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A
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K L M
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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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