Glossary of US Legal Terms M-P

M

Magistrate judge: A federal judicial officer who assists district judges with pretrial matters, motions, and other specified duties. Magistrate judges are appointed by district judges and serve eight-year terms. They conduct initial appearances, issue warrants, hear discovery disputes, and may preside over civil trials with the parties’ consent.

Malfeasance: The commission of an unlawful act by a public official. Malfeasance is more serious than nonfeasance (failure to act) or misfeasance (improper performance). Public officials may be removed or criminally prosecuted for malfeasance in office.

Malice: The intentional commission of a wrongful act without justification or excuse. In tort law, malice may support punitive damages. In criminal law, malice aforethought is an element of murder, requiring intent to kill or cause serious bodily harm.

Malpractice: Professional negligence or misconduct by a professional, such as a doctor, lawyer, or accountant. To prove malpractice, the plaintiff must establish the professional standard of care, breach of that standard, causation, and damages. Expert testimony is usually required to establish the standard.

Mandamus: A court order commanding a government official to perform a nondiscretionary duty. The writ of mandamus is an extraordinary remedy available only when the petitioner has a clear legal right to the relief and no adequate alternative remedy exists.

Mandatory sentencing: Statutory requirements imposing minimum prison terms for certain offenses, limiting judicial discretion. Mandatory minimum sentences have been criticized for contributing to mass incarceration and racial disparities. The Supreme Court has upheld mandatory minimums against constitutional challenges.

Manslaughter: Unlawful killing without premeditation or malice aforethought. Voluntary manslaughter involves intentional killing in the heat of passion with adequate provocation. Involuntary manslaughter involves unintentional killing through recklessness or criminal negligence.

Mens rea: A Latin term meaning “guilty mind,” the mental state required for criminal liability. The Model Penal Code recognizes four mental states: purpose, knowledge, recklessness, and negligence. The prosecution must prove the required mens rea for each element of the offense.

Miranda rights: The constitutional warnings required before custodial interrogation: the right to remain silent, the right to counsel, and the warning that statements may be used against the suspect. Miranda warnings are required by Miranda v. Arizona (1966) to protect the Fifth Amendment privilege against self-incrimination.

Misdemeanor: A criminal offense less serious than a felony, typically punishable by up to one year in jail. Misdemeanors include petty theft, simple assault, disorderly conduct, and minor drug offenses. Defendants charged with misdemeanors have the same constitutional rights as felony defendants, though the right to jury trial may not apply to petty offenses.

Mistrial: A trial terminated before verdict due to fundamental error, jury deadlock, or other prejudicial circumstances. A mistrial may be declared on the court’s own motion or on a party’s motion. The Double Jeopardy Clause does not bar retrial after a mistrial declared for manifest necessity.

Mitigation: Evidence or arguments offered to reduce the severity of punishment or damages. In criminal sentencing, mitigating factors may include lack of criminal history, remorse, or mental impairment. In contract law, the duty to mitigate requires the non-breaching party to take reasonable steps to minimize damages.

Mootness: The doctrine barring adjudication of cases where the controversy has been resolved or no longer exists. Mootness arises from Article III’s case or controversy requirement. Exceptions include issues capable of repetition yet evading review and voluntary cessation of challenged conduct.

Motion: A party’s request to the court for a specific ruling or order. Motions may be written or oral and must state the grounds and relief sought. Common motions include motions to dismiss, motions for summary judgment, and motions in limine.

Motion for summary judgment: A request that the court enter judgment without trial because there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure.

Motion in limine: A pretrial request that certain evidence be excluded at trial. Motions in limine allow the court to determine evidentiary issues before trial, avoiding prejudice and delay. Rulings on motions in limine are preliminary and may be revisited.

Murder: Unlawful killing with malice aforethought. First-degree murder requires premeditation and deliberation or certain felony murder circumstances. Second-degree murder is intentional killing without premeditation, or killing with depraved indifference to human life.

N

Natural law: A theory that certain rights and principles are inherent in human nature and not dependent on government enactment. Natural law theory influenced the Declaration of Independence and the Constitution. Modern natural law theorists argue that positive law must conform to higher moral principles.

Negligence: The failure to exercise reasonable care, resulting in injury to another. The elements of negligence are duty, breach, causation, and damages. The reasonable person standard measures whether the defendant’s conduct fell below the applicable standard of care.

Negotiable instrument: A signed document promising payment of a specific sum to order or bearer, such as a check or promissory note. Negotiable instruments are governed by Article 3 of the Uniform Commercial Code. The holder in due course takes the instrument free of most defenses.

Nolo contendere: A Latin term meaning “I do not contest,” a plea in criminal cases that neither admits nor denies guilt but accepts punishment. Nolo pleas cannot be used as evidence of liability in subsequent civil proceedings. The court must approve the plea.

Nonfeasance: The failure to perform a required duty. Nonfeasance is distinguished from misfeasance (improper performance) and malfeasance (unlawful acts). In tort law, nonfeasance gives rise to liability when there is a duty to act.

Notary public: A person authorized to witness signatures, administer oaths, and certify documents. Notaries verify the identity of signatories and ensure documents are executed voluntarily. Notarization does not guarantee the truth of the document’s contents.

Notice: Information or warning given to a person about legal proceedings affecting their rights. Due process requires adequate notice as a prerequisite to the exercise of jurisdiction. Notice must be reasonably calculated to inform interested parties.

Novation: The substitution of a new contract or party for an existing one, with the consent of all parties. Novation extinguishes the original obligation and creates a new one. The essential element is the agreement of all parties to the substitution.

Nuisance: An activity or condition that substantially interferes with another’s use and enjoyment of property. Private nuisance affects an individual’s property rights, while public nuisance interferes with rights common to the public. Remedies include damages and injunctive relief.

Nullity: A void legal act, having no legal effect. A marriage may be declared a nullity if it was void from the beginning. Contracts that violate public policy may be nullities.

O

Objection: A formal challenge to the admission of evidence or the propriety of a question or procedure at trial. The objecting party must state the specific ground for the objection. Failure to object may waive the issue on appeal.

Obiter dictum: A Latin term meaning “said by the way,” a non-binding statement in a judicial opinion not essential to the holding. Dicta are persuasive but not precedential. Courts distinguish holdings from dicta when applying stare decisis.

Obstruction of justice: The crime of interfering with the administration of justice, such as destroying evidence or influencing witnesses. Obstruction charges may arise from conduct that impedes investigations or judicial proceedings. Penalties include fines and imprisonment.

Offer: A proposal to enter into a contract, requiring acceptance to form a binding agreement. An offer must communicate a willingness to be bound on specified terms and create a reasonable expectation of acceptance. An offer may be revoked before acceptance.

Opinion: A court’s written explanation of the legal reasoning supporting its decision. Majority opinions are binding precedent, while concurring and dissenting opinions express individual views. Per curiam opinions are unsigned opinions of the court.

Order: A court’s directive, which may be interlocutory or final. Orders include scheduling orders, protective orders, and judgment orders. Parties must comply with court orders and may be sanctioned for noncompliance.

Original jurisdiction: The authority of a court to hear a case in the first instance, rather than on appeal. The Supreme Court has original jurisdiction over disputes between states. Trial courts have original jurisdiction in most cases.

Overrule: A court’s decision to reject a prior precedent or to sustain an objection at trial. Overruling precedent is reserved for cases where the prior decision is clearly erroneous or has become unworkable. The doctrine of stare decisis generally requires adherence to precedent.

P

Panel: A group of judges selected to hear an appellate case, typically three in federal courts of appeals. Panel decisions are binding within the circuit unless overruled by the en banc court or the Supreme Court. The panel is randomly selected.

Paralegal: A non-lawyer trained to assist attorneys in legal work under their supervision. Paralegals may conduct research, draft documents, and interview clients but may not provide legal advice or represent clients. The paralegal’s work is billed at a lower rate.

Pardon: Executive forgiveness for a crime, setting aside punishment. The President may pardon federal offenses under Article II. Pardons do not expunge the conviction but restore certain civil rights.

Parol evidence rule: The evidentiary rule barring evidence of prior or contemporaneous oral agreements that contradict a written contract. The rule promotes the finality and reliability of written agreements. Exceptions include ambiguity, fraud, and incomplete agreements.

Parole: The supervised release of a prisoner before the end of the prison term. Parole is conditional and may be revoked for violations. The parole board makes release and revocation decisions.

Party: A person or entity participating in a lawsuit, including plaintiffs, defendants, petitioners, and respondents. Parties must have standing to sue. The rights and obligations of parties are determined by the judgment.

Per curiam: A Latin term meaning “by the court,” used for unanimous appellate opinions not attributed to a specific judge. Per curiam opinions are typically used for less controversial cases. They carry the same precedential authority as signed opinions.

Peremptory challenge: A party’s right to reject a potential juror without stating a reason, subject to constitutional limits. Peremptory challenges may not be exercised on the basis of race or gender. The number of peremptory challenges varies by jurisdiction.

Perjury: The crime of lying under oath in a legal proceeding. Perjury requires a false statement made knowingly and with intent to mislead. Penalties include fines and imprisonment.

Personal jurisdiction: The court’s power over the parties in a lawsuit. Personal jurisdiction requires minimum contacts with the forum state such that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.

Petition: A formal written request to a court or other authority. Petitions initiate certain proceedings in appellate courts. The petition for certiorari requests Supreme Court review.

Plaintiff: The party who initiates a civil lawsuit. The plaintiff bears the burden of proof and must establish the elements of the claim. The complaint states the plaintiff’s allegations and demand for relief.

Plea: A criminal defendant’s formal response to charges, typically guilty, not guilty, or nolo contendere. The plea must be knowing, intelligent, and voluntary. The court must determine there is a factual basis for a guilty plea.

Plea bargain: An agreement between prosecutor and defendant in which the defendant pleads guilty in exchange for concessions. Plea agreements may include charge reductions, sentence recommendations, or dismissal of counts. Most criminal cases resolve through plea bargaining.

Pleading: A formal written statement of a party’s claims or defenses. Pleadings include the complaint, answer, and counterclaims. The Federal Rules of Civil Procedure require a short and plain statement of the claim.

Police power: The inherent authority of states to regulate for health, safety, welfare, and morals. Police powers are reserved to the states under the Tenth Amendment. The scope of police powers is broad and includes zoning, licensing, and public health regulation.

Polling the jury: The process of asking each juror individually whether they concur with the verdict. Polling confirms that the verdict is unanimous and that each juror assents. Either party may request that the jury be polled.

Power of attorney: A document authorizing another person to act on one’s behalf in legal matters. Powers of attorney may be general or specific, durable or non-durable. A durable power of attorney remains effective after the principal becomes incapacitated.

Precedent: A court decision that serves as authority for deciding subsequent cases with similar facts. The doctrine of stare decisis requires courts to follow precedents. Precedent promotes consistency, predictability, and fairness.

Prejudicial error: A trial error that likely affected the outcome, requiring reversal on appeal. Prejudicial errors are distinguished from harmless errors. The reviewing court must determine whether the error influenced the verdict.

Preliminary hearing: A pretrial hearing to determine whether probable cause exists to hold a criminal defendant for trial. The defendant has the right to counsel and to cross-examine witnesses. The probable cause standard is lower than proof beyond a reasonable doubt.

Preponderance of evidence: The standard of proof in most civil cases, requiring that a fact be more likely true than not. This is the lowest standard of proof and requires 50% plus one. The burden of proof is on the party asserting the claim.

Presumption: A legal inference that a fact is true based on proof of another fact. Rebuttable presumptions may be overcome by contrary evidence. Irrebuttable presumptions are conclusive rules of law.

Prima facie: A Latin term meaning “at first sight,” referring to evidence sufficient to establish a fact or case unless rebutted. A prima facie case requires production of sufficient evidence to support a verdict. The burden then shifts to the opposing party.

Privilege: A legal right or immunity protecting certain communications from compelled disclosure. Privileges include attorney-client, doctor-patient, spousal, and clergy-penitent. Privileges encourage open communication in protected relationships.

Probable cause: Reasonable grounds to believe a crime has been committed or evidence will be found in a particular place. Probable cause is required for warrants, arrests, and certain searches. The standard is objective based on the totality of circumstances.

Probate: The court-supervised process of administering a deceased person’s estate. Probate includes proving the will, appointing a personal representative, collecting assets, paying debts, and distributing property. Some assets pass outside probate through trusts or beneficiary designations.

Pro bono: Legal services provided free of charge for the public good. The American Bar Association encourages lawyers to provide at least 50 hours of pro bono service annually. Pro bono work helps ensure access to justice for those unable to afford counsel.

Pro se: A Latin term meaning “for oneself,” referring to a person representing themselves without an attorney. Pro se litigants are held to the same procedural rules as attorneys. Courts often construe pro se filings liberally but cannot provide legal assistance.

Promise: A declaration to do or not do something, which may be enforceable as a contract if supported by consideration. Promises are essential elements of contracts. A promise gives the promisee a reasonable expectation of performance.

Promissory note: A written promise to pay a specific sum of money on demand or at a definite time. Promissory notes are negotiable instruments under Article 3 of the Uniform Commercial Code. The maker is obligated to pay the payee or holder.

Prosecutor: An attorney representing the government in criminal cases. Prosecutors have broad discretion over charging decisions and plea negotiations. They owe a duty to seek justice rather than merely obtain convictions.

Proximate cause: The primary cause of an injury, the cause that is legally sufficient to hold a defendant liable. Proximate cause limits liability to foreseeable consequences. The test is whether the harm was a reasonably foreseeable result of the defendant’s conduct.

Punitive damages: Damages awarded to punish a defendant and deter similar misconduct, beyond compensatory damages. Punitive damages require proof of malice, fraud, or gross negligence. They are subject to due process limits on proportionality.