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Glossary of Personal Injury Law Terms

There are 1274 entries in this glossary.
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Term Definition
Magistrate

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 King John of England was forced to subscribe on June 12, 1215, in which basic limits were set on the King's powers. King John had ruled tyrannically and his barons rebelled, committing themselves to war with the crown unless the King agreed to the Charter. It is held to be the precursor of habeas corpus, among other things, for 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".

Maintenance

Referring to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. It is usually expressed in a currency amount per month as in "$450 a month maintenance." Some countries use the words "support" (spousal or child) or "alimony".

Malfeasance

Commission of a wrongful act; evil doing; wrongful conduct.

Malicious Prosecution

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Mandamus

A writ issued by a court ordering a public official to perform an act.

Manslaughter

The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). See also murder.

Maritime law

A very specific body of law dealing with 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 polygamous marriages, but marriage between same-sex couples is becoming increasingly recognized.

Massachusetts trust

A unique way to organize a business in which 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.

Material Fact

Generally, a fact essential to a case or a defense without which said case or defense could not be supported.

Matrimony

The legal state of being married. Clerics refer to the "holy" estate of matrimony.

Maximal medical improvement (MMI)

Once it is unlikely that your condition will change or improve with or without further medical treatment, an MMI is determined. Once you reach MMI, a doctor can assess a permanent disability rating.

Maximum Earnings

The maximum earnings counted for any calendar year when computing your Social Security benefit.

Mediation

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Medical Incident

Any act, error or omission during the providing of professional services.

Medical lien

The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.

Medical Malpractice

Broadly, a claim brought against a health-care professional based on professional negligence wherein the health-care professional violates the applicable standard of care and an injury results.

Medical Negligence

Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do.

Medical treatment

Treatment required to cure or relieve the effects of an injury or illness.

Medical-legal report

A report written by a doctor that describes your medical condition. These reports are written to help clarify disputed medical issues.

Mellaril

An antipsychotic drug for schizophrenics. Mellaril has been associated with causing cardiac arrhythmias and sudden death.

Member

In relation to health care, a member is a person who belongs to a health care plan, like an HMO

Memorialized

In writing.

Mens Rea

The ´guilty mind´ necessary to establish criminal responsibility.

Mental Anguish

Mental suffering. In some cases, damages may be awarded for mental anguish even though no physical injury is present.

Meridia

A prescription diet drug containing Sibutramine. Sibutramine has been associated adverse cardiovascular effects and, in some instances, death.

Mesothelioma

A type of cancer found in people who have been exposed to asbestos. Mesothelioma can occur in the lining of the lungs or abdomen, and it has no known cure.

Minor

A person who is legally underage, varying between 21 and 18 years of age. Each state sets an age threshold at which time a person is invested with all legal rights as an adult. For many new adults, the most important rights mean access to places serving alcohol and the right to purchase and consume alcohol, smoke cigarettes, and drive a car. But there are many other legal rights which a minor does not have such as, in some states, the right to own land, to sign a contract or to get married.

Minutes

The official record of a meeting. Some minutes include a summary (not verbatim) of the discussion along with any resolutions. Other minutes just contain a record of the decisions. Minutes usually start off with the name of the organization, the place and date of the meeting and the name of those persons present. They are prepared by the corporate secretary and signed by either the president or secretary.

Miranda Warning

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.

Mis-joinder

The naming of a person as a party to a law suit when that person should not have been added. When mis-joinder is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party. Compare with non-joinder.

Misdemeanor

Crimes less serious than felonies. In Pennsylvania, the punishments associated with misdemeanors vary according to degree. A misdemeanor of the first degree may be sentenced to a term of imprisonment of not more than five years. A misdemeanor of the second degree may be sentenced to a term of imprisonment of not more than two years. A misdemeanor of the third degree may be sentenced to a term of imprisonment of not more than one year.

Misdiagnosis

A medical professional´s failure to properly identify and diagnose a patient´s medical condition. A doctor can be held liable for any damages that result from a misdiagnosis if the medical mistake was a result of negligence. Medical negligence (a subtype of medical malpractice) is defined as a medical professional´s failure to exact the degree of care, skill, and prudence that a reasonable medical professional would in a similar situation.

Misfeasance

Improper performance of a lawful act.

Misrepresentation

A presentation of false and material statements or facts which induces a party to enter into a contract. This is a ground for rescission of the contract.

Mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating Circumstances

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mitigation of damages

A person who sues another for damages has a responsibility to take every reasonable action to minimize those damages. For example, in a wrongful dismissal suit, the person filing the suit should make efforts to find another job so as to minimize the economic damage on him.

Mitigation of Damages or Doctrine of Avo

Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.

Mittimus

The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Modified work

Your old job is changed to allow you to continue doing it with your current injury.

Modus operandi

Latin: method of operation. Refers to a criminal's preferred method of committing crime and can be a basis for including a specific criminal in a list of suspects. For example, a burglar may have a break and enter technique that leaves a long scratch mark on the door. Upon discovery of a burglary with such a mark, law enforcement officials might include this known burglar in the list of suspects because the evidence at the crime scene is consistent with his "modus operandi."

Moiety

A half. For example, it can be said that joint tenants hold a moiety in property. In old criminal law, there were "moiety acts" which allowed half of the fine money to be handed over to the informer.

Monopoly

A restriction of trade to only one or a select few companies in which only those companies can trade in a certain area, creating a commercial advantage. Illegal monopolies are secretly built by conspiracy between two or more companies and are prohibited by law. Some monopolies are legal, such as those temporarily created by patents.

Moot

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court´s refusal to consider a case because the issue involved has been resolved prior to the court´s decision, leaving nothing that would be affected by the court´s decision.

Moot court

A training activity, usually held by law schools, for future lawyers, in which a fictional or hypothetical trial is held.

Moratorium

The temporary suspension of legal action against a person.

Mortgage

An interest given on a piece of land by a mortgagor, in writing, to guarantee to the mortgagee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed. In some jurisdictions, it entails a conveyance of the land until the debt is paid in full.

Motion

Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.

MOU

Abbreviation for "Memorandum of Understanding." A document which, if meeting the other criteria, can be, in law, a contract. Generally, in the world of commerce or international negotiations, an MOU is considered to be a preliminary document; not a comprehensive agreement between two parties but rather an interim or partial agreement on some elements, in some cases a mere agreement in principle, on which there has been accord. Most MOU's imply that something more is eventually expected.

Moving Party

The party presenting the motion. Compare with non-moving party.

Murder

The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. (See also manslaughter.)

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