- M -
Legal
Glossaries Index
Magistrate: Judicial officer exercising some of the functions of a judge.
It also refers in a general way to a judge.
Malfeasance: Commission of a wrongful act; evil doing; wrongful
conduct.
Malicious Prosecution: An action instituted with intention of injuring
the defendant and without probable cause, and which terminates in favor of the
person prosecuted.
Mandamus: A writ issued by a court ordering a public official to
perform an act.
Manslaughter: The unlawful killing of another without intent to kill;
either voluntary (upon a sudden impulse); or involuntary (during the commission
of an unlawful act not ordinarily expected to result in great bodily harm). See
also murder.
Material Fact: Generally, a fact essential to a case or a defense without
which said case or defense could not be supported.
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.
Medical Malpractice: Broadly, a claim brought against a health-care
professional based on professional negligence wherein the health-care
professional violates the applicable standard of care and an injury results.
Member: In relation to health care, a member is a person who belongs to a
health care plan, like an HMO
Memorialized: In writing.
Mens Rea: The "guilty mind" necessary to establish criminal
responsibility.
Mental Anguish: Mental suffering. In some cases, damages may be awarded
for mental anguish even though no physical injury is present.
Miranda Warning: Requirement that police tell a suspect in their
custody of his or her constitutional rights before they question him or her. So
named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.
Misdemeanor: Crimes less serious than felonies. In Pennsylvania, the
punishments associated with misdemeanors vary according to degree. A misdemeanor
of the first degree may be sentenced to a term of imprisonment of not more than
five years. A misdemeanor of the second degree may be sentenced to a term of
imprisonment of not more than two years. A misdemeanor of the third degree may
be sentenced to a term of imprisonment of not more than one year.
Misfeasance: Improper performance of a lawful act.
Mistrial: An invalid trial, caused by fundamental error. When a
mistrial is declared, the trial must start again from the selection of the jury.
Mitigating Circumstances: Those which do not constitute a
justification or excuse for an offense but which may be considered as reasons
for reducing the degree of blame.
Mitigation of Damages or Doctrine of Avoidable Consequences: Imposes a
duty on victims of a tort to take reasonable steps to minimize their damages
after an injury has been inflicted.
Mittimus: The name of an order in writing, issuing from a court and
directing the sheriff or other officer to convey a person to a prison, asylum,
or reformatory, and directing the jailer or other appropriate official to
receive and safely keep the person until his or her fate shall be determined by
due course of law.
Moot: A moot case or a moot point is one not subject to a judicial
determination because it involves an abstract question or a pretended
controversy that has not yet actually arisen or has already passed. Mootness
usually refers to a court's refusal to consider a case because the issue
involved has been resolved prior to the court's decision, leaving nothing that
would be affected by the court's decision.
Motion: An application made to a judge for the purpose of obtaining an
order directing some act to be done in favor of the party presenting the
application.
Moving Party: The party presenting the motion. Compare with non-moving
party.
Murder: The unlawful killing of a human being with 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. (See also
manslaughter.)
