| |
|
|
Glossary
Magistrate Judge
A judicial officer of a district court who conducts initial proceedings in
criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil
and criminal matters on behalf of district judges, and decides civil cases with
the consent of the parties.
Magna Carta
Charter to which King John of England was forced to subscribe on June 12, 1215,
in which basic limits were set on the King's powers. King John had ruled
tyrannically and his barons rebelled, committing themselves to war with the
crown unless the King agreed to the Charter. It is held to be the precursor of
habeas corpus, among other things, for Article 39 of the Magna Carta held that
no man shall be "imprisoned, exiled or destroyed ... except by lawful judgment
of his peers or by the law of the land".
Maintenance
Referring to the obligation of one person to contribute, in part or in whole, to
the cost of living of another person. It is usually expressed in a currency
amount per month as in "$450 a month maintenance." Some countries use the words
"support" (spousal or child) or "alimony".
Malfeasance
To commit an illegal action. See also misfeasance and nonfeasance.
Mandamus
A writ commanding an individual, organization (e.g. government), administrative
tribunal, or court to perform a certain action, usually to correct a prior
illegal action or a failure to act in the first place.
Manslaughter
Accidental homicide or homicide which occurs without an intent to kill and which
does not occur during the commission of another crime or under extreme
provocation.
Maritime law
A very specific body of law dealing with transportation by water, seamen, and
harbors.
Marriage
The state-recognized, voluntary and exclusive contract for the lifelong union of
two persons. Most countries do not recognize polygamous marriages, but marriage
between same-sex couples is becoming increasingly recognized.
Massachusetts trust
A unique way to organize a business in which the property is bought by, or
transferred to, a trustee (such as a trust company) and the trustee issues trust
"units", which the investors, or their designates, hold as beneficiaries. This
is a common way to structure a large real estate purchase.
Matrimony
The legal state of being married. Clerics refer to the "holy" estate of
matrimony.
Mediation
The appointment of a mediator who acts to assist the parties in a dispute in
communicating and essentially negotiating a settlement. This is the most popular
form of alternative dispute resolution (ADR). Mediation does not involve
adjudication of the issues in dispute or the forcing of a compromise; only the
parties, of their own volition, can shift their position in order to achieve a
settlement. The result of a successful mediation is called a "settlement."
Compare with arbitration.
MOU
Abbreviation for "Memorandum of Understanding." A document which, if meeting the
other criteria, can be, in law, a contract. Generally, in the world of commerce
or international negotiations, an MOU is considered to be a preliminary
document; not a comprehensive agreement between two parties but rather an
interim or partial agreement on some elements, in some cases a mere agreement in
principle, on which there has been accord. Most MOU's imply that something more
is eventually expected.
Mens rea
Latin for "guilty mind." Many serious crimes require the proof of "mens rea"
before a person can be convicted. In other words, the prosecution must prove not
only that the accused committed the offence but that he (or she) did it knowing
that it was prohibited; that their act (or omission) was done with an intent to
commit a crime.
Minor
A person who is legally underage, varying between 21 and 18 years of age. Each
state sets an age threshold at which time a person is invested with all legal
rights as an adult. For many new adults, the most important rights mean access
to places serving alcohol and the right to purchase and consume alcohol, smoke
cigarettes, and drive a car. But there are many other legal rights which a minor
does not have such as, in some states, the right to own land, to sign a contract
or to get married.
Minutes
The official record of a meeting. Some minutes include a summary (not verbatim)
of the discussion along with any resolutions. Other minutes just contain a
record of the decisions. Minutes usually start off with the name of the
organization, the place and date of the meeting and the name of those persons
present. They are prepared by the corporate secretary and signed by either the
president or secretary.
Miranda warning
The name given to the requirement that police officers, in the U.S.A., must warn
suspects upon arrest that they have the right to remain silent; that any
statement that they make could be used against them in a court of law; that they
have the right to contact a lawyer; and that if they cannot afford a lawyer, one
will be provided before any questioning, if so desired. Also known as the
"Miranda Rule. If the Miranda warning is not given, any evidence obtained or
statement made by the suspect will not be admissible in court. The warning
became a national police requirement when ordered by the US Supreme Court in the
1966 case Miranda v. Arizona. More
on miranda rights.
Misdemeanor
A crime where the punishment might be a fine or prison for less than one year. A
misdemeanor is of lesser seriousness than a felony
Misfeasance
Improperly doing something which a person has the legal right to do. Compare
with malfeasance and nonfeasance.
Mis-joinder
The naming of a person as a party to a law suit when that person should not have
been added. When mis-joinder is asserted, a court will usually accommodate a
request to amend the court documents to strike, or substitute for, the name of
the mis-joined party. Compare with non-joinder.
Misrepresentation
A presentation of false and material statements or facts which induces a party
to enter into a contract. This is a ground for rescission of the contract.
Mistrial
Any trial which is found to be null and void and of no effect because of some
irregularity. It may be a partial trial which comes to a sudden end because of
some reason which invalidates it, or it may be a complete trial. In either case,
the situation is as if the trial had never occurred. Reasons for a mistrial
include a deadlocked jury, the death of a juror, or a serious procedural and
prejudicial mistake made at the trial which cannot be corrected.
Mitigating circumstances
Facts that tend to show that the defendant may have had some grounds for acting
the way he/she did. Such mitigation does not negate an offence or wrongful
action. For example, assault caused by provocation is still assault, but
provocation may constitute mitigating circumstances and allow for a lesser
sentence.
Mitigation of damages
A person who sues another for damages has a responsibility to take every
reasonable action to minimize those damages. For example, in a wrongful
dismissal suit, the person filing the suit should make efforts to find another
job so as to minimize the economic damage on him.
Modus operandi
Latin: method of operation. Refers to a criminal's preferred method of
committing crime and can be a basis for including a specific criminal in a list
of suspects. For example, a burglar may have a break and enter technique that
leaves a long scratch mark on the door. Upon discovery of a burglary with such a
mark, law enforcement officials might include this known burglar in the list of
suspects because the evidence at the crime scene is consistent with his "modus
operandi."
Moiety
A half. For example, it can be said that joint tenants hold a moiety in
property. In old criminal law, there were "moiety acts" which allowed half of
the fine money to be handed over to the informer.
Monopoly
A restriction of trade to only one or a select few companies in which only those
companies can trade in a certain area, creating a commercial advantage. Illegal
monopolies are secretly built by conspiracy between two or more companies and
are prohibited by law. Some monopolies are legal, such as those temporarily
created by patents.
Moot
A situation, side issue, problem or question which does not have to be decided
to resolve the main issues in a dispute. Also called a "moot point".
Moot court
A training activity, usually held by law schools, for future lawyers, in which a
fictional or hypothetical trial is held.
Moratorium
The temporary suspension of legal action against a person.
Mortgage
An interest given on a piece of land by a mortgagor, in writing, to guarantee to
the mortgagee the payment of a debt or the execution of some action. It
automatically becomes void when the debt is paid or the action is executed. In
some jurisdictions, it entails a conveyance of the land until the debt is paid
in full.
Motion
A request by a litigant to a judge for a decision on an issue relating to the
case.
Murder
The taking of another person's life, without legal justification or provocation.
See also homicide.
Call
toll free
1.800.224.5937
|
Bail Bonds
101 | Home |
Glossary |
Contact us |
Criminal Attorneys |
Consumer Tips |
PRIVACY STATEMENT
|
|
|
