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M
Legal definitions for terms and concepts beginning with M

Mailbox Rule
A contract law exception that makes a mailed acceptance of an offer valid as of posting.
Expanded Legal Definition of Mailbox Rule
Mainprize
The taking of a person into friendly custody.
Expanded Legal Definition of Mainprize
Maintenance
The obligation of one person to contribute, in part or in whole, to the cost of living of another person.
Expanded Legal Definition of Maintenance
Maladministration
Abuse of power by public officers.
Expanded Legal Definition of Maladministration
Mala Fides
Latin: bad faith.
Expanded Legal Definition of Mala Fides
Malfeasance
Doing something which is illegal.
Expanded Legal Definition of Malfeasance
Malice
Spite or ill-will.
Expanded Legal Definition of Malice
Malicious Prosecution
An intentional tort which redresses losses flowing from an unjustified prosecution.
Expanded Legal Definition of Malicious Prosecution
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.
Expanded Legal Definition of Mandamus
Mandate Rule
An inferior court has no power or authority to deviate from the mandate issued by an appellate court.
Expanded Legal Definition of Mandate Rule
Mania
An abnormally elevated mood state.
Expanded Legal Definition of Mania
Manifest Abuse of Discretion
An American standard of judicial review: discretion exercised improvidently or thoughtlessly and without due consideration.
Expanded Legal Definition of Manifest Abuse of Discretion
Manslaughter
Unlawful killing of a human being without malice.
Expanded Legal Definition of Manslaughter
Mansuetae Naturae
Latin: animals which are now generally domestic, presumed gentle and readily tamed, such as dogs, cats, cows and horses.
Expanded Legal Definition of Mansuetae Naturae
Mareva Injunction
A temporary injunction that freezes the assets of a party pending further order or final resolution by the Court.
Expanded Legal Definition of Mareva Injunction
Marital Property
Property acquired by either of two spouses while they are married together.
Expanded Legal Definition of Marital Property
Maritime Law
A specialized body of law particular to transportation by water.
Expanded Legal Definition of Maritime Law
Maritime Lien
A lien which attaches to a ship and its cargo.
Expanded Legal Definition of Maritime Lien
MARPOL 73/78
Acronym for the international treaty for the prevention of pollution from ships, 1973, as modified in 1978.
Expanded Legal Definition of MARPOL 73/78
Marriage
The voluntary union for life of one man and one woman to the exclusion of all others.
Expanded Legal Definition of Marriage
Marriage Agreement
An agreement between two persons in anticipation of or during the marriage, and in regards to rights and responsibilities as they may flow from the relationship.
Expanded Legal Definition of Marriage Agreement
Marriage Brokerage Contract
A contract of introduction to unwed persons, payment due and payable upon marriage.
Expanded Legal Definition of Marriage Brokerage Contract
Marriage Contract
A contract between prospective husband and wife, or during the marriage, and which settles in whole or in part, their respective rights and obligations as regards the marriage.
Expanded Legal Definition of Marriage Contract
Marriage of Convenience
A marriage entered into not for love and mutual affection but in order to facilitate immigration.
Expanded Legal Definition of Marriage of Convenience
Marshalling
If a creditor has access to two sources of payment, he shall take his payment out of that fund upon which another creditor has no access or lien.
Expanded Legal Definition of Marshalling
Martial Law
The suspension of regular government and habeas corpus or the reliance of military law enforcement.
Expanded Legal Definition of Martial Law
Mary Carter Agreement
Where some defendants settle with a plaintiff a term of which is a loan by the settling defendant to the plaintiff, to be repaid by any monies recovered from the remaining defendant(s).
Expanded Legal Definition of Mary Carter Agreement
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.
Expanded Legal Definition of Massachusetts Trust
Master
A partly-empowered superior-level court judge, used mostly for interlocutory and procedural civil hearings.
Expanded Legal Definition of Master
Material Reciprocity
A format of international agreements wherein a host state agrees to extend to foreign nationals the same legal rights that the foreign government extends to its own citizens inside its state.
Expanded Legal Definition of Material Reciprocity
Matrimonial
Of or relating to the state of being married; of marriage.
Expanded Legal Definition of Matrimonial
Matrimonial Asset
An asset owned by one or both of two persons who are married to one another which, upon the application of one of the spouses to a court, is subject to division between them.
Expanded Legal Definition of Matrimonial Asset
Matrimonial Debt
A debt contracted during a marriage and for which both spouses are equally liable, regardless of who contracted the debt or who is directly liable for it.
Expanded Legal Definition of Matrimonial Debt
Matrimonial Property
Property owned by one or both of two persons who are married to one another which, upon the application of one of the spouses to a court, is subject to division between them.
Expanded Legal Definition of Matrimonial Property
Matrimony
The legal state of being married.
Expanded Legal Definition of Matrimony
Mayhem
Violently depriving another person of a body part to render less effective that person's defence of self.
Expanded Legal Definition of Mayhem
McDonnell Douglas Framework
A preliminary legal requirement to proving employment discrimination: that the adverse employment decision which is complains of was more likely than not motivated by discrimination.
Expanded Legal Definition of McDonnell Douglas Framework
MCMI - Millon Clinical Multiaxial Inventory
A test to assess specific personality characteristics including emotional factors.
Expanded Legal Definition of MCMI - Millon Clinical Multiaxial Inventory
McMorris Evidence
Evidence of past violence by a victim of crime.
Expanded Legal Definition of McMorris Evidence
Means and Manner
The result and performance detail(s) of work.
Expanded Legal Definition of Means and Manner
Mechanic's Lien
A statutory charge on real property arising from labor or material supplied to improve upon it.
Expanded Legal Definition of Mechanic's Lien
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.
Expanded Legal Definition of Med-Arb
Mediation
A neutral facilitator who assists the parties to a dispute in communicating and negotiating a settlement.
Expanded Legal Definition of Mediation
Medical Expert
A witness tendered to offer opinion evidence within the confines of his or her area of medical expertise.
Expanded Legal Definition of Medical Expert
Medical Malpractice
Negligence of a health care professional in the diagnosis, care, and treatment of a patient.
Expanded Legal Definition of Medical Malpractice
Meeting of the Minds
The fact of contracting parties arresting their thoughts on a common set of fundamental terms.
Expanded Legal Definition of Meeting of the Minds
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.
Expanded Legal Definition of Melton's Case
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.
Expanded Legal Definition of Memorandum of Understanding (MOU)
Mens Rea
Latin for guilty mind; guilty knowledge or intention to commit a prohibited act.
Expanded Legal Definition of Mens Rea
Mental Cruelty
Wanton, malicious or unnecessary infliction of pain or suffering upon the feelings or emotions of another.
Expanded Legal Definition of Mental Cruelty
Mental Disorder
A psychiatric disorder; a clinically significant disease, illness or disability of the mind.
Expanded Legal Definition of Mental Disorder
Mentally Ill
A person who is incapable of managing his person or his affairs.
Expanded Legal Definition of Mentally Ill
Mentally Retarded
Subnormal general intellectual functioning which originates during the developmental period and is associated with impairment of learning and social adjustment or maturation.
Expanded Legal Definition of Mentally Retarded
Mercantile Law
The law as it relates to merchants and commerce; commercial law.
Expanded Legal Definition of Mercantile Law
Merger
The absorption of one corporation by another.
Expanded Legal Definition of Merger
Mesne Profits
Profits from land while it has been improperly held.
Expanded Legal Definition of Mesne Profits
Minimum Wage
The lowest allowable rate of pay as established by statute.
Expanded Legal Definition of Minimum Wage
Minor
A young person not yet of the age of majority.
Expanded Legal Definition of Minor
Minutes
The official written record of a meeting.
Expanded Legal Definition of Minutes
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.
Expanded Legal Definition of Miranda Warning
Miscarriage of Justice
A substantial wrong which occurs during a trial which so infects the proceedings as to merit quashing the result on appeal.
Expanded Legal Definition of Miscarriage of Justice
Misdemeanor
(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year.
Expanded Legal Definition of Misdemeanor
Misfeasance
Improperly doing something which a person has the legal right to do.
Expanded Legal Definition of Misfeasance
Mis-joinder
When a person has been named as a party to a law suit when that person should not have been added.
Expanded Legal Definition of Mis-joinder
Misprision
Offence in aid of the most seriously punished crimes in the ancient common law of England.
Expanded Legal Definition of Misprision
Misrepresentation
A false and material statement which induces a party to enter into a contract.
Expanded Legal Definition of Misrepresentation
Mistake
A fundamental error going to the root of a purported contract.
Expanded Legal Definition of Mistake
Mistrial
A partial or complete trial which is found to be null and void and of no effect because of some irregularity.
Expanded Legal Definition of Mistrial
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.
Expanded Legal Definition of Mitigating Circumstances
Mitigation of Damages
A person who sues another for damages has an obligation to minimize - mitigate - those damages, as far as reasonable.
Expanded Legal Definition of Mitigation of Damages
MMPI - Minnesota Multiphasic Personality Inventory
An objective personality test designed to detect a number of major patterns of personality and emotional disorder.
Expanded Legal Definition of MMPI - Minnesota Multiphasic Personality Inventory
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.
Expanded Legal Definition of M'Naghten Rules
Modus Operandi
Latin: method of operation.
Expanded Legal Definition of Modus Operandi
Mohtasib
Muslim law: the investigating and, in some cases, prosecuting office of criminal justice.
Expanded Legal Definition of Mohtasib
Moiety
Half of something. For example, it can be said that joint tenants hold a moiety in property.
Expanded Legal Definition of Moiety
Monarchy
A form of government in which law-making power is given to a single person, usually holding such authority by birthright and not by merit.
Expanded Legal Definition of Monarchy
Money
An item accepted by all as payment for debts or for goods or services.
Expanded Legal Definition of Money
Money Laundering
The conversion or transfer of money obtained by crime for the purposes of frustrating law enforcement.
Expanded Legal Definition of Money Laundering
Monopoly
A commercial advantage enjoyed by only one or a select few companies in which only those companies can trade in a certain area.
Expanded Legal Definition of Monopoly
Mooring
The securing of a vessel to the shore or to the bottom, including by anchor.
Expanded Legal Definition of Mooring
Moot
A matter where the issue raised concerns a hypothetical or abstract question
Expanded Legal Definition of Moot
Moot Court
Fictional or hypothetical trial, usually hosted by law schools, as training for future barristers or litigators.
Expanded Legal Definition of Moot Court
Moratorium
The temporary suspension of legal action against a person.
Expanded Legal Definition of Moratorium
Mortgage
An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action.
Expanded Legal Definition of Mortgage
Mortgagee
The person who extends credit secured by a mortgage; the mortgage lender.
Expanded Legal Definition of Mortgagee
Mortgagor
The person who borrows money secured by conceding a mortgage against his interest in real property.
Expanded Legal Definition of Mortgagor
Mortis Omnia Solvit
Latin: Death puts an end to everything.
Expanded Legal Definition of Mortis Omnia Solvit
Mortmain Statutes
Statutes of ancient English law which prevented the transfer of real property to or from corporations in general, or to or from religious corporations in particular.
Expanded Legal Definition of Mortmain Statutes
Mosaic Law
Ancient law as set out in the first five books of the Bible (Old Testament).
Expanded Legal Definition of Mosaic Law
Motion
A proposal made to a Court or at a meeting and intended to be considered and decided upon.
Expanded Legal Definition of Motion
Motor Vehicle
A self-propelled contrivance designed for the carriage of persons or things.
Expanded Legal Definition of Motor Vehicle
MOU
Abbreviation of Memorandum of Understanding. A document intended to become a contract but which, if meeting other criteria, can be recognized, in law, a contract.
Expanded Legal Definition of MOU
Movable
Civil law: things not attached to land and which may be carried from place to place.
Expanded Legal Definition of Movable
Mujtahid
Muslim law: a scholar of Muslim lawyer; one sufficiently versed in Muslim law.
Expanded Legal Definition of Mujtahid
Multi-level Marketing
A system for selling products in which participants get paid for selling products to other participants who, in turn, are paid for selling the same products to yet more participants.
Expanded Legal Definition of Multi-level Marketing
Murder
Intentional homicide (the taking of another person’s life), without legal justification or provocation.
Expanded Legal Definition of Murder
Muslim
Muslim law: any person who professes as a religion, that there is but one God and that Mohammad is the prophet of that God.
Expanded Legal Definition of Muslim
Muslim Law
The body of law derived from the Koran and other recorded sayings of the Muslim prophet Muhammad (570-632).
Expanded Legal Definition of Muslim Law
Muta
Muslim law: a temporary marriage; for a fixed period.
Expanded Legal Definition of Muta
Mutatis Mutandis
With changes on points of detail.
Expanded Legal Definition of Mutatis Mutandis
Myocardial Infarction
Permanent damage caused to the middle layer, the heart muscle, usually by sudden obstruction of blood flow.
Expanded Legal Definition of Myocardial Infarction
Myocardium
The cardiac muscle at the middle layer of the heart.
Expanded Legal Definition of Myocardium

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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