An open offer to sell that must be accepted by the option beneficiary under the terms of the option, and if it is not accepted within the specified time, the right to do so will be forfeited. 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. Imprisonment for two or more offences to be served simultaneously and not consecutively.
Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Breach of contract – failure of a party to comply with the terms of the contract without lawful excuse. Agreement and satisfaction – compromise and agreement. A way of completing a claim where the parties agree to give and accept something to settle the claim that supersedes the terms of the parties` original agreement. Accord is the new agreement; Satisfaction is the fulfillment of the new agreement. 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. Fraud Status: The requirement that certain types of contracts be written to be enforceable. Examples include contracts for the purchase or sale of land and contracts which, because of their terms, cannot be executed within one year. In contract law, the term “conditions” refers to the terms of a contract, the terms and guarantees agreed between the parties. The terms of the contract may be verbal or written.
Terms are conditions that are so important that one or more of the parties would not enter into the contract without them. Warranties are less important conditions, the breach of which does not invalidate the contract, but may entitle one of the parties to receive damages. [3] The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Code. 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. Action – a case, reason, action or controversy that is challenged or contested in court. Rebuttal: Arguments or evidence presented by counsel in response to statements, allegations, arguments or evidence presented by a counterparty. Indemnification – damages awarded to compensate the non-infringing or injured party. Inspection Search – The entry and examination of premises or vehicles by an inspector to identify and correct conditions that are hazardous to health or safety.
Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. 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. Fraud status – law that requires certain documents to be in writing, such as leases of more than one year. Under the UCC, contracts for the sale of goods over $500 must be entered into in writing in order to be performed. Testimony: The testimony of a witness or party under oath in a judicial proceeding or testimony. Defamation itself: A defamatory statement that falsely accuses another person of crime, immoral behavior, or professional misconduct.
In order to claim damages in such circumstances, it is not necessary to prove actual material damage. Chief Justice – President or administrative judge in a court. A person who has been injured, injured or killed as a result of a crime. A secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor. Status – The legal right to take legal action. Only a person whose legally recognized interest is at stake is entitled to bring an action. Lawyer: One who is admitted to the bar under the rules of the State; an agent appointed to represent another person; a lawyer.
Counterclaim: A claim filed by the defendant against a plaintiff as part of the respondent`s response to a claim.