NM AT Law key terms

The authority of a court to review a lower court's decision and affirm, reverse, or remand it, rather than to conduct the initial trial of a case.

The authority of a court to hear a case first, taking evidence and entering the initial judgment, as opposed to reviewing what another court already decided.

An order by a higher court directing a lower court to send up the record of a case for review; in New Mexico practice it is the main route to discretionary Supreme Court review.

The pleading in which a party asks a higher court to exercise its discretion to review a lower court's judgment, usually filed after an adverse Court of Appeals decision.

A court's power to choose whether to accept a case for review at all, so that denial leaves the lower court's ruling in place without endorsing its reasoning.

A party's entitlement to have a higher court hear the appeal because the law grants review automatically in that category of case, leaving the court no choice to refuse.

The filing that starts an appeal, identifying the judgment appealed from and the parties, and which must be filed within the deadline set by the rules of appellate procedure.

The compiled trial court file transmitted to the appellate court, including pleadings, orders, exhibits, and transcripts, which defines what the reviewing court may consider.

The requirement that a party raise an issue in the trial court, typically by timely objection, so the appellate court may review it rather than treating it as waived.

An obvious error affecting a substantial right that an appellate court may correct even though the party failed to object below, applied narrowly and sparingly.

A trial mistake that did not affect the outcome or deprive the losing party of a fair proceeding, so the appellate court leaves the judgment undisturbed.

An appellate court's order sending a case back to the lower court, often with instructions to conduct further proceedings, apply a corrected legal standard, or enter a different judgment.

The degree of deference an appellate court gives the decision below, such as de novo for legal questions and substantial evidence for factual findings.

Evidence that a reasonable mind could accept as adequate to support a conclusion, the deferential test used when reviewing findings of fact by a lower tribunal.

A deferential review standard asking whether the lower court's ruling was arbitrary, capricious, or beyond the bounds of reason, not merely whether the appellate judge would decide differently.

An appeal taken from a ruling before the case is finally concluded, generally allowed only when the law permits it or the trial court certifies the issue for review.

A judgment that resolves all claims and rights of all parties, ending the litigation in the trial court and ordinarily making the case appealable.

An extraordinary writ ordering a public officer or lower court to perform a clear legal duty, used when ordinary appeal is unavailable or inadequate.

An extraordinary writ directed to a lower court to stop it from acting beyond its jurisdiction or in a way that cannot be corrected on appeal.

A court's legal authority over the type of case presented, such as a probate matter or a small claim, which cannot be created by the parties' agreement or waiver.

Authority shared by two or more courts over the same kind of case, so a party may choose among them, as where district and limited jurisdiction courts both may hear certain claims.

The geographic place, usually a county or judicial district, where a case should be filed and tried, a rule distinct from whether the court has power over that kind of case.

A geographic unit of the state court system in which one or more district judges sit; New Mexico is divided into numbered districts that set venue and election boundaries.

The general jurisdiction trial court of New Mexico, hearing felonies, civil cases above limited jurisdiction amounts, domestic relations, and appeals from some limited courts.

New Mexico's intermediate appellate court, which hears most appeals as of right from district court and some administrative decisions, sitting in panels.

The state's highest court, exercising discretionary and mandatory review, supervising the practice of law, and holding general superintending control over inferior courts.

The Supreme Court's constitutional authority to oversee and correct the actions of lower courts through extraordinary writs, ensuring uniform and lawful administration of justice.

A subset of a multi-judge appellate court assigned to decide a particular case, typically three judges on the Court of Appeals rather than the full court.

A proceeding in which all judges of an appellate court hear a case together, often used to resolve a conflict between panel decisions.

A trial court whose authority is confined to specified case types or money amounts, including magistrate, metropolitan, municipal, and probate courts in New Mexico.

A court of limited jurisdiction in New Mexico's counties, handling misdemeanors, petty misdemeanors, preliminary hearings in felony cases, and civil claims below a statutory amount.

A limited jurisdiction court created for a densely populated area, exercising criminal and civil jurisdiction comparable to magistrate courts but established under separate statutory authority.

A court established by a city or town to enforce local ordinances, hear petty misdemeanors and traffic matters, and impose penalties set by ordinance.

A court with jurisdiction over wills, estates, guardianships, and conservatorships, though in New Mexico district courts also exercise probate jurisdiction in many counties.

A proceeding in a limited jurisdiction court to determine whether probable cause exists to bind a felony defendant over for trial in district court.

A magistrate's order sending a felony case to district court after finding probable cause, transferring the matter to the court with trial jurisdiction.

An appeal in which the higher court retries the entire case rather than reviewing the record, the usual route from magistrate or municipal court to district court.

An informal civil docket for modest money disputes, heard in magistrate and metropolitan courts with simplified procedure and often no right to a jury or lawyer-heavy process.

A discretionary court order such as mandamus, prohibition, or certiorari, issued outside the normal appeal path to correct a legal error or excess of authority.