LEGAL GLOSSARY

M

magistrate - An officer having power to issue a warrant for the arrest of a person charges with a crime; includes any justice or judge of the appellate courts. and judges of the district court.

malfeasance - Unlawful conduct.

malicious prosecution - An action instituted with intention of injuring defendant and without probably cause and which terminates in favor of the person prosecuted.

malpractice - A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services.

mandamus - A writ by which a court commands the performance of a particular act.

mandate - A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

manslaughter - The unlawful killing of another without malice; may be either voluntary, upon a sudden impulse, or involuntary, in the commission of some unlawful act.

material evidence - Evidence which is relevant to the issues in a case.

mens rea - Literally, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.

merit retention - A process through which Florida's judges and Supreme Court justices are retained on merit by vote of the electors in Florida.

Miranda Rule - The rule, pronounced in Miranda v Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include:

• The right to remain silent and to refuse to answer any questions.
• The right to know that anything the suspect says can and will be used against the suspect in a court of law.
• The right to consult with an attorney and to have an attorney present during questioning.
• The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.

misdemeanor - A minor offense, lower than a felony, and punishable by a fine or imprisonment other than in penitentiaries.

mistrial - A trial which is void because of some error.

mitigating circumstance - A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.

 

moot - A case is moot when a determination sought on a matter cannot have any practical effect on the existing controversy.

moral turpitude - A formal request presented to a court.

motion in limine - A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.

multiplicity of actions - Numerous and unnecessary attempts to litigate the same issue.