Gilbert Pocket Size Law Dictionary by Publishers Editorial Staff

Author:Publishers Editorial Staff
Language: eng
Format: epub
ISBN: 9780314290694
Publisher: West Academic
Published: 2014-08-15T00:00:00+00:00

265

M

machination

A crafty scheme contrived for the accomplishment of an evil purpose.

magistrate

A public officer with specific, delegated executive or judicial powers; usually a local judicial officer who conducts preliminary hearings or has limited powers to try minor criminal or civil offenses. In the federal court system, an official appointed by the judges of a district to assist with pre-trial matters, preliminary criminal appearances and motions, and other administrative duties.

Magna Charta

Lat. Great Charter. Document of English liberties granted to the barons by King John in 1215 at Runnymede, which formed the basis of many English and American constitutional liberties, including limits on taxation, the right to own property, the right to a jury trial, and the proper administration of justice. Also spelled “Magna Carta.”

Magnuson-Moss Warranty Act

Federal statute requiring warranties for consumer products to disclose the terms of the warranty in fully conspicuous, simple, and easily understandable language. 15 U.S.C. § 2301 et seq. See lemon law.

mail box rule

Common law contracts doctrine providing that acceptance of an offer is effective when it is deposited in mail, if it is properly addressed and unless another acceptance method is otherwise agreed to.

maiming

The wrongful and intentional act which results in the loss of a limb or bodily organ of the person attacked, which is disfiguring or disabling. See mayhem, mutilation.

266

maintain

1. To continue, to uphold, to sustain. 2. To keep in its existing state or condition.

maintenance

1. Financial or other support to a spouse or children during marital separation or after a divorce, usually under court order. 2. Meddling in a legal suit by a nonparty by providing financial or other support to either party.

maintenance and cure

In maritime law, compensation paid to an injured or sick sailor. “Maintenance” refers to an allowance for onshore living expenses during the sailor’s recuperation. “Cure” refers to medical expenses.

majority

1. Full age; the age when a person attains full citizenship, the right to vote, power to make a will, and the right to manage personal affairs. 2. In elections, any number greater than half the total.

majority rule

A rule or interpretation of a law followed by more than half of the courts that have considered the issue.

major life activity

An activity that an average person can perform with little or no physical effort. Examples given in the Americans with Disabilities Act include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

maker

One who signs and becomes responsible for a promissory note (e.g., the maker of a check).

mala fides

(MAL-la fieds) Lat. Bad faith, the opposite of bona fides.

mala in se

Lat. Wrongs in themselves. See malum in se.

malfeasance

Wrongful and unlawful conduct, especially conduct by public officials which interferes with their public duties. Contrast misfeasance, nonfeasance.

267

malfunction theory

In products liability law, a principal that allows a plaintiff to recover if she was injured by a product that malfunctioned when being used properly. Under this theory, the plaintiff does not have to show that the product was defective.

malice

Mental disposition to commit a wrongful act or injury without legal justification.

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