All terms

Legal Terms: M

Magistrate

courts

A judicial officer with limited authority, often handling preliminary criminal proceedings, minor offenses, and pretrial matters.

Related:judgejustice

Malfeasance

general

Wrongful conduct or illegal activity, especially by a public official.

Malpractice

tort

Professional negligence — the failure of a professional (doctor, lawyer, accountant) to meet the standard of care, resulting in harm to the client or patient.

Mandamus

civil procedure

A court order compelling a government official or entity to perform a mandatory duty.

Mandate

civil procedure

An official order or command from a court, especially an appellate court directing a lower court to take specific action.

Related:remandappeal

Manslaughter

criminal

The unlawful killing of a person without premeditation or malice aforethought. Can be voluntary (in the heat of passion) or involuntary (through criminal negligence).

Marital Property

family

Property acquired during a marriage that is subject to division upon divorce, as opposed to separate property.

Material Witness

evidence

A witness whose testimony is important enough to a case that they may be detained to ensure their availability.

Mediation

civil procedure

A form of alternative dispute resolution where a neutral third party facilitates negotiation between the parties to help them reach a voluntary agreement.

Mens Rea

criminal

Latin for 'guilty mind.' The mental state or intent required to establish criminal liability, such as intent, knowledge, recklessness, or negligence.

Mens Rea Requirement

criminal

The principle that most crimes require proof of a guilty mental state, such as intent, knowledge, recklessness, or negligence.

Merger

business

The combination of two or more companies into a single entity. In contract law, the integration of prior agreements into a final written contract.

Minimum Contacts

courts

The constitutional requirement that a defendant must have sufficient connections with a forum state before the state's courts can exercise personal jurisdiction.

Minor

family

A person who has not yet reached the age of legal majority (typically 18) and lacks full legal capacity.

Miranda Rights

criminal

The rights that law enforcement must inform a suspect of upon arrest and before custodial interrogation, including the right to remain silent and the right to an attorney.

Misdemeanor

criminal

A criminal offense less serious than a felony, typically punishable by fines, probation, or imprisonment for up to one year.

Misprision

criminal

The crime of concealing knowledge of a felony or an act of treason from authorities.

Misrepresentation

contracts

A false statement of material fact made to induce another party to enter into a contract or transaction.

Mistrial

criminal

A trial that has been terminated before its conclusion due to a procedural error, hung jury, or other extraordinary circumstance.

Mitigation

general

The duty of an injured party to take reasonable steps to minimize their damages. Also, factors presented at sentencing to argue for a lighter punishment.

Monopoly

business

Exclusive control of a market by a single entity, which may violate federal antitrust laws if achieved through anticompetitive practices.

Moot

civil procedure

A legal issue that has become academic or no longer presents a live controversy, making judicial resolution unnecessary.

Moral Turpitude

criminal

An act or behavior that violates community standards of justice, honesty, or good morals. Crimes involving moral turpitude can affect immigration status.

Mortgage

property

A loan secured by real property, where the borrower grants the lender a security interest in the property until the loan is repaid.

Motion

civil procedure

A formal request made to a court asking for a ruling or order on a specific issue.

Related:briefhearing

Motion to Dismiss

civil procedure

A motion asking the court to dismiss a case for legal insufficiency, such as failure to state a claim or lack of jurisdiction.

Murder

criminal

The unlawful killing of a person with malice aforethought (premeditation and deliberation). First-degree murder involves planning; second-degree murder does not.