Americas Legal Connection

Home>>Glossary

Glossary

mala in se Evil in itself - behavior that is universally regarded as criminal, such as murder.	miranda warning The warning police must give suspects regarding their constitutional right to remain silent and their right to an attorney.

magistrate judges Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.	mala prohibita Wrong because prohibited behavior that is criminal only because a society defines it as such. An example is the manufacture of alcoholic beverages during prohibition.

mandate A judicial command directing the proper officer to enforce a judgment, sentence, or decree.	manslaughter The unlawful killing of another without premeditation, either voluntary upon a sudden impulse, for example, a quarrel erupts into a fistfight in which one of the participants is killed; or involuntary during the commission of an unlawful act not ordinarily expected to result in great bodily harm, or during the commission of a lawful act without proper caution, for example, driving an automobile at excessive speed resulting in a fatal collision.

mediation A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.	memoranda of law Formal written arguments in support of a motion filed in a case.

mens rea The "guilty mind" necessary to establish criminal responsibility.	merits Issues of legal substance at stake in a case, as opposed to procedural considerations.

mistrial An erroneous or invalid trial; a trial that cannot stand in law because of lack of jurisdiction, incorrect procedure with respect to jury selection, or disregard of some other fundamental requisite; an invalid trial because of the inability of a jury to reach a verdict.	motion to dismiss A formal request for the court to dismiss a complaint because of insufficiency of evidence or because the law does not recognize the injury or harm claimed.

multiplicity of actions Numerous and unnecessary attempts to litigate the same right.	municipal courts In the judicial organization of some states, courts whose territorial authority is confined to a city or community.

murder The unlawful killing of a human being with malice aforethought (deliberate intent to kill). Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.	maker The party to a promissory note that makes the promise.

malpractice A subdivision of negligence that refers to a professional's improper or immoral conduct in the performance of his or her duties through carelessness or ignorance.	material alteration A deliberate change or alteration of an important element in a written contract that affects the rights or obligations of the parties.

memorandum A written contract or agreement.	minor A person who has not yet reached the age of majority.

misdemeanor A less serious crime that is generally punishable by a prison sentance of not more than one year.	misrepresentation A misstatement of material fact that the results in including another to enter into an agreement to his or her injury.

mistake A belief that is not in accord with the facts.	mitigate The obligation of the injured party to protect the other party from any unnecessary damages.

monopoly power A situation in which one or more people or firms control the market in a particular area or for a particular product.	moral consideration Something that a person is not legally bound to do, but that he or she may feel bound to do because of love, friendship, honor, sympathy, conscience, or other reason.

morals Beliefs that govern society's attitude about what constitutes good and bad behavior.	mutual agreement The state of mind that exists between an offeror and an offeree when a valid offer has been accepted and parties know what terms are and have agreed to be bound by them. Mutual agreement is also known as "a meetings of the minds."

mutual-benefit bailment A bailment in which both the bailee and the bailor derive some benefits and as a result, each has rights and duties.