| Malice |
|
The state of mind or intent to cause harm,
by an unlawful act. |
|
|
|
|
|
|
| Malice
Aforethought |
|
A determination or plan to cause harm that
exists before the harmful action. Malice aforethought turns homicide
into murder. |
|
|
|
|
|
|
| Malpractice |
|
A misconduct, lack of skill or unreasonable
mistake in a professional capacity, usually applied to doctors,
lawyers, or accountants. |
|
|
|
|
|
|
| Manifest |
|
1. Apparent and evident to the senses,
especially sight. 2. A document used in shipping and receiving that
details the contents of a container, and its traveling history and
instructions. |
|
|
|
|
|
|
| Manslaughter |
|
An action that results in an unintentional
death of another person. |
|
|
|
|
|
|
| Margin |
|
1. Borrowing money from a stockbroker to
effectuate a securities transaction. 2. The difference between the
face value of a loan and the market value of its collateral. 3. The
difference between the wholesale and retail prices of a
product. |
|
|
|
|
|
|
| Marital Communications
Privilege (Husband and Wife Privilege) |
|
A principle that conversations between two
people who are married are considered privileged, and therefore
inadmissible as evidence in a trial. |
|
|
|
|
|
|
| Marital
Deduction |
|
A federal tax deduction is allowed when
property is transferred from one spouse to another. |
|
|
|
|
|
|
| Market
Manipulation |
|
The act of using influence by a stock
broker or corporation shareholder, to affect the pattern of the
stock market. |
|
|
|
|
|
|
| Marketable
Title |
|
A title which is free from any encumbrance
that would limit or prevent its sale; a title that free to be used
in transactions. |
|
|
|
|
|
|
| Material |
|
Relating to a matter at hand, in a broader
sense than relevance; having to do with the subject or facts under
consideration. |
|
|
|
|
|
|
| Mediation |
|
A private, informal process for resolving
disputes. It is overseen by a mediator, who is charged with helping
both parties come to an agreement, but has no power to impose a
solution. |
|
|
|
|
|
|
| Mens Rea |
|
The "criminal intent" or "guilty mind" that
creates responsibility for a crime. See "actus reus". |
|
|
|
|
|
|
| Mental
anguish |
|
The collection of emotions that results
from both physical harm and intellectual and emotional abuse. In the
case of an accident, mental anguish is considered to be experienced
in addition to any physical pain, and compensable by damages. In a
divorce case, mental anguish does not need to be tied to physical
abuse to be considered. |
|
|
|
|
|
|
| Merger |
|
The joining and transformation of two items
into one. The term can be applied to contracts, companies, debts,
and obligations. |
|
|
|
|
|
|
| Minor |
|
An infant, or person under the age of legal
competence and independence. |
|
|
|
|
|
|
| Miranda
Warnings |
|
Before any questioning by the police, a
person must be warned of their "Miranda rights", or any answers they
give may be inadmissible in court. The person has a right to know:
1. They may remain silent; 2. Any statement they make may be used
against them; 3. They have the right to have an attorney present
during questioning; and 4. If they cannot afford their own lawyer,
one will be provided for them. |
|
|
|
|
|
|
| Misdemeanor |
|
An offense lower than a felony in
seriousness, and usually punishable by fine, service, or any means
other than imprisonment in a penitentiary. |
|
|
|
|
|
|
| Mistrial |
|
A trial that ends due to an error or
misconduct, instead of a legal resolution, and is considered null.
Ending a trial because of either an inability to continue, or
because continuing would not be fair to one side. |
|
|
|
|
|
|
| Mitigating
Circumstances |
|
Facts surrounding an act that might reduce
the moral responsibility, and therefore the punishment, of a person
for that act. |
|
|
|
|
|
|
| Mitigation of
Damages |
|
The principle that a person who is harmed
should take action to minimize that harm. Used in civil cases by the
plaintiff to limit the damages for which they are liable. |
|
|
|
|
|
|
| Modus
Operandi |
|
"Method of operation." A criminas pattern
of behavior that is specific enough so as to distinguish his or her
crimes. |
|
|
|
|
|
|
| Monopoly |
|
A company or group of companies that
control a particular market, and especially those able to control
price and exclude competition. |
|
|
|
|
|
|
| Moral
turpitude |
|
Disregard for established community
standards of right and wrong in the commission of a crime, above and
beyond the crime itself. |
|
|
|
|
|
|
| Mortgage |
|
A claim on a piece of real estate and/or
any attached structures or property as security for a debt. |
|
|
|
|
|
|
| Motion |
|
A request to a court for an action. |
|
|
|
|
|
|
| Municipal
Bond |
|
Certificates of indebtedness sold by a
local government to raise more money at once than is possible
through taxation. Municipal bonds are payable after a certain time
has passed, to be determined by the issuing municipality. |
|
|
|
|
|
|
| Murder |
|
The crime of taking another human's
life. |
|
|
|
|
|
|
| Mutual Fund |
|
A company-managed fund which uses its
shareholders' money to buy and sell stocks. Mutual funds can be
managed for such results as value increase over time, yearly income
from the fund, and even certain types of
stock. |
