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- 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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