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Glossary of Tort Law
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Legal
Glossaries Index
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.
Malpractice: Improper or negligent
behavior by a professional, such as a doctor or a lawyer. The failure of a
professional to follow the accepted standards of practice of his or her
profession.
Mediation: A method of alternative
dispute resolution in which a neutral third party helps resolve a dispute. The
mediator does not have the power to impose a decision on the parties. If a
satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
Minor: A person who does not have the
legal rights of an adult. A minor is usually defined as someone who has not yet
reached the age of majority. In most states, a person reaches majority and
acquires all of the rights and responsibilities of an adult when he or she turns
18.
Misdemeanor: Crime that is punishable by
less than one year in jail, such as minor theft and simple assault that does not
result in substantial bodily injury.
Mistrial: An invalid trial, caused by
fundamental error. When a mistrial is declared, the trial must start again from
the selection of the jury.
Motion for a New Trial: Request in which
a losing party asserts that a trial was unfair due to legal errors that
prejudiced its case.
Motion for directed Verdict: A request
made by the defendant in a civil case. Asserts that the plaintiff has raised no
genuine issue to be tried and asks the judge to rule in favor of the defense.
Typically made after the plaintiff is done presenting his or her case.
Motion for Summary Judgment: A request
made by the defendant in a civil case. Asserts that the plaintiff has raised no
genuine issue to be tried and asks the judge to rule in favor of the defense.
Typically made before the trial.
Motion to dismiss: In a civil case, a
request to a judge by the defendant, asserting that even if all the allegations
are true, the plaintiff is not entitled to any legal relief and thus the case
should be dismissed.
Motion to Suppress Evidence: A request
to a judge to keep out evidence at a trial or hearing often made when a party
believes the evidence was unlawfully obtained.
Motion: A request asking a judge to
issue a ruling or order on a legal matter.
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