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

Major Crimes Act

tribal

A federal statute granting federal courts jurisdiction over certain serious crimes committed by Indians in Indian country.

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).

Margin

securities

Borrowed money used to purchase securities, subject to Regulation T and maintenance requirements set by the Federal Reserve and FINRA.

Marital Property

family

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

Market Manipulation

securities

Artificial inflation or deflation of a security's price through deceptive trading practices such as wash trading, spoofing, or pump-and-dump schemes.

Markman Hearing

ip

A pretrial hearing in patent litigation where the court construes the meaning and scope of disputed patent claim terms.

Material Misrepresentation

securities

A false statement of fact that is significant enough to influence an investor's decision to buy, sell, or hold a security.

Material Nonpublic Information

securities

Information about a company that has not been made available to the general public and would likely affect the company's stock price if disclosed.

Material Witness

evidence

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

Maximum Contaminant Level

environmental

The highest level of a contaminant allowed in drinking water under the Safe Drinking Water Act, enforceable by the EPA.

Means Test

bankruptcy

A formula used in Chapter 7 bankruptcy to determine whether a debtor's income is low enough to file for Chapter 7 or whether they must file under Chapter 13.

Means-Plus-Function Claim

ip

A patent claim element described by the function it performs rather than the specific structure, interpreted to cover the corresponding structure disclosed in the specification and its equivalents.

Mechanic's Lien

real estate

A statutory lien placed on real property by a contractor, subcontractor, or material supplier who has not been paid for work performed or materials furnished.

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.

Medicaid

healthcare

A joint federal-state program providing health insurance coverage to low-income individuals and families, with eligibility and benefits varying by state.

Medical Malpractice

healthcare

Professional negligence by a healthcare provider in which treatment falls below the accepted standard of care and causes injury or death to the patient.

Medicare

healthcare

A federal health insurance program primarily for individuals aged 65 and older, consisting of Part A (hospital), Part B (medical), Part C (Medicare Advantage), and Part D (prescription drugs).

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.

Mental Health Parity

healthcare

Federal and state laws requiring health insurers to provide mental health and substance use disorder benefits comparable to medical and surgical benefits.

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.

Military Administrative Separation

military

The process of discharging a service member from the military outside of the court-martial system, for reasons such as misconduct, performance deficiencies, or medical conditions.

Military Appellate Court

military

A court within each branch of the armed forces that reviews court-martial convictions and sentences for legal errors.

Military Commission

military

A tribunal convened to try individuals for violations of the law of war and related offenses, distinct from courts-martial that try service members.

Military Extraterritorial Jurisdiction Act

military

A federal statute extending U.S. criminal jurisdiction to certain civilians and contractors accompanying the armed forces overseas.

Military Judge

military

A judge advocate certified to preside over courts-martial, ruling on questions of law, instructing panel members, and imposing sentences.

Military Protective Order

military

An order issued by a military commander directing a service member to refrain from contact with a specified person, similar to a civilian restraining order.

Military Rule of Evidence

military

Rules governing the admissibility of evidence in courts-martial, adapted from the Federal Rules of Evidence with modifications specific to military proceedings.

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.

Minimum Necessary Standard

healthcare

A HIPAA requirement that covered entities limit the use, disclosure, and request of protected health information to the minimum amount needed to accomplish the intended purpose.

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.

Misclassification

employment

The incorrect classification of an employee as an independent contractor, potentially depriving the worker of benefits, protections, and proper tax treatment.

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.

Mortgage

real estate

A legal instrument giving a lender a security interest in real property as collateral for a loan, with the borrower retaining possession.

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.