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.)
