Legal Glossary
- --MEDIATION
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Process of trying to settle dispute without the court, but facilitated by a neutral intermediary
- MAILBOX RULE
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Contract becomes binding when acceptance is mailed
- MAJORITY OPINION
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A written opinion which reflects the view of a majority of judges in a case
- MALFEASANCE
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Unlawful conduct which interferes with fulfillment of a duty
- MALICE
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Intent to harm another or willful and wanton disregard that harm will likely result
- MALICE AFORETHOUGHT
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Malice without mitigating circumstances; need not be directed toward a particular person harmed; compare to premeditation
- MALPRACTICE
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Improper conduct of professional who has a fiduciary relationship
- MALUM IN SE
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Evil conduct of moral turpitude
- MALUM PROHIBITUM
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Illegal or prohibited conduct not of moral turpitude
- MANDAMUS
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Command from court to an official person to perform an act of which is an absolute duty
- MANDATE
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e.g. when an appellate court communicates a command to lower court
- MASTER AND SERVANT
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Relationship between employer and employee stems from an express or implied employment contract; compare to AGENT; see also RESPONDEAT SUPERIOR
- MATERIAL
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Pertinent or necessary; in contract law a material breach excuses contract performance for which an injured party can sue
- MATERIAL ALTERATION
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Changes to a document that amends its legal purpose or implication
- MATERIAL ISSUE
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Situation of legal significance
- MATTER
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Fact or subject of litigation
- MEETING OF THE MINDS
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Agreed upon terms to a contract by all parties; not contradictory to legally enforce
- MENS REA
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Guilty state of mind; often a required element to prove a crime occurred
- MERCHANT
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Business person routinely selling goods of a particular kind or holding self out to have special skills or knowledge of a business
- MINORITY
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A person less than legal age
- MISFEASANCE
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Act that could be lawfully performed, but was done wrong or caused harm
- MISTAKE
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Ignorance or misunderstanding which causes a result which would otherwise not occur with proper knowledge
- MISTAKE OF FACT
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Incorrect perception of facts or circumstances
- MISTAKE OF LAW
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Ignorance of law or its consequences
- MISTRIAL
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Declaration by judge that trial is void because of extreme circumstances; no judgment is rendered
- MITIGATING CIRCUMSTANCES
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Particular conditions of fact which lessen punishment or damages
- MORAL TURPITUDE
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Level of dishonesty which is unacceptable in society
- MOTION
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Oral or written request to the court for an intermediary decision or action or relief in a pending court proceeding
- MOVANT
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Party making a motion
- MOVE
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Making a motion
- MPERTINENT MATTER
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Facts not relevant to the issue; see also IMMATERIAL
- MUNICIPAL CORPORATIONS
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An incorporated government district with legislative powers (e.g. towns, cities, villages)
- MUNICIPAL COURT
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Local court hearing cases of violations of local ordinances
- MUNICIPAL ORDINANCE
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Local-made law
- MUTUAL MISTAKE
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All parties mistake on the same issue which did not reflect the intended agreement
Synonyms: BILATERAL MISTAKE