Legal Terms: M
Magistrate
courtsA judicial officer with limited authority, often handling preliminary criminal proceedings, minor offenses, and pretrial matters.
Major Crimes Act
tribalA federal statute granting federal courts jurisdiction over certain serious crimes committed by Indians in Indian country.
Malfeasance
generalWrongful conduct or illegal activity, especially by a public official.
Malpractice
tortProfessional 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 procedureA court order compelling a government official or entity to perform a mandatory duty.
Mandate
civil procedureAn official order or command from a court, especially an appellate court directing a lower court to take specific action.
Manslaughter
criminalThe unlawful killing of a person without premeditation or malice aforethought. Can be voluntary (in the heat of passion) or involuntary (through criminal negligence).
Margin
securitiesBorrowed money used to purchase securities, subject to Regulation T and maintenance requirements set by the Federal Reserve and FINRA.
Marital Property
familyProperty acquired during a marriage that is subject to division upon divorce, as opposed to separate property.
Market Manipulation
securitiesArtificial inflation or deflation of a security's price through deceptive trading practices such as wash trading, spoofing, or pump-and-dump schemes.
Markman Hearing
ipA pretrial hearing in patent litigation where the court construes the meaning and scope of disputed patent claim terms.
Material Misrepresentation
securitiesA false statement of fact that is significant enough to influence an investor's decision to buy, sell, or hold a security.
Material Nonpublic Information
securitiesInformation 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
evidenceA witness whose testimony is important enough to a case that they may be detained to ensure their availability.
Maximum Contaminant Level
environmentalThe highest level of a contaminant allowed in drinking water under the Safe Drinking Water Act, enforceable by the EPA.
Means Test
bankruptcyA 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
ipA 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 estateA 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 procedureA form of alternative dispute resolution where a neutral third party facilitates negotiation between the parties to help them reach a voluntary agreement.
Medicaid
healthcareA joint federal-state program providing health insurance coverage to low-income individuals and families, with eligibility and benefits varying by state.
Medical Malpractice
healthcareProfessional negligence by a healthcare provider in which treatment falls below the accepted standard of care and causes injury or death to the patient.
Medicare
healthcareA 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
criminalLatin for 'guilty mind.' The mental state or intent required to establish criminal liability, such as intent, knowledge, recklessness, or negligence.
Mens Rea Requirement
criminalThe principle that most crimes require proof of a guilty mental state, such as intent, knowledge, recklessness, or negligence.
Mental Health Parity
healthcareFederal and state laws requiring health insurers to provide mental health and substance use disorder benefits comparable to medical and surgical benefits.
Merger
businessThe 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
militaryThe 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
militaryA court within each branch of the armed forces that reviews court-martial convictions and sentences for legal errors.
Military Commission
militaryA 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
militaryA federal statute extending U.S. criminal jurisdiction to certain civilians and contractors accompanying the armed forces overseas.
Military Judge
militaryA judge advocate certified to preside over courts-martial, ruling on questions of law, instructing panel members, and imposing sentences.
Military Protective Order
militaryAn 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
militaryRules governing the admissibility of evidence in courts-martial, adapted from the Federal Rules of Evidence with modifications specific to military proceedings.
Minimum Contacts
courtsThe 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
healthcareA 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
familyA person who has not yet reached the age of legal majority (typically 18) and lacks full legal capacity.
Miranda Rights
criminalThe 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
employmentThe incorrect classification of an employee as an independent contractor, potentially depriving the worker of benefits, protections, and proper tax treatment.
Misdemeanor
criminalA criminal offense less serious than a felony, typically punishable by fines, probation, or imprisonment for up to one year.
Misprision
criminalThe crime of concealing knowledge of a felony or an act of treason from authorities.
Misrepresentation
contractsA false statement of material fact made to induce another party to enter into a contract or transaction.
Mistrial
criminalA trial that has been terminated before its conclusion due to a procedural error, hung jury, or other extraordinary circumstance.
Mitigation
generalThe 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
businessExclusive control of a market by a single entity, which may violate federal antitrust laws if achieved through anticompetitive practices.
Moot
civil procedureA legal issue that has become academic or no longer presents a live controversy, making judicial resolution unnecessary.
Moral Turpitude
criminalAn act or behavior that violates community standards of justice, honesty, or good morals. Crimes involving moral turpitude can affect immigration status.
Mortgage
propertyA loan secured by real property, where the borrower grants the lender a security interest in the property until the loan is repaid.
Mortgage
real estateA legal instrument giving a lender a security interest in real property as collateral for a loan, with the borrower retaining possession.
Motion
civil procedureA formal request made to a court asking for a ruling or order on a specific issue.
Motion to Dismiss
civil procedureA motion asking the court to dismiss a case for legal insufficiency, such as failure to state a claim or lack of jurisdiction.
Murder
criminalThe unlawful killing of a person with malice aforethought (premeditation and deliberation). First-degree murder involves planning; second-degree murder does not.