Legal Dictionary M-R
Term: Malicious Prosecution
Definition: A lawsuit filed without probable cause or justification in law, intended to harass a defendant.
Term: Malpractice
Definition: Negligence by a professional such as a doctor, lawyer or engineer in the performance of professional duties; professional misconduct.
Term: Mandamus
Definition: A writ or directive issued by a court to an official compelling the performance of the official's duties.
Term: Mandate
Definition: A judicial command or order.
Term: Minority
Definition: The state of being a minor; infancy; one who has not reached the age of majority.
Term: Mistrial
Definition: A trial that has been terminated and voided due to a fundamental and prejudicial error occurring during the course of the proceeding, or because the jury was unable to reach a verdict.
Term: Mitigating Circumstances
Definition: Extenuating circumstances that in justice and fairness may reduce the degree of damages or punishment. Mitigating circumstances do not constitute justification for a wrongful act.
Term: Monopoly
Definition: An association formed to directly or indirectly control a particular industry or trade in order to reduce or eliminate competition, generally in violation of anti-trust laws.
Term: Motion
Definition: An application to the court for an order.
Term: MRI Scans
Definition: Magnetic Resonance Imaging (MRI) is another type of sophisticated diagnostic imaging which examines body tissues by subjecting the atomic nuclei of the tissues through a magnetic field. The procedure is non-invasive and is thought to be safer than many other procedures. MRI studies are extremely effective, and produce high-resolution images giving information as to the metabolic status of tissues and organs, as well as structural information regarding the body itself. The MRI picture is of such a good contrast that biochemical information about abnormal tissue can often times be derived. MRI's are especially effective in the diagnosis of traumatic brain injury, and other abnormalities involving tissues of the brain. Its use is not limited to the brain, and MRI's are often used in order to diagnose problems with the spine, eyes, liver, kidneys, pancreas, pelvic structures, temporomandibular joint, liver and spleen, pericardium, heart, and various joints.
Term: Negligence
Definition: Failure to exercise the degree of care ordinarily expected from a reasonably prudent person under the same circumstances.
Term: Negligence Per Se
Definition: An error, omission, or act in violation of a rule of law or statute which is presumed to be proof of negligence.
Term: No-Fault Insurance
Definition: A type of automobile insurance often required by statute, whereby one's own insurance company pays the medical bills or expenses incurred by their insured irrespective of fault.
Term: Nonsuit
Definition: A voluntary or involuntary termination of a lawsuit, by or against a plaintiff who is either unable to prove his case or proceed to trial. Often a nonsuit is the result of procedural errors in a case.
Term: Notary Public
Definition: A public officer who administers oaths, certifies documents, and performs certain other official acts, such as solemnizing a marriage.
Term: Objection
Definition: A request to the court to determine that a line of questioning, procedure, or evidence is improper and should not be received by the court.
Term: Obstruction Of Justice
Definition: The act or attempt to impede justice or a judicial proceeding, often by officials who have a duty to administer justice.
Term: Occupational Safety And Health Act (Osha)
Definition: A body of laws consisting of safety and health standards intended to prevent employees from being injured or contracting illnesses in the course of their employment.
Term: Of Counsel
Definition: An attorney assisting in the preparation or management of a case, but who is not the primary attorney of record.
Term: Offer
Definition: An expressed willingness to enter into a contract or to perform an act.
Term: Offer Of Proof
Definition: An offer of evidence that has been ruled by the court to be inadmissible made for the purpose of establishing an appellate record.
Term: Open Court
Definition: A court that is actively engaged in the administration of justice; before the judge.
Term: Opening Statement
Definition: Outline of anticipated proof delivered to the jury at the beginning of a trial.
Term: Operation Of Law
Definition: A right or entitlement arising under the law and not as a result of agreement.
Term: Opinion
Definition: The stated reason for a court's judgment, finding or conclusion; the court's decision or judgment.
Term: Option
Definition: A continuing offer to sell which must be accepted by the optionee within terms of the option, and if not accepted within the time specified, the right to do so is lost.
Term: Order
Definition: A directive from the court disposing of a matter collateral to the main action, or adjudicating the matter itself, in which case it is a "final order".
Term: Order To Show Cause
Definition: A directive from the court instructing a party to appear before it and demonstrate why such party took or failed to take an action and why a penalty should not be assessed against such party.
Term: Out-Of-Pocket Expenses
Definition: Costs necessarily incurred to prosecute a civil case or to protect rights or property pending a court's determination.
Term: Overrule
Definition: To find an objection raised to be invalid; to overturn or invalidate a prior decision or holding.
Term: Overt Act
Definition: An open, outward act which demonstrates intent or design.
Term: Pain And Suffering
Definition: An element of non-economic damages to which the plaintiff may be entitled if injured as the result of the wrongdoing of another.
Term: Paralegal
Definition: An individual trained to perform a variety of legal tasks but who is not authorized to practice law.
Term: Party
Definition: A plaintiff or defendant in a judicial proceeding; person or entity that has entered into a contract.
Term: Per Curiam
Definition: By the court.
Term: Per Se
Definition: Lat.: Through itself, i.e., not requiring external evidence to establish its existence.
Term: Perjury
Definition: The willful making of a false statement under oath which constitutes a criminal offense.
Term: Person
Definition: A natural or artificial being created under law, such as a corporation.
Term: Personal Property (Personalty)
Definition: Movable property not attached to realty; chattels.
Term: PET Scan
Definition: Positron Emission Tomography is a new test that studies brain function - not brain structure. It is the only test that can measure functions as opposed to tissue damage, changes in blood flow or other structural anomalies. The patient is injected with minuscule positrons that make visual to a computer the brain's function when it is using or failing to properly use glucose or sugar. The patient is injected with positrons and then, after the positrons take effect, given glucose by intravenous drip. As the sugar reaches the brain, the scan measures normal from abnormal patterns of use. When correlated with neuropsychological test results, PET becomes an effective demonstrative diagnostic tool that objectively defines abnormal brain function.
Term: Plaintiff
Definition: The party who initiates a lawsuit.
Term: Pleadings
Definition: The allegations contained in a complaint and answer; the complaint/answer or petition/response.
Term: Power of Attorney
Definition: A written instrument by which a principal appoints another to act as his or her agent and authorizes the agent to perform certain acts.
Term: Precedent
Definition: A rule of law established in earlier court decisions, that will generally be followed by other courts.
Term: Preponderance Of Evidence
Definition: The greater weight of the evidence; the general standard of proof required to prevail in a civil case.
Term: Prima Facie Case
Definition: A case in which sufficient evidence has been submitted to allow a jury or judge to make a final determination unless overcome and contradicted by other evidence.
Term: Principal
Definition: The employer or master of an employee or agent; one who authorizes another to act on his behalf.
Term: Privilege
Definition: A benefit or immunity conferred by law.
Term: Privileged Communication
Definition: A communication that is not admissible in evidence if made under circumstances in which the law recognizes a right of privacy, as between an attorney and a client.
Term: Procedure
Definition: The judicial process for the administration of cases before it; the rules governing such process.
Term: Proceeding
Definition: The various stages and events involved in a judicial proceeding.
Term: Process
Definition: A formal writ, most often a summons.
Term: Product Liability
Definition: An area of law dealing with the liability of manufacturers or sellers of goods that cause damage or injury to consumers.
Term: Property Settlement Agreement
Definition: An agreement setting forth an agreed division of property owned or acquired by spouses during their marriage; post-nuptial agreement.
Term: Proximate Cause
Definition: That which in natural sequence produces an injury.
Term: Punitive Damages
Definition: Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.
Term: Quantum Meruit
Definition: The equitable value of the goods or services in question. The doctrine of quantum meruit allows a plaintiff to recover the reasonable value of goods or services provided to another who has derived a benefit and not paid for such benefit.
Term: Quash
Definition: To annul, void or vacate a prior judicial order or decision.
Term: Question Of Fact
Definition: A factual issue submitted to the jury or to the judge in a bench trial for determination.
Term: Question Of Law
Definition: A disputed legal issue presented for judicial determination.
Term: Quid Pro Quo
Definition: That which a party gives up in return for a benefit; the mutual consideration that is exchanged between parties to a contract and makes it binding
Term: Real Evidence
Definition: Tangible evidence produced at trial which is capable of being physically inspected.
Term: Real Property
Definition: Land, and whatever grows on or is affixed to it.
Term: Reasonable Care
Definition: That degree of care that would ordinarily be exercised by a reasonably prudent person under similar circumstances.
Term: Reasonable Doubt
Definition: The degree of uncertainty that compels a juror to find a defendant not guilty in a criminal proceeding; a realistic uncertainty, even if remote.
Term: Reasonable Man (Person)
Definition: A hypothetical individual who exercises that degree of care, knowledge and judgment that society ordinarily requires of its members.
Term: Reasonable Time
Definition: That period of time which is ordinarily acceptable under the circumstances to respond or take some action.
Term: Rebuttal
Definition: Argument or evidence presented by an attorney in response to statements, claims, arguments, or evidence of an opposing party.
Term: Recess
Definition: A temporary adjournment or suspension of court proceedings.
Term: Record
Definition: A transcript, or papers transmitted from lower court to an appellate court upon which the appellate court decides the appeal.
Term: Recusal
Definition: The disqualification or voluntary withdrawal by a judge from a pending case due to the appearance of bias or lack of impartiality.
Term: Regulations
Definition: Rules and enactments of an administrative agency.
Term: Rehearing
Definition: A re-trial or reconsideration of a case or an issue by the court at the request of a party.
Term: Release
Definition: A written document evidencing the satisfaction of a debt; the giving up of some right, claim or interest.
Term: Relevancy
Definition: The test applied to the quality of evidence to determine whether it is competent to prove a fact in issue.
Term: Relief
Definition: Assistance or redress at the hands of the court.
Term: Remedy
Definition: Recourse at law to recover damages or enforce a legal right.
Term: Remittitur
Definition: The process or power of the court to reduce a jury verdict that is deemed to be excessive.
Term: Removal Of Case
Definition: The transfer of a case from one court to another, generally from state to federal court.
Term: Rendition
Definition: The filing of a signed, written order with the clerk of the court.
Term: Reply
Definition: A response to a pleading that has raised a new matter as a defense.
Term: Representative
Definition: One who acts for another with permission; an agent.
Term: Repudiation
Definition: An act or declaration which clearly indicates that a party will not perform an act that a contract requires be performed in the future.
Term: Res Ipsa Loquiter
Definition: Lat.:The thing speaks for itself. The Doctrine of Res Ipsa allows negligence to be inferred by virtue of the fact that an accident happened, e.g., a sponge found in the body of a patient after surgery.
Term: Res Judicata
Definition: Lat.:A thing decided. The doctrine stating that a matter that has already been judicially determined is conclusive and is not subject to re-litigation.
Term: Rescind
Definition: To cancel or nullify a contract, either mutually or unilaterally.
Term: Rescission
Definition: A judicial decree that cancels or annuls a contract; the termination of the contract by word or act of the parties.
Term: Retainer
Definition: An initial or advanced payment to an attorney for services to be performed; the act of employing an attorney.
Term: Return of Service
Definition: A writing made by an officer attesting to the fact that he/she served process (summons or subpoena) on a party, or that he/she was unable to do so.
Term: Review
Definition: A re-examination of decisions, orders and proceedings of an inferior court by an appellate court; reconsideration.
Term: Rider
Definition: An amendment or addition to a document or contract, especially an insurance contract.
Term: Right of Privacy
Definition: A generally accepted legal right to be let alone and live one's life free from unwarranted publicity or intrusion. Disruption of the right of privacy may give rise to a cause of action or claim in tort.
Term: Right of Way
Definition: A right of crossing or passage over the land of another; the strip of land on which the right of way is located.
Term: Risk of Loss
Definition: A provision in a contract identifying the party who bears the risk of damage or destruction of property during its transfer from seller to buyer.
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