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.)
