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Legal Dictionary M
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Magna Carta :
Charter to which subscribed King John of England on June 12, 1215 in
which a basic set of limits were set on the King's powers. King John had
ruled tyrannically. His barons rebelled and committed themselves to war
with King John unless he agreed to the Charter. Held to be the precursor
of habeas corpus as 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". Click here
to see the full text of the Magna Carta. Maintenance : Refers to the
obligation of one person to contribute, in part or in whole, to the cost
of living of another person. Maintenance is usually expressed in a
currency amount per month as in "$450 a month maintenance." Some
countries prefer the words "support" (spousal or child) or "alimony" but
they all mean the same thing.
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Malfeasance :
Doing something which is illegal. Compare with misfeasance and
nonfeasance.
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Mandamus :
A writ which commands an individual, organization (eg. 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.
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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.
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Maritime law :
A very specific body of law peculiar to transportation by water,
seamen and harbors.
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Marriage :
The state-recognized, voluntary and exclusive contract for the
lifelong union of two persons. Most countries do not recognize marriage
between same-sex couples or polygamous marriages.
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Massachusetts trust :
A unique way to organize a business where 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.
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Matrimony :,/A>
The legal state of being married. Ecclesiastics talk of the "holy"
state of matrimony.
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Mediation :
The most popular form of alternative dispute resolution (ADR),
mediation involves the appointment of a mediator who acts as a
facilitator assisting the parties in communicating, essentially
negotiating a settlement. The mediator does not adjudicate the issues in
dispute or to force 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.
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MOU :
Abbreviation fo "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, a 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.
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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.
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Minor :
A person who is legally underage. It varies 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, this
may 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.
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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 start off with
the name of the organization, the place and date of the meeting and the
name of those person's present. Minutes are prepared by the corporate
secretary and signed by either the president or secretary.
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Miranda warning :
Also known as the "Miranda Rule, this is 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, that one will be provided before any questioning is so desired.
Failure to issue the Miranda warning results in the evidence so obtained
to not be admissible in the court. The warning became a national police
requirement when ordered by the US Supreme Court in the 1966 case
Miranda v. Arizona and that is how it got the name.
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Misdemeanor :
(USA) A crime of lesser seriousness than a felony where the
punishment might be a fine or prison for less than one year.
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Misfeasance :
Improperly doing something which a person has the legal right to do.
Compare with malfeasance and nonfeasance.
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Mis-joinder :
When a person has been named as a party to a law suit when that
person should not have been added. When this 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.
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Misrepresentation :
A false and material statement which induces a party to enter into a
contract. This is a ground for rescission of the contract.
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Mistrial :
A partial or complete trial which is found to be null and void and
of no effect because of some irregularity. The sudden end of trial
before it would ordinarily end because of some reason which invalidates
it. Once a mistrial is declared, the situation is as if the trial had
never occurred. Some common 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.
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Mitigating circumstances :
These are facts that, while not negating an offence or wrongful
action, tend to show that the defendant may have had some grounds for
acting the way he/she did. For example, assault, though provoked, is
still assault but provocation may constitute mitigating circumstances
and allow for a lesser sentence.
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Mitigation of damages :
A person who sues another for damages has a responsibility to
minimize those damages, as far as reasonable. For example, in a wrongful
dismissal suit, the person that was fired should make some effort to
find another job so as to minimize the economic damage on themselves.
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Modus operandi :
Latin: method of operation. Used by law enforcement officials to
refer to a criminal's preferred method of committing crime. For example,
car thief "George" may have a break and enter technique that leaves a
long scratch mark on the door. Upon discovery of a stolen vehicle with
such a mark, the law enforcement officials might include "George" in the
list of suspects because the evidence at the crime scene is consistent
with his "modus operandi."
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Moiety :
Half of something. 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.
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Monopoly :
A commercial advantage enjoyed by only one or a select few companies
in which only those companies can trade in a certain area. Some
monopolies are legal, such as those temporarily created by patents.
Others are secretly built by conspiracy between two or more companies
and are prohibited by law.
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Moot :
Also called a "moot point": a side issue, problem or question which
does not have to be decided to resolve the main issues in a dispute.
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Moot court :
Fictional or hypothetical trial, usually hosted by law schools, as
training for future barristers or litigators.
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Moratorium :
The temporary suspension of legal action against a person.
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Mortgage :
An interest given on a piece of land, in writing, to guarantee 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. The person lending the money and receiving the mortgage is
called the mortgagee; the person who concedes a mortgage as security
upon their property is called a mortgagor.
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Murder :
Intentional homicide (the taking of another person's life), without
legal justification or provocation.
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