New Mexico Supreme Court
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New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe. The court's five justices are chosen by statewide election, or appointed by the governor if to fill a seat that has become vacant mid-term; the justices in turn choose who among them will serve as chief justice. The second time they face popular election, they must first pass review by a judicial standards committee, and then face a retention election in which they must receive at least 57% of the vote. History New Mexico Territorial Supreme Court In 1846, what is now New Mexico was seized by the Uni ...
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New Mexico
) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Keres, Zuni , Governor = , Lieutenant Governor = , Legislature = New Mexico Legislature , Upperhouse = Senate , Lowerhouse = House of Representatives , Judiciary = New Mexico Supreme Court , Senators = * * , Representative = * * * , postal_code = NM , TradAbbreviation = N.M., N.Mex. , area_rank = 5th , area_total_sq_mi = 121,591 , area_total_km2 = 314,915 , area_land_sq_mi = 121,298 , area_land_km2 = 314,161 , area_water_sq_mi = 292 , area_water_km2 = 757 , area_water_percent = 0.24 , population_as_of = 2020 , population_rank = 36th , 2010Pop = 2,117,522 , population_density_rank = 45th , 2000DensityUS = 17.2 , 2000Density = 6.62 , MedianHouseholdIncome = $51,945 , IncomeRank = 45th , AdmittanceOrder = ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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New Mexico Court Of Appeals
The New Mexico Court of Appeals (in case citation, N.M. Ct. App.) is the intermediate-level appellate court for the state of New Mexico. History The court of appeals was created by a constitutional amendment submitted to the electorate in a special election held on September 28, 1965. The original enabling legislation established a court consisting of four judges. The court was expanded to five judges in 1972 and seven judges in 1978. In 1991, it was again expanded to ten judges, where it remains today. Jurisdiction The court has general appellate jurisdiction over the state district courts and certain state agencies. The only exceptions to this grant of jurisdiction are: * criminal cases in which the death penalty or life imprisonment is sought,See N.M. Const. Art. XI, section 2 ("Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court."). *Appeals from the Public Regulation Commission, ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ...
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Vote Dilution
Vote splitting is an electoral effect in which the distribution of votes among multiple similar candidates reduces the chance of winning for any of the similar candidates, and increases the chance of winning for a dissimilar candidate. Vote splitting most easily occurs in plurality voting (also called first-past-the-post) in which each voter indicates a single choice and the candidate with the most votes wins, even if the winner does not have majority support. For example, if candidate A1 receives 30% of the votes, similar candidate A2 receives another 30% of the votes, and dissimilar candidate B receives the remaining 40% of the votes, plurality voting declares candidate B as the winner, even though 60% of the voters prefer either candidate A1 or A2. Under such systems vote pairing (also called vote swapping, co-voting or peer to peer voting) can mitigate the effect, but it requires two voters in different districts to agree, and identifying probabilities of candidates winning ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Missouri Plan
The Missouri Plan (originally the Missouri Nonpartisan Court Plan, also known as the merit plan, or some variation) is a method for the selection of judges. It originated in Missouri in 1940 and has been adopted by many states of the United States. Similar methods are used in some other countries. Under the Plan, a non-partisan commission reviews candidates for a judicial vacancy. The commission then sends to the governor a list of candidates considered best qualified. The governor then has sixty days to select a candidate from the list. If the governor does not make a selection within sixty days, the commission makes the selection. At the general election soonest after the completion of one year's service, the judge must stand in a retention election. If a majority votes against retention, the judge is removed from office, and the process starts anew. Otherwise, the judge serves out a full term. As of 2016, 38 states have a form of merit-based selection and retention method for s ...
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Ed Mechem
Edwin Leard Mechem (July 2, 1912 – November 27, 2002) was an American attorney, politician, and jurist from New Mexico. He served as the 15th, 17th, and 19th governor of New Mexico, the first person born in the 20th century to become the state's governor, as well as the first person born in New Mexico after statehood to ascend to the office. During his final term as governor, Mechem appointed himself as a United States Senator, pursuant to the Seventeenth Amendment to the United States Constitution. During his tenure, he was one of five non-Southern Republicans in the Senate to vote against the Civil Rights Act 1964. He was defeated in his bid to keep his senate seat in the 1964 United States Senate election in New Mexico. He later served as a United States district judge of the United States District Court for the District of New Mexico. Early life and education Born in Alamogordo, New Mexico, he attended schools in Alamogordo and Las Cruces. He attended New Mexico A&M Univ ...
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Silas Hare
Silas Hare (November 13, 1827 – November 26, 1908) was a United States House of Representatives, U.S. Representative from Texas. Early years Silas Hare Sr. was born in Ross County, Ohio, to Jacob and Elizabeth Freshour Hare on November 13, 1827, and lived the first fourteen years of his life with his grandfather Daniel Hare. His father died in 1835, and in 1841, Hare rejoined his mother and other family members in Hamilton County, Indiana, near Noblesville, where he attended common and private schools. He studied law in Noblesville, and was admitted to the Indiana Bar Association in 1850 and commenced practice in Noblesville, Indiana. Hare moved to Belton, Texas, in 1853 where he continued the practice of law. In 1852, Hare began traveling to improve his health. He visited Mexico, Central America, Hawaii (at that time, the Sandwich Islands), Oregon. Military service Hare served during the Mexican–American War in the 1st Indiana Volunteers 1846 and 1847. At the Battle of ...
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Confederate States Of America
The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confederacy comprised U.S. states that declared secession and warred against the United States during the American Civil War: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina. Kentucky and Missouri also declared secession and had full representation in the Confederate Congress, though their territory was largely controlled by Union forces. The Confederacy was formed on February 8, 1861, by seven slave states: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas. All seven were in the Deep South region of the United States, whose economy was heavily dependent upon agriculture—particularly cotton—and a plantation system that relied upon enslaved ...
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