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Magistrate (See U.S. Magistrate Judge.) Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge. |
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. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter. Held to be the precursor of habeas corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ... except by lawful judgment of his peers or by the law of the land". Click here to see the full text of the Magna Carta. |
Maintenance Refers to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. Maintenance is usually expressed in a currency amount per month as in "$450 a month maintenance." Some countries prefer the words "support" (spousal or child) or "alimony" but they all mean the same thing. |
Malfeasance Doing something which is illegal. Compare with misfeasance and nonfeasance. |
Malicious prosecution An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted. |
Malpractice Any professional misconduct. |
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. |
Manslaughter Accidental homicide or homicide which occurs without an intent to kill, and which does not occur during the commission of another crime or under extreme provocation. |
Maritime law A very specific body of law peculiar to transportation by water, seamen and harbors. |
Marriage The state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Most countries do not recognize marriage between same-sex couples or polygamous marriages. |
Marshal The executive officer of the federal court. |
Martindale-Hubbell Law A publication of several volumes which contains names, addresses, Director specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law. |
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. This is a common way to structure a large real estate purchase. |
Matrimony The legal state of being married. Ecclesiastics talk of the "holy" state of matrimony. |
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. The mediator does not adjudicate the issues in dispute or to force a compromise; only the parties, of their own volition, can shift their position in order to achieve a settlement. The result of a successful mediation is called a "settlement." Compare with arbitration. |