Duhaime's Law Dictionary

M
Legal definitions for terms and concepts beginning with M

Means and Manner
The result and performance detail(s) of work.
Mechanic's Lien
A statutory charge on real property arising from labor or material supplied to improve upon it.
Med-Arb
A form of arbitration in which the arbitrators starts as a mediator but in the event of a failure of mediation, the arbitrator imposes a binding decision.
Mediation
A neutral facilitator who assists the parties to a dispute in communicating and negotiating a settlement.
Medical Demonstrative Evidence
Tangible medical evidence tendered in court through a witness.
Medical Expert
A witness tendered to offer opinion evidence within the confines of his or her area of medical expertise.
Medical Malpractice
Negligence of a health care professional in the diagnosis, care, and treatment of a patient.
Meeting
The coming together for the transaction of a lawful object of two or more persons.
Meeting of the Minds
The fact of contracting parties arresting their thoughts on a common set of fundamental terms.
Melius Est Petere Fontes Quam Sectari Rivulos
Latin: it is better to seek the sources than to follow the tributaries.
Melton's Case
A mid-1500s English case, never brought to Court because the king and his Parliament defeated the otherwise meritorious claim by retroactive statute.
Memorandum of Articles
A written direction to accompany a will, as to the distribution of specific items of property.
Memorandum of Understanding (MOU)
A document which generally is not intended to be legally binding but, if meeting the other criteria, can be, in law, a contract.
Mens Rea
Latin for guilty mind; guilty knowledge or intention to commit a prohibited act.
Mental Cruelty
Wanton, malicious or unnecessary infliction of pain or suffering upon the feelings or emotions of another.
Mental Disorder
A psychiatric disorder; a clinically significant disease, illness or disability of the mind.
Mentally Ill
A person who is incapable of managing his person or his affairs.
Mentally Retarded
Subnormal general intellectual functioning which originates during the developmental period and is associated with impairment of learning and social adjustment or maturation.
Mercantile Law
The law as it relates to merchants and commerce; commercial law.
Merchant
A person engaged in the making, buying or selling of goods or services.
Merchantable Quality
A product which is undamaged and usable and of sufficient quality to merit purchase at the requested price by a reasonable buyer.
Merger
The absorption of one thing or legal right into another.
Mesne Profits
Profits from land while it has been improperly held; damages for trespass.
Mestizo
A descendant from European and aboriginal parents.
Metis
A term of Canadian aboriginal law referring to an individual with mixed white and Indian blood.
Michaelmas Term
The last, fourth of four English court terms during the calendar year.
Micro Board
A non-profit corporation, usually of family members and friends of a person with a disability, to support that person.
Middle East
An informal term referring, generally, to that geographical area, and states therein, between the Black Sea to the north and the Arabian Sea to the south, and including Iran and Egypt.
Middle Temple
One of four Inns of the Court, self-regulating associations of barristers in England and Wales.
Minimum Wage
The lowest allowable rate of pay as established by statute.
Minor
A young person not yet of the age of majority.
Minutes
The official written record of a meeting.
Minutes of Settlement
A formal record of a contract which settles one or more live issues before a Court.
Miranda Warning
A requirement that police officers, in the U.S.A., before any questioning is so begun, 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.
Miscarriage of Justice
A substantial wrong which occurs during a trial which so infects the proceedings as to merit quashing the result on appeal.
Miscegenation
Interracial cohabitation or marriage.
Misdemeanor
(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year.
Misfeasance
Improperly doing something which a person has the legal right to do.
Mis-joinder
When a person has been named as a party to a law suit when that person should not have been added.
Misleading Advertising
Materially false or misleading representations concerning a product or service.
Misprision
Offence in aid of the most seriously punished crimes in the ancient common law of England.
Misrepresentation
A false and material statement which induces a party to enter into a contract.
Mistake
A fundamental error going to the root of a purported contract.
Mistrial
A partial or complete trial which is found to be null and void and of no effect because of some irregularity.
Mitigating Circumstances
Facts that, while not negating a wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did.
Mitigation of Damages
The obligation upon a person who sues another for damages, to minimize - mitigate - those damages, as far as reasonable.
Mixed Blood
Persons of half, or more or less than half, Indian blood.
MMPI - Minnesota Multiphasic Personality Inventory
An objective personality test designed to detect a number of major patterns of personality and emotional disorder.
M'Naghten Rules
A defence to criminal law liability developed in England; if, at the time of the offence, the accused had a disease of the mind such that he was unable to know that his act was wrong.
Mobilia Sequuntur Personam, Immobilia Situa
Latin: movables follow the person, immovables their locality.
Page1 (M - Me) | Page2 (Me - Mo) | Page3 (Mo - My)

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