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M

Legal definitions for terms and concepts beginning with M
Magna Carta
Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King’s powers. - (see definition)
Mailbox Rule
A contract law exception that makes a mailed acceptance of an offer valid as of posting. - (see definition)
Maintenance
Refers to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. - (see definition)
Malfeasance
Doing something which is illegal. Compare with misfeasance and nonfeasance. - (see definition)
Malice
Spite or ill-will. - (see definition)
Malicious Prosecution
A tort which compensates a person for the malicious, unfounded and unsuccesful institution of criminal or disciplinary proceedings. - (see definition)
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. - (see definition)
Manslaughter
Unlawful killing of a human being without malice. - (see definition)
Mareva Injunction
A temporary injunction that freezes the assets of a party pending further order or final resolution by the Court. - (see definition)
Maritime law
A very specific body of law peculiar to transportation by water, seamen and harbors. - (see definition)
Marriage
The voluntary union for life of one man and one woman to the exclusion of all others. - (see definition)
Martial Law
The suspension of regular government and habeas corpus or the reliance of military law enforcement. - (see definition)
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). - (see definition)
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. - (see definition)
Matrimonial
Of or relating to the state of being married; of marriage. - (see definition)
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. - (see definition)
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. - (see definition)
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. - (see definition)
Matrimony
The legal state of being married. - (see definition)
Mediation
The most popular form of alternative dispute resolution (ADR), mediation involves the appointment of a mediator who acts as a facilitator assisting the parties in communicating, essentially negotiating a settlement. - (see definition)
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. - (see definition)
Mens rea
Mens rea: Latin for guilty mind; guilty knowledge or intention to commit a prohibited act. - (see definition)
Minor
A person who is legally underage. It varies between 21 and 18 years of age. - (see definition)
Minutes
The official record of a meeting. - (see definition)
Miranda warning
Also known as the Miranda Rule, this is the name given to the requirement that police officers, in the U.S.A., must 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 before any questioning is so desired. - (see definition)
Misdemeanor
(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year. - (see definition)
Misfeasance
Improperly doing something which a person has the legal right to do. Compare with malfeasance and nonfeasance. - (see definition)
Mis-joinder
When a person has been named as a party to a law suit when that person should not have been added. - (see definition)
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. - (see definition)
Mistrial
A partial or complete trial which is found to be null and void and of no effect because of some irregularity. - (see definition)
Mitigating circumstances
These are facts that, while not negating an offence or wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did. - (see definition)
Mitigation of damages
A person who sues another for damages has a responsibility to minimize those damages, as far as reasonable. - (see definition)
M'Naghten Rules
A defence to criminal law liability developed in England in 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. - (see definition)
Modus operandi
Latin: method of operation. Used by law enforcement officials to refer to a criminal's preferred method of committing crime. - (see definition)
Moiety
Half of something. For example, it can be said that joint tenants hold a moiety in property. - (see definition)
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. - (see definition)
Money
An item accepted by all as payment for debts or for goods or services. - (see definition)
Monopoly
A commercial advantage enjoyed by only one or a select few companies in which only those companies can trade in a certain area. - (see definition)
Moot
a side issue, problem or question which does not have to be decided to resolve the main issues in a dispute. also called a moot point - (see definition)
Moot court
Fictional or hypothetical trial, usually hosted by law schools, as training for future barristers or litigators. - (see definition)
Moratorium
The temporary suspension of legal action against a person. - (see definition)
Mortgage
An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action. - (see definition)
Mortgagee
The person who extends credit secured by a mortgage; the mortgage lender. - (see definition)
Mortgagor
The person who borrows money secured by conceding a mortgage against his interest in real property. - (see definition)
Motion
A proposal made to a Court or at a meeting and intended to be considered and decided upon. - (see definition)
MOU
Abbreviation fo Memorandum of Understanding. A document which, if meeting the other criteria, can be, in law, a contract. - (see definition)
Movable
Civil law: things not attached to land and which may be carried from place to place. - (see definition)
Murder
Intentional homicide (the taking of another person’s life), without legal justification or provocation. - (see definition)

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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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