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A
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D E
F G
H I
J K L
M N
O P
Q R
S T
U V
W X Y Z #
Click on the first letter of the
word from the list above to go to the appropriate
section of the glossary.
- M -
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.)
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