Foreign languages:

- Ukrainian native speaker;

- Russian excellent (native equivalent);

- English fluent; good knowledge of legal terminology;

- French strong reading and comprehension skills, fair conversation skills;

- German basic comprehension and knowledge of legal terminology.

Interests: Sports (track&field, volleyball, soccer, chess); travelling;

reading (science fiction; documentary stories), music.

References available upon request from:

RESUME SAMPLE

Malcolm Gammie

Barrister

Date of call 1977

QC 1997

Education

BALLIOL COLLEGE, OXFORD

Kings College, London

LLM (First Class Hons)

Malcolm Gammie started his career in the City. He was among the first lawyers to work in the tax field with a leading accounting firm. He was the first Director of National Tax Services. Over his career, Malcolm has gained experience in most aspects of taxation and is noted as a leading practitioner in the commercial and international taxation fields.

Scope of Practice

Malcolm advises on all aspects of commercial, European and international taxation, for both incorporated and unincorporated entities, their shareholders and employees. He covers all the main direct taxes, value added tax, and national insurance.

Experience

Malcolm's clients have included many leading UK and foreign multinational companies, banks, insurance companies and other financial institutions.

As a partner in a leading City firm, he has been responsible for the taxation aspects of structuring, financing and implementing major international acquisitions and disposals, mergers and other reorganisations. He also handled negotiations in disputes with the Inland Revenue and Customs & Excise.

Write your own summary using the models above.

Choose the range of work carried out from the list provided below:

Accounting/auditing Administrative Law

Banking, including bills of exchange, capital market, mortgages and pledges, loan agreements, letters of credit.

Building, construction disputes Crime, white collar fraud.

Defamation

Employment and Industrial Relations Law, including breach of

confidence, health and safety at work, pension schemes, unfair and

wrongful dismissal

Environmental Law

European Union Law

Insolvency

Intellectual Property, including copyright, patents, trade marks Professional Negligence

Sale and Supply of Goods (domestic and international), including consumer protection, leasing

Securities, including bonds and shares

Shareholder disputes



Curriculum Vitae of Terry Davis, Secretary General of the Council of Europe

Born in 1938 Married with two children and two grandchildren Education

Studied European history, French language and literature and German language and literature to Advanced Level Graduated in law at the University College London Postgraduate Degree in Business Administration (cum summa laude) at the University of Michigan (USA)

Management experience

Leyland Cars: Senior Manager (1974-79) Promoted to General Manager of Jaguar Rover Triumph Parts Division with responsibility for more than 2 000 people

Chrysler Parts UK: Manager (1968-71)

Clarks Shoes: Manager (1965-68)

Esso Oil Company: Internal Auditor (1962-65)

Parliamentary experience

Member of Parliament for 28 years

Official Spokesperson for the Labour Party in Parliament: - Finance and Economic Affairs (3 years) - Trade and Industry (1 year) - Health (3 years)

Her Majesty's Privy Council - appointed for services to the Council of Europe on the recommendation of the Prime Minister Committees:

- Public Accounts Committee (7 years) - examining the efficiency and effectiveness of Government Departments - Public Records Advisory Committee (6 years) - advising on which Government files should be made public - Special Committee of Privy Councillors - which reviewed the Anti- Terrorism, Crime and Security Act including the UK's derogation from the European Convention on Human Rights

Other political experience

Councillor in local government (2 years)

Member of Trade Union for managers, scientists and technicians (29

years)

Chairman of the Independent Commission of Inquiry into the treatment of elderly people in Birmingham (2001-02)

Visiting lecturer at Civil Service College (7 years)

International experience

Parliamentary Assembly of Council of Europe - Member of UK delegation to the Assembly (12 years) - Leader of delegation (5 years) Chairperson of Socialist Group (2 years) - Vice-President of Assembly (5 years) - Member of Bureau (7 years)

Assembly Committees: - Economic Affairs and Development Committee: 1992-99 - Chairperson of Committee (for 3 years) - Political Affairs Committee: 1996-2004 - Chairperson of Committee (for 2 years) - Monitoring Committee: 1997-2004 - Legal Affairs and Human Rights Committee: 2001-04

Rapporteur for the following reports: - European Bank for Reconstruction and Development - North-South Centre - Organisation for Economic Co-operation and Development - Georgia's admission to the Council of Europe - Monitoring report on Latvia

Other activities: - International Institute for Democracy (5 years) - Attended two Parliamentary Conferences for the Stability Pact for South- Eastern Europe - Observed elections in Albania, Georgia, Latvia and Ukraine Western European Union: - Member of UK delegation to WEU Assembly (12 years) - Leader of UK delegation (5 years) - Vice-President of the Assembly (5 years) - Chairperson of the Socialist Group (4 years) - Rapporteur for several reports on defence and security issues

Organisation for Security and Co-operation in Europe - Member of the UK delegation to the OSCE Assembly (7 years) - Parliamentary Assembly - Leader of UK delegation (2 years)

Inter-Parliamentary Union - Member of Executive Committee of UK Branch - Attended IPU Conference in Moscow

United Nations General Assembly - Attended three UN General Assemblies as a member of UK delegation and participated twice in debates on co-operation between the United Nations and Council of Europe. Non-Governmental Organisations - Member of Amnesty International - United Nations Association - Globe UK - Links Europe.

Curriculum Vitae

Maud de Boer-Buquicchio Deputy Secretary General

Born 28/12/1944 in Hoensbroek (the Netherlands) Married to Gianni Buquicchio, two sons

PROFESSIONAL CAREER

2002 Elected Deputy Secretary General of the Council of Europe by the Organisation's Parliamentary Assembly

1998-2002 Deputy Registrar of the European Court of Human Rights 1992 Secretary to the First Chamber of the European Commission of Human Rights - Deputy to the Secretary of the European Commission of Human Rights

1990 Head of Division in the Secretariat of the European Commission of Human Rights

1977 Principal legal officer in the Secretariat of the European Commission of Human Rights - Case-law and Research Division

1972-1977 Member of the Private Office of the Secretary General of the Council of Europe

1969-1971 Member of the legal Secretariat of the European Commission of Human Rights - Applications Division

EDUCATION

Elementary and secondary education (gymnasium) in Deventer 1963-1965 French language and literature studies at Leiden University 1965-1969 Law studies at Leiden University (private, public and criminal law, law of international organisations, social law)

1969 Law degree: thesis subject on equality of treatment between men and women (Article 119 of the Treaty of Rome)

LANGUAGES

fluent: Dutch, English, French, Italian, German good knowledge: Spanish, Portuguese

PRINCIPAL PUBLICATIONS

· Klarstellung zum Status des Europдischen Gerichtshofs fur Menschenrechte und seiner Beziehungen zum Europarat, Grundrechte (2003)

· I componimenti bonari nel quadro della Convenzione europea dei dritta dell' uomo (2000), in “Commentario alla Convenzione europea per la protezione dei diritti umani e delle libertд fondamentali”, published by CEDAM (Milano)

· Interim Measures by the European Commission on Human Rights (1995), in “the Birth of European Human Rights Law”, Nomos Verlaggesellschaft

· The European Commission on Human Rights, Emory Journal of International dispute Resolution (1987)

· Procedure en Praktijk bij de Europese Commissie voor de Rechten van de Mens, Tijdschrift voor Familie- en Jeugdrecht (1986)

· Informationsfreiheit und die audio-visuelle Revolution, (co-author Mr C. Kriiger), Rundfunk und Femsehen, Hans Bredow-Institut (1989)

· Tax matters and the European Convention on Human Rights, Taxation and Human Rights, A survey of case-law, International Fiscal Association (1987)

· Equality between the sexes and the European Convention on Human Rights, Human rights Files No. 14, Council of Europe (1994)

· Racial discrimination and the European Convention on Human Rights, Council of Europe (1989)

· Sexual discrimination and the European Convention on Human Rights, Human Rights Law Journal (1985)

· Les Droits de l'Enfant dans le cadre de la Convention europйenne des Droits de l'Homme vus dans la perspective de la Convention des Nations Unies (1997), Revue Droit en Quart Monde (Belgique), n° 17

· The protection of Children's Rights in Europe and the UN Convention on the Rights of the Child (1997), the Protection of Human Rights: the European Perspective, Studies in memory of Rolv Ryssdal (Carl Heymanns)

· The Direct Effect of the European Convention on Human Rights and the Rights of Children in Monitoring Children's Rights, Kluwer Law International (1996)

· The impact of the European Convention on Human Rights on the Rights of Children, Ediciones Universidad, Salamanca (1996)

· Children and the European Convention on Human Rights, Studies in honour of Mr Wiarda, Carl Heymanns Verlag (1988)

· Health and migration (2000), in Health, Migration and Return, TMC Asser press



APPENDIX 12. EUROPEAN COURT OF HUMAN RIGHTS

Council of Europe

Strasbourg, France

APPLICATION

under Article 34 of the European Convention on Human Rights and Rules 45 and 47 of the Rules of Court

This application is a formal legal document and may affect your rights and obligations.

I. THE PARTIES

A. THE APPLICANT

(Fill in the following details of the applicant and the representative, if any)

1. Surname First name(s)

2. Sex: male / female

3. Nationality

4. Occupation

5. Date and place of birth

6. Permanent address

7. Tel. No.

8. Present address (if different from 6.)

9. Name of representative*

10. Occupation of representative

II. Address of representative

12. Tel. No Fax No.

B. THE HIGH CONTRACTING PARTY

(Fill in the name of the State(s) against which the application is directed)

13. If the applicant appoints a representative, attach a form of authority signed by the applicant and his or her representative.

II. STATEMENT OF THE FACTS

14. Continue on a separate sheet if necessary

III. STATEMENT OF ALLEGED VIOLATIONS) OF THE CONVENTION AND/OR

PROTOCOLS AND OF RELEVANT ARGUMENTS

15 ………………………………………………………………………….

IV. STATEMENT RELATIVE TO ARTICLE 35 § 1 OF THE CONVENTION

16. Final decision (date, court or authority and nature of decision)

17. Other decisions (list in chronological order, giving date, court or authority and nature of decision for each of them)

18. Is there or was there any other appeal or other remedy available to you which you have not used? If so, explain why you have not used it.

Continue on a separate sheet if necessary

V. STATEMENT OF THE OBJECT OF THE APPLICATION

19 ……………………………………………………………………………

VI. STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS

20. Have you submitted the above complaints to any other procedure of international investigation or settlement? If so, give full details.

VII. LIST OF DOCUMENTS (NO ORIGINAL DOCUMENTS,

ONLY PHOTOCOPIES,

DO NOT STAPLE, TAPE OR BIND DOCUMENTS)

Include copies of all decisions referred to in Parts IV and VI above. If you do not have copies, you should obtain them. If you cannot obtain them, explain why not. No documents will be returned to you.)

21.

a )…………………………………………………………………………

b )………………………………………………………………………….

c )…………………………………………………………………………

VIII. I hereby declare that, to the best of my knowledge and belief, the information I have given in the present application form is correct.

Date/Date

(Signature of the applicant or of the representative)



APPENDIX 13

Додаток до рішення No.9

української комісії з питань правничої термінології

протокол No. 2 від 19 квітня 1996 р.

Нормативна таблиця для відтворення українських власних назв засобами англійської мови

A	B	C	D	E
No.	Укр. літери	Лат. літери	Примітки	Приклади застосування
1	А	A	-	Алушта	Alushta
2	Б	B	-	Борщагівка	Borschahivka
3	В	V	-	Вишгород	Vyshhorod
4	Г	H, gh	Н - у більшості випадків gh - при відтвор. -зг-	Гадяч, Згорани	Hadiach, Zghorany
5	Ґ	G	-	Ґалаґан	Galagan
6	Д	D	-	Дон	Don
7	Е	E	-	Рівне	Rivne
8	Є	Ye, ie	Ye - на початку слова, ie - в інших позиціях	Єнакієве, Наєнко	Yenakiieve, Naienko
9	Ж	Zh	-	Житомир	Zhytomyr
10	З	Z	-	Закарпаття	Zakarpattia
11	И	Y	-	Медвин	Medvyn
12	І	I	-	Іршава	Irshava
13	Ї	I	Yi - на початку слова, I - в інших позиціях	Їжакевич, Кадіївка	Yizhakevych, Kadiivka
14	Й	Y, i	Y - на початку слова, i - в інших позиціях	Йосипівка, Стрий	Yosypivka, Stryi
15	К	K	-	Київ	Kyiv
16	Л	L	-	Лебедин	Lebedyn
17	М	M	-	Миколаїв	Mykolaiv
18	Н	N	-	Ніжин	Nizhyn
19	О	O	-	Одеса	Odesa
20	П	P	-	Полтава	Poltava
21	Р	R	-	Ромни	Romny
22	С	S	-	Суми	Sumy
23	Т	T	-	Тетерів	Teteriv
24	У	U	-	Ужгород	Uzhhorod
25	Ф	F	-	Фастів	Fastiv
26	Х	Kh	-	Харків	Kharkiv
27	Ц	Ts	-	Біла Церква	Bila Tserkva
28	Ч	Ch	-	Чернівці	Chernivtsi
29	Ш	Sh	-	Шостка	Shostka
30	Щ	Sch	-	Гоща	Hoscha
31	Ь	'	-	Русь, Львів	Rus', L'viv
32	Ю	Yu, iu	Yu - на початку слова, iu - в інших позиціях	Юрій, Крюківка	Yurii, Kriukivka
33	Я	Ya, ia	Ya - на початку слова, ia - в інших позиціях	Яготин, Ічня	Yahotyn, Ichnia
	'	ia	(див. коментар)	Знам'янка	Znamianka



GLOSSARY

A

Absentia - Absent; proceeding without the defendant present.

Abstract of Title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

Abuse of Process - Tort no longer recognized in New Mexico. It has been combined with “Malicious Prosecution” to form a new tort, “Malicious Abuse of Process.” See Malicious Abuse of Process.

Acceptance - An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer's terms. For other contracts, the acceptance must mirror the offer's terms without omitting, adding, or altering terms. In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer.

Accomplice - (1) A partner in a crime. (2) A person who knowingly and voluntarily participates with another in a criminal activity.

Accord and Satisfaction - Compromise and settlement. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties' original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

Acknowledgment - (1) A statement of acceptance of responsibility. (2) The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Acquit, Acquittal - A finding of not guilty by a judge or jury.

Action - Case, cause, suit, or controversy disputed or contested before a court.

Additur - An increase by a judge in the amount of damages awarded by a jury.

Adjudication - Judgment rendered by the court after a determination of the issues.

Ad Litem - A Latin term meaning “for the purpose of the lawsuit.” For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Administrator - (1) One who administers the estate of a person who dies without a will. (2) An official who manages a court.

Administrative Revocation - The taking of a driver's license by the Motor Vehicle Division, through law enforcement agents and administrative law judges without involvement by the courts.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

Admonish - To advise or caution. For example the court may caution or admonish counsel or a witness for improper courtroom conduct.

Adversary System - The trial method used in the U.S. and some other countries. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries. This is done under the established rules of procedure before an impartial judge and/or jury.

Advisement - The process by which a judge takes time to consider, deliberate and/or consult on a matter prior to ruling.

Affiant - The person who makes and signs an affidavit.

Affidavit - A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases affidavits are often used by police officers asking courts to issue search or arrest warrants. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).

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.

Affirmed - A decision by an appellate court stating that the decision of the trial court is correct.

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction.

Allegation - A statement of the issues in a written document (a pleading) that a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Alleged - Stated; claimed; asserted; charged.

Alternative Dispute Resolution - Settling a dispute without a full or formal trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend - Improve, correct or change a complaint or other pleading.

Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

Answer - The defendant's response to the plaintiff's allegations as stated in a civil complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant).

Appearance - (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.

Appellant - The party who takes an appeal from one court or jurisdiction to another.

Appellate Court - A court having jurisdiction to hear appeals and review a trial court's decision.

Appellee - The party against whom an appeal is taken. Sometimes called a respondent.

Arbitration - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his/her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.

Arraignment - Appearance of the defendant in criminal court to be advised of rights and enter a plea to the charges.

Arrest - The official taking of a person to answer criminal charges. This involves at least temporarily denying a person of liberty and may involve the use of force.

Arrest Warrant - An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime.

Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Asylum State - The state holding a fugitive from justice in another state.

Attachment - Taking and holding a person's property during proceedings to ensure satisfaction of a judgment not yet rendered.

At Issue - Matters are “at issue” when the complaining party has stated his/her claim, the other side has responded with a denial, and the matter is ready to be tried.

Attempt - A person attempts to commit a crime when: (1) that person intended to commit the crime; and (2) began to do an act that constituted a substantial part of the crime, but failed to commit or complete the crime.

Attorney-at-Law - A licensed advocate or counsel authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, or otherwise represent the interests of citizens.

Attorney-in-Fact - A private person (who is not necessarily a lawyer) authorized by another to act in his/her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney.

Attorney of Record - The attorney retained or assigned to represent a client.

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B

Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.

Bail Bond - A document through which one agrees to accept responsibility for a defendant and insure his/her appearance in court. By signing the form, the person posting the bond agrees to forfeit the bond if the defendant fails to appear in court as ordered.

Bailiff - A court attendant who keeps order in the courtroom and has responsibility for the jury.

Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released (“discharged”) from their debts completely or allowed to repay them in whole or in part on a manageable schedule. Federal bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.

Bar - (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. (2) More commonly, the body of lawyers within a jurisdiction.

Bar Examination - A state examination taken by prospective lawyers, qualifying them to be admitted to the bar and licensed to practice law.

Battery - A beating or other wrongful touching of a person. The threat to use force is an assault; actual use of force is a battery, which usually includes an assault.

Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself.

Bench Trial - Trial without a jury in which a judge decides the facts as well as the law.

Bench Warrant - An order issued by a judge to arrest a person based on his/her failure to obey a court order. A bench warrant may be issued when a person fails to pay a fine, appear, or attend DWI School.

Beneficiary - Someone named to receive property or benefits in a will, trust, insurance policy, or other such document.

Bequeath - To give a gift to someone through a will.

Bequests - Gifts made in a will.

Best Evidence - Primary evidence; the best form of evidence available. Evidence short of this is “secondary.” For example, the original of a letter is the “best evidence,” while a photocopy is “secondary evidence.”

Best Evidence Rule - Rule requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof. However, a duplicate is admissible in place of an original unless there is a genuine question about the authenticity of the original or it would be unfair under the circumstances of the case to admit the duplicate instead of the original. Also, an original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing party, and if the original is not closely related to a controlling issue in the case.

Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person.

Bind over - To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.

Bond (supersedeas) - The bond set by the court during the appeal procedure and posted with the Clerk of Court. It ensures payment to the winner at the trial court level if the appeal is unsuccessful.

Bond (surety) - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant.

Booking - The process of photographing, fingerprinting and recording identifying data of a suspect after arrest.

Breach - The breaking or violating of a law, right, or duty, either by the commission or omission of an act.

Breach of Contract - Failure by one party to abide by the terms of a contract without lawful excuse.

Brief - A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points: The level of the burden of proof for a type of case indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. In a criminal case, the burden on the prosecutor is to establish the defendant's guilty beyond a reasonable doubt, a much stricter standard.

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C

Calendar - List of cases scheduled for hearing in court.

Calendaring - Assigning & scheduling of court appearances.

Capital Crime - A crime possibly punishable by death.

Caption - The heading on a legal document listing the parties, the court, the case number, and related information.

Case Law - Law established by previous decisions of appellate courts.

Cause - A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Caveat - A warning; a note of caution.

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.

Cert. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. "Cert. denied" means that the court has decided not to hear the case.

Certiorari - A means of getting an appellate court to review a lower court's decision when it is not required to do so. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as “granting cert.,” and results in an order to the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals.

Challenge - Term used in a jury trial for an attemp to exclude a potential juror.

Challenge for Cause - Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right.

Chambers - A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Change of Venue - Moving a lawsuit or criminal trial to another place for trial. Venue may be changed when a cases has received so much local publicity as to create a likelihood of bias in the jury pool.

Charge to the Jury - The judge's instructions to the jury explaining the law that applies to the facts of the case on trial.

Charges (multiple) - A case with more than one count or offense listed on the court file.

Charging Document - A citation, information, indictment or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction.

Chief Judge - Presiding or administrative judge in a court.

Circumstantial Evidence - All evidence except eyewitness testimony. Evidence from which an inference must be drawn. Examples include documents, photographs, and physical evidence, such as fingerprints.

Citation - A written notice to appear in court, usually to answer a violation of traffic law or other minor criminal laws.

Civil Action - Non-criminal cases in which one private individual, business, or government sues another to protect, enforce, or redress private or civil rights.

Civil Contempt - Contempt can be civil or criminal depending on the purpose the court seeks to achieve through its punishment. Contempt is civil when the purpose of punishment is to coerce the defendant to perform an act previously ordered by the court, which the defendant has not done, such as paying child support. Compare with Criminal Contempt.

Civil Procedure - The set of rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Class Action - A lawsuit brought by one or more persons on behalf of a larger group.

Clear and Convincing Evidence - Standard of proof commonly used in civil lawsuits and in regulatory agency appeals. It governs the amount of proof that must be offered in order for the plaintiff to win the case. It imposes a greater burden than the preponderance of evidence standard, but less than the criminal standard “beyond a reasonable doubt.”

Clemency or Executive Clemency - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Closing Argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Codicil - An amendment to a will.

Collateral Estoppel - Rule that bars relitigation between the same parties of a particular issue or determinative fact when there is a prior judgment.

Commit - To send a person to prison, asylum, or reformatory by a court order.

Common Law - The legal system that originated in England and is now in use in the United States. It derives legal principles from the statements by judges in their written opinions, rather than from statutes enacted by legislative bodies.

Commutation - The reduction of a sentence, as from death to life imprisonment.

Co-Defendants - More than one person arrested and charged on the same criminal incident.

Comparative Negligence - A legal doctrine effective in New Mexico, by which acts of the opposing parties in a tort case are compared to determine the liability of each party, making each liable only for his/her percentage of fault. See also contributory negligence.

Compensatory Damages - Damages awarded to compensate the nonbreaching or injured party.

Competency to Stand Trial - In order to be competent to stand trial, a person must have the capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his/her defense. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial.

Competent Witness - Every person is considered competent to be a witness. When a party questions the competency of a witness, the judge must determine the witness's capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful.

Complainant - The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Complaint - [Civil] The initial paperwork filed in a civil action that states the claim for which relief is sought; in the complaint the plaintiff states the wrongs allegedly committed by the defendant. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.

Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.

Concurrent Jurisdiction - Authority vested in more than one court to hear and resolve specific types of disputes.

Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.

Condemnation - The legal process by which the government takes private land for a public use, paying the owners a fair price as determined by the court.

Conditions of Release - Conditions upon which an arrested person is released pending trial.

Consecutive Sentences - Successive sentences of imprisonment, one beginning at the expiration of another, imposed against a person convicted of two or more crimes.

Conservatorship - Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself/herself. (See also guardianship. Conservators have somewhat less responsibility than guardians.)

Consideration - A bargained-for benefit or right. Consideration may be a promise to perform a certain act - for example, a promise to deliver goods, a promise not to do something, payment, or a promise to pay money, among other things. Whatever its particulars, consideration must be something of value to the people who are making the contract.

Consolidation - Joinder of two or more separately filed criminal or civil complaints, so that the charges may be tried together.

Contempt of Court -Behavior intended to lessen the dignity of a court. Also, a willful act of disobedience of a judge's verbal or written order. There are two types of contempt, direct and indirect. When the contumacious (contemptuous) conduct occurs before the judge, the contempt is direct and may be punished summarily. All other conduct not witnessed by the judge is indirect contempt. Before punishing indirect contempt, the court must give the accused party notice and an opportunity to be heard. See also Civil Contempt and Criminal Contempt.

Continuance - Deferment of a trial or hearing to a later date.

Contraband - Articles, the possession of which is prohibited by law.

Contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. A contract must have something of value promised or given, and a reasonable amount of agreement between the parties as to what the contract means. The parties must be legally capable of making binding agreements.

Contributory Negligence - A legal doctrine that prevents the plaintiff in a civil action from recovering against a defendant for his/her negligence if the plaintiff was also negligent. New Mexico has abandoned the doctrine of contributory negligence in favor of comparative negligence.

Conviction - A judgment of guilt against a criminal defendant.

Corpus Delicti - Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of that particular injury or loss.

Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence.

Costs - Fees required in the course of a law suit, beginning with the docketing or filing fee, and may include service fees, witness fees, publication fees, etc. Does not include attorney fees.

Counsel - Legal adviser; a term used to refer to lawyers in a case.

Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Court - Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”

Court Administrator/Clerk of Court -An officer appointed by the court to oversee the administrative, non-judicial activities of the court.

Court Costs - The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. When permitted by law, a court may award an amount of money to the successful party, to be paid by the losing party, as reimbursement for the winner's court costs.

Court Recorder - A deputy clerk who maintains the verbatim record of court proceedings on tape.

Court Reporter - A certified person who maintains the verbatim record of court proceedings.

Court Rules - Procedural rules adopted by a court that govern the litigation process. Court rules often govern the format and style of documents submitted to the court.

Criminal Contempt - A criminal contempt is an act done in disrespect of the court or its process or which obstructs the administration of justice or tends to bring the court into disrepute. Criminal contempt can be direct or indirect. Direct contempt involves disorderly or insolent behavior in the presence of the judge that interferes with the course of a judicial proceeding; it is punishable summarily (i.e. without a hearing) by fine or imprisonment. Indirect contempt involves willful disobedience of court orders away from the court, which tend to impede justice. For example, refusing to carry out lawful court orders, preventing service of process, withholding evidence, and bribing a witness are all considered indirect criminal contempt. A person charged with indirect contempt is entitled to notice and a hearing.

Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit.

Cross-Examination - The questioning of a witness produced by the other side.

Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently.

Custody - Detaining of a person by lawful process or authority to assure his/her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime.

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D

Damages - Money awarded by a court to a person injured by the unlawful act or negligence of another person.

Decision - The judgment reached or given by a court of law.

Declaratory Judgment - A judgment of the court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement.

Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

Defamation - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.

Default - A failure to respond to a lawsuit within the specified time.

Default Judgment - A judgment entered against a party who fails to appear in court or respond to the civil complaint or petition.

Defendant - In a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deferred Sentence - A sentence that is postponed to a future time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.

Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral.

Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case.

Demanding State - The state seeking return of a fugitive.

De Novo - “Anew.” A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.

Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.

Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.

Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.

Disbarment - Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It is more severe than censure (an official reprimand or condemnation) and suspension (a temporary loss of the right to practice law.)

Discharge of bond - A court order to release a bond.

Disclaim - To refuse a gift made in a will.

Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.

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.

Dismissal - An order or judgment disposing of a case without a trial.

With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant.

Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.

Disposition - The sentencing or other final settlement of a case.

Dissent - (Verb) To disagree. (Noun) An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

DOC - The Department of Corrections - state prison facility.

Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.

Docket Number - The numerical designation assigned to each case by the court.

Domicile - The place where a person has his/her permanent legal home. A person may have several residences, but only one domicile.

Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution and by Article II, E of the NM Constitution.

Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

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E

Elements of a Crime - Specific factors that define a crime and which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Eminent Domain - The power of the government to take private property for public use through condemnation.

En Banc - All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Endorsed - Stamped with the seal of the court indicating the date and time of filing with the court.

Enjoining - An order by the court telling a person to stop performing a specific act.

Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed.

Entry of Judgment or Order - The filing of a written, dated and signed judgment or order.

Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the U.S. Constitution Article III, and Article II, Section 18, of the NM Constitution, that the law treat all persons equally. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than those are laid upon others; and that no different or greater punishment is enforced against them for a violation of the laws.

Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies. Equity and law courts are now merged in NM.

Escheat - The process by which a deceased person's property goes to the state if no heir can be found.

Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

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