NM AT Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Supreme Court composition

The New Mexico Supreme Court consists of five justices elected statewide. The Chief Justice is chosen by the justices and oversees the judicial branch's administrative operations.

Death sentence appeal

An appeal from a district court judgment imposing a sentence of death goes directly to the Supreme Court, bypassing the Court of Appeals entirely.

Certiorari to Court of Appeals

The Supreme Court may grant discretionary review of a Court of Appeals decision by writ of certiorari when a significant question of law or conflict exists.

Superintending control

The Supreme Court holds supervisory authority over all inferior courts in New Mexico and may issue writs of superintending control to correct lower court actions.

Rulemaking power

The Supreme Court promulgates rules governing procedure and practice in all New Mexico courts, including rules of civil, criminal, and appellate procedure.

Original writ jurisdiction

The Supreme Court may issue original writs of mandamus, prohibition, certiorari, and quo warranto directed at state officers, boards, and lower courts.

Attorney discipline

The Supreme Court has exclusive authority to admit, suspend, and disbar attorneys, acting on recommendations from the disciplinary board.

Certified questions

Federal appellate courts may certify unsettled questions of New Mexico law to the Supreme Court, which may answer to guide the federal proceeding.

Court of Appeals size

The New Mexico Court of Appeals is composed of ten judges who sit in panels of three to decide appeals; the court sits in Albuquerque.

Intermediate appellate jurisdiction

The Court of Appeals hears appeals as of right from district court final judgments in civil and criminal cases, except those reserved to the Supreme Court.

Felony appeals route

A defendant convicted of a felony in district court appeals as of right to the Court of Appeals, unless the sentence imposed was death.

Panel decision precedent

A Court of Appeals panel decision binds New Mexico district courts, but a later panel may depart only by convening en banc or awaiting Supreme Court review.

Certification to Supreme Court

The Court of Appeals may certify a case to the Supreme Court when it raises a substantial state constitutional question or conflicts with existing precedent.

Record on appeal

Appellate review in the Court of Appeals is confined to the district court record; new evidence is not taken absent extraordinary circumstances.

Writs in aid of jurisdiction

The Court of Appeals may issue writs of mandamus and prohibition necessary to exercise its appellate jurisdiction over lower courts.

Administrative agency appeals

Statutes route appeals from certain state administrative agencies to the Court of Appeals, which reviews the agency record for legal error.

Thirteen judicial districts

New Mexico is divided into thirteen judicial districts, each containing at least one district court with general trial jurisdiction.

General jurisdiction

District courts hear all civil actions, felony prosecutions, and domestic relations matters not exclusively assigned by statute to another court.

Appellate review of lower courts

District courts hear appeals from magistrate, metropolitan, municipal, and probate courts, generally conducting trial de novo unless statute provides record review.

Real property title

District courts have exclusive jurisdiction over quiet title actions and disputes determining ownership of real property within the state.

Children's court division

The district court sits as the children's court to hear delinquency, abuse, and neglect matters under the Children's Code.

District judge selection

District judges are elected by voters in their districts; the governor fills vacancies from names submitted by a judicial nominating commission.

Grand jury power

District courts may impanel grand juries to investigate crimes and return indictments, a function not available in limited jurisdiction courts.

Venue rule

Venue in district court is proper in the county where the defendant resides or where the cause of action arose, subject to transfer for convenience.

Habeas corpus

District courts may issue writs of habeas corpus to inquire into the legality of a person's detention by state or local authorities.

Magistrate court jurisdiction

Magistrate courts hear misdemeanors, petty misdemeanors, and civil claims up to the statutory limit, and conduct preliminary felony hearings.

Magistrate judge qualifications

Magistrate judges are elected and need not be licensed attorneys; they must meet statutory residency and age requirements for the office.

Metropolitan court

Metropolitan courts are established in class A counties and hear misdemeanors, ordinance violations, and civil claims within statutory limits.

Metropolitan judge requirement

Metropolitan court judges are elected and must be licensed attorneys, unlike magistrate and municipal judges who need not be.

Municipal court scope

Municipal courts hear violations of city ordinances and certain traffic offenses; they lack civil jurisdiction and cannot hear felony cases.

Probate court jurisdiction

Probate courts handle informal probate and uncontested estate administration; contested wills and formal testacy proceedings go to district court.

Trial de novo appeal

An appeal from a limited jurisdiction court to district court is typically tried anew, with the district court receiving evidence rather than reviewing a record.