Susan Ellis Wild - Webster's New World Law Dictionary

minimum contacts n. A defendant’s activities within or affecting the state in which a lawsuit is brought, that are considered legally sufficient to support jurisdiction in that state’s courts.

ministerial adj. Of the nature of a routine or mechanical function performed with a minimum of discretion.

minority n. 1 An ethnic, religious, or other defined group of people who may face discrimination from the majority as a result of their differences. 2 The condition of not yet being of legal age. 3 A group of less than half of eligible voters.

Miranda rule n. The rule, formed from constitutional law, that suspects must be advised of certain rights (such as the right to remain silent and the right to an attorney) before being questioned by the police.

misadventure n. 1 An accident or unlucky event. 2 An accidental homicide.

misapplication n. The illegal misuse of money or property in lawful keeping.

misappropriation n. The act of taking improperly, including the use of another’s property or work.

miscarriage of justice n. The unjust and inappropriate outcome of a court proceeding.

misconduct in office n. The unlawful exercise of public authority.

misdelivery n. The delivery of goods at a time or place or in a manner not meeting contractual requirements.

misdemeanor n. A crime considered to be less serious than a felony, and that receives a lesser punishment (typically a sentence of one year or less).

misfeasance n. 1 Generally, an act of wrong-doing. 2 An otherwise legal act that is performed in an illegal fashion.

misjoinder n. The improper addition or inclusion of parties or claims in a civil case, or of charges in a criminal case.

mislaid property n. Property that has been left unattended by the owner with an intent to return to it later, but that can no longer be located.

misnomer n. An error in referring to or naming a person, location, or object, particularly in a contract or other legal document.

misprision of felony n. The offense of covering up of a felony committed by another.

misrepresentation n. A false statement typically made with the intention to mislead. See fraud.

mistake n. In contract law, a factual misunderstanding that may lead to a failure of a meeting of the minds.

mistake of fact. Improper understanding of a fact that is material to a contract.

mistake of law. Improper understanding of the law as applied to facts as to which a party has a correct and full understanding.

mutual mistake. A mistake in which each party has an incorrect understanding of the other’s position, or in which both parties share the same mistaken belief, generally a basis for canceling the contract.

unilateral mistake. A mistake by only one party to a contract as to the underlying facts of the agreement, not generally a basis for avoiding the contract.

mistrial n. A trial that the judge orders ended without a verdict, either because the jury has deadlocked or because of an incident or mistake prejudicing the outcome.

mitigating circumstance n. A factual matter argued in defense that may lessen a defendant’s liability or culpability, resulting in lesser damages or a shorter sentence.

mitigation-of-damages doctrine n.

The doctrine that requires a plaintiff to use reasonable efforts to alleviate the injury caused by the defendant. For example, a merchant who fails to receive goods due to the manufacturer’s breach is expected to replace those goods with similar ones from another source, and will then be able to sue only for the difference in price between the contracted-for goods and the ones actually purchased.

mixed nuisance n. See nuisance.

mixed question of law and fact n. An issue that can be resolved only by adjudicating facts and deciding relevant legal issues at the same time.

M’Naghten rules n. The insanity defense as codified in federal law and the law of many states, in terms of whether a mental disease or defect interfered either with the defendant’s understanding of the nature of the criminal act or the difference between right and wrong.

m.o. abbr. See modus operandi.

model act n. Proposed legislation drafted by a national lawyer’s conference for the purpose of providing a model for state laws.

Model Rules of Professional Conduct n. Ethical guidelines for lawyers drafted by the American Bar Association.

Modified Accelerated Cost Recovery System n. An accounting approach for the rapid depreciation of assets. Abbreviated MACRS.

modus operandi n. Latin. A method of operating.

moiety n. A portion of something, typically half.

money n. An official, government-cre- ated token of value, made of paper or metal, that may be exchanged for goods or services.

money demand n. A claim for a specified amount of money.

money judgment n. A judgment for a specified amount of money, awarded as damages.

monogamy n. A law or custom permitting a person to be married to only one spouse.

monopoly n. The domination of a commercial market by only one supplier, worldwide or in a particular region.

month-to-month lease n. A lease without a fixed term, because either it never included one or such term is expired, in which the landlord’s acceptance of each monthly rent payment gives the tenant a right to stay for one more month.

moot adj. Of an issue, that it is not currently a controversy able to be decided, typically because it was resolved or otherwise removed from the court’s purview by an intervening act or occurrence.

moot court n. A law-school competition in which students argue imaginary cases before professors sitting as judges.

moral certainty n. High level of conviction that causes one to act in accordance therewith; beyond a reasonable doubt.

moral turpitude n. Of conduct, that it is significantly wrong or immoral; used as a term of special condemnation.

mortgage n. 1 A grant of a security interest in real property to secure a loan, often for the purchase of the property. 2 A loan secured by an interest in real property. 3 The paperwork reflecting such a loan and security interest.

purchase money mortgage. A mortgage that secures debt incurred in connection with the property as to which the mortgage is given, for example, a mortgage on one’s home given to secure a loan given in order to purchase that home.

mortgagee n. The lender or creditor extending the loan involved in a mortgage.

mortgagor n. The owner of the real property involved in a mortgage.

mortmain n. Archaic. The permanent holding of lands by an ecclesiastical organization, without the right to dispose of them.

most favored nation clause n. A provision in treaties according all citizens of the nations that are parties to the treaty a special status as to other nations that are parties to the treaties, such citizens are afforded all privileges available to most favored nations; general effect of such status is a lowering of duty on trade between such nations.

motion n. 1 In litigation, a formal request, usually in writing, to a court for specified relief, under applicable procedural rules. 2 In a legislature or other

deliberative body, a request for procedural relief made by a member to the chairman or the body at large, under Robert’s Rules of Order or other applicable procedural rules.

motion for arrest of judgment n. A motion asking the court to overrule the judgment in a civil or criminal case, on the grounds that it was granted in error.

motion for judgment as a matter of law n. A request for relief available to a party when there is no disputed fact issue.

motion for summary judgment n. In civil litigation, a written submission made to the court following the discovery phase, asking for judgment before trial on the basis that the undisputed facts as adduced through discovery entitle the moving party to judgment as a matter of law; if granted, the case is over with no need for trial.

motion in limine n. A motion to limit the evidence that will be submitted to the jury, by excluding matters that are not relevant, are prejudicial, or are oth-

tion, a written submission to the court at a preliminary stage of the case, generally before the defendant answers, seeking dismissal of the case on one of several grounds, including lack of jurisdiction over the person or subject matter, and failure of the plaintiff to allege requisite elements of the cause of action asserted in the complaint, etc.; may be granted with or without leave given to plaintiff to amend his complaint to correct deficiencies.

motion to set aside See set aside.

movant n. The party making a motion to the court.

move v. To make a motion; to request relief from a court or a deliberative body.

moving expense n. In tax law, an expense incurred in connection with the transportation of one’s household effects when changing one’s residence.

mulct n. 1 To levy a fine. 2 To defraud someone.

multifarious adj. Referring or relating to the improper joinder of unrelated causes or parties in a lawsuit.

multipartite adj. Divided into several parts.

multiplicity of actions n. Multiple lawsuits filed by one party involving the same subject matter, usually against same defendant, generally of a frivolous nature or attempt to relitigate matter that has been unfavorably decided against the plaintiff.

municipal bond n. A bond issued by a city or other municipal entity.

municipal court n. A city court.

muniments (of title) n. Chain of documents that indicate title to property, from the beginning to the present.

murder n. The intentional and malicious killing of a human being.

first degree murder. Murder that is premeditated, or done during the commission of certain other felonies.

murder-suicide. Act of killing another followed by suicide, sometimes carried out in a pact, other times without the assent of the murdered person.

second degree murder. An unpremeditated murder not committed while carrying out another felony.

mute n. The act or condition of remaining silent when required to enter a plea.

mutuality of obligation n. The consent by both parties to a contract to pay, yield, or give up something in return for the benefits received.

mutuality of remedy n. The doctrine that specific performance must be available to both parties to a transaction in order for either to obtain it.

mutual mistake n. A mistake in which each party has an incorrect understanding of the other’s position, or in which both parties share the same mistaken belief.

N

naked power n. Power over a person or thing unrelated to an interest in the well-being or continuation of that person or thing.

named insured n. The covered individual named in an insurance policy.

narcotic n. A drug that, by law, is illegal or designated a controlled substance.

National Association of Security Dealers Automated Quotation system n. An automated national stock exchange. Abbreviated NASDAQ.

National Labor Relations Act n. A federal law governing certain labor issues and creating the National Labor Relations Board. Abbreviated NLRA.

National Labor Relations Board n. A federal labor agency that oversees union elections and other labor issues. Abbreviated NLRB.

National Lawyers Guild n. A lawyer’s association founded in 1937, which states as its mission a dedication to the need for basic and progressive change in the structure of the political and economic system, generally aligned with liberal and socially progressive causes.

natural child n. A biological, as opposed to an adopted, child.

naturalization n. The formal grant of U.S. citizenship to a foreigner.

natural law n. A philosophical explanation of the origins of law, grounding it in purported external facts (such as biology, religious conceptions of right and wrong, and so on) rather than in human custom or practice.

natural person n. An actual person, as opposed to one created by a legal fiction (such as a corporation).

n.b. abbr. Latin. Nota bene; used to emphasize or call notice to something.

Necessary and Proper Clause n. A section of the United States Constitution that enables Congress to make the laws required for the exercise of its other powers established by the Constitution.

that flows of necessity from a particular premise.

necessary party n. A party who, because of his or her relationship to or involvement in the underlying facts and issues, should be joined to a case if it all possible.

necessity n. A defense to a criminal charge or civil claim, that the party’s actions were in response to a supervening state of emergency.

negative pregnant n. A limited and conditional denial of a part of an assertion that implies that the assertion may otherwise be true.

neglect n. The action or status of failing to care for or to maintain something.

negligence n. The failure to use reasonable care, resulting in harm to another.

comparative negligence. The plaintiff’s own negligent acts that bring about a pro rata reduction of the damages owed by the defendant, depending on the degree of the plaintiff’s own negligence; compare contributory negligence.

concurrent negligence. The negligence of two or more parties contributing to the ultimate harm.

contributory negligence. Any degree of negligence on the part of a plaintiff, which results in a total bar to recovery by the plaintiff, even if the defendant was negligent as well. States are either “comparative” or “contributory” negligence jurisdictions.

criminal negligence. Negligence so substantial it is grounds for a criminal prosecution.

culpable negligence. Negligent actions committed with a disregard of the consequences.

gross negligence. Extreme negligence, acts committed with utter disregard for the consequences, punishable by punitive damages.

negligence per se. Negligence as to which there is no disputed fact issue and that may therefore be determined by the court without recourse to a jury.

negligent infliction of emotional distress n. The act of inflicting emotional distress on another by one’s negligent act.

negotiable instrument n. In commercial law, a writing that meets certain criteria, such as that it contains an unconditional promise to pay a specified amount on demand or at a particular date to the bearer or a particular person, and it is signed by the person making it.

negotiation n. Discussions between adverse parties, with the goal of resolving their differences.

net income n. Income after all exemptions, exclusions, and deductions.

net operating loss n. The amount by which operating expenses exceed revenues.

new and useful adj. Term used in patent law to define whether an item is patentable.

newly discovered evidence n.

Material evidence bearing on innocence and discovered after the conclusion of a trial.

new matter n. A matter not previously raised by a party in a litigation.

new trial n. A second or later trial on all or part of the merits, ordered by the original trial judge or a court of appeals.

New York Stock Exchange n. A national exchange operated by an association of securities firms based in New York City. Abbreviated NYSE.

next friend n. An attorney or other competent person appointed to appear in a litigation to represent the interests of a minor or incompetent.

next of kin n. The individual(s) of closest consanguinity to a decedent.

nisi adj. Latin. Of an ex parte decision or ruling, that it is valid unless opposed by the adverse party.

nisi prius n. Latin. Refers to a court in which a jury is the ultimate finder of fact.

NLRA abbr. See National Labor

Relations Act.

NLRB abbr. See National Labor

Relations Board.

no bill n. A grand jury’s determination that there is not adequate evidence to indict someone.

no-fault adj. Of claims or controversies, such as divorces or automobile accidents, in which adjudications or awards are made without reference to the parties’ guilt or blame.

nolens volens adj./adv. Latin. Willing or not.

nolo contendere n. Latin. A plea available in certain jurisdictions in which a party declines to contest a charge without formally admitting guilt.

nominal damages See damages.

sentence served elsewhere than in a prison (for example, on probation).

nondelegable adj. Of a power, that it cannot be assigned or transferred to another to be performed.

nonfeasance n. A failure to act in derogation of a duty to do so.

nonnegotiable adj. 1 Of commercial paper, that it cannot be transferred. 2

Of a contract term or demand, that the party proposing or making it refuses to discuss or make any modification.

non obstante veredicto n. Latin. A judgment notwithstanding the verdict, in which a jury verdict is set aside by the judge as being factually or legally invalid.

nonprofit corporation n. A corporation organized for other than commercial purposes; for example, for charity or to advance a viewpoint on policy.

non prosequitur n. Latin. A judgment against a plaintiff who has abandoned the case.

nonrecognition provision n. A rule that allows certain items not to be included in taxable income.

nonrecourse adj. Pertaining to an obligation that cannot be enforced against the personal assets of the debtor.

non sequitur n. Latin. A conclusion or a statement that does not logically follow from what preceded it.

nonsuit n. 1 The dismissal of a case by the judge for procedural infirmity or lack of any evidence, without reaching a decision on the merits. 2 A plaintiff’s voluntary dismissal of a case.

nonsupport n. A breadwinner’s failure to provide support to a child, spouse, or other dependent.

noscitur a sociis Latin. A rule of interpretation that states that the meaning of unclear language in a contract or other legal document should be construed in light of the language surrounding it.

notary public n. An individual who performs the public functions of witnessing signatures, administering oaths, and comparing documents in order to attest to the validity of copies.

note n. 1 In commercial law, a writing representing a promise by a maker to pay a specified amount of money to a payee or to the bearer, on demand or by a specified date. 2 A short article in a law review, typically written by a law student.

not guilty n. 1 A determination by a jury that the evidence is insufficient to convict the defendant beyond a reasonable doubt. 2 A defendant’s plea in court denying the prosecution’s charges.

not guilty by reason of insanity. A jury verdict or plea that acknowledges that the defendant committed the crime but states that he or she was not responsible for his or her actions by reason of a mental disease or defect, and so could not have formed the requisite mens rea, and therefore, is not guilty.

notice n. 1 A state of awareness of a fact or thing, as required by law or contract. 2 A communication seeking to make its recipient aware of a fact or thing, as required by law or contract.

actual notice. Notice personally received by the person for whom it was intended.

constructive notice. Notice deemed to have been received by a party, due to publicly known facts or events of which that party had a duty to be aware.

implied notice. Notice deemed to have been received by a party, due to his or her knowledge of other information that should have led that party to become aware of the matter in question.

inquiry notice. Notice deemed to have been received by a party, due to the party’s knowledge of other information that would have caused a reasonable person to inquire further.

judicial notice. Notice taken by a court that a fact is so obvious, wellknown or commonly accepted that no proof is required to establish that fact; for example, judicial notice may be taken of the fact that many people died during the events of September 11, 2001, without proof being necessary as to the actual death of such persons.

personal notice. Actual notice received directly by the person for whom it was intended.

notice of appeal n. A formal written notice, filed with the court and served on the other parties, as required by procedural rules, that a party intends to appeal a judgment or order.

notice of appearance n. 1 A written document filed with the court (or in some cases, a verbal representation made in court) to notify it and the other parties that a party wishes to appear in or receive notice of the proceedings. 2 An attorney’s written or verbal notice to the court that he or she represents one of the parties.

notice of dishonor n. Notice that payment of a note or other commercial paper is being refused.

notice of motion n. A party’s written notice, under applicable procedural rules, that it is requesting the court’s determination on an issue pertaining to a pending litigation. Motions are typically used to resolve procedural issues such as discovery disputes or issues of the excludability of evidence, but may also seek dismissal of the case on the grounds that the pleadings do not state a cause of action, or summary judgment on the grounds that there is no disputed fact issue on which the other party could prevail.

notice to quit n. A landlord’s written notice to a tenant to vacate the premises for nonpayment or other material breach of a lease.

notorious possession n. Use or inhabitance of real property that is open and obvious to neighbors, leading to a presumption that the owner has notice of it. See also adverse possession.

novation n. In contract law, the replacement of an old obligation with a new one.

novelty n. an element required to obtain a patent. See new and useful.

NSF abbr. A banking term meaning “not sufficient funds.”

nudum pactum n. Latin. A bare or scant agreement that is not enforceable because consideration is lacking.

nugatory adj. Of a law or a contract, that it is unenforceable.

nuisance n. An ongoing act or a condition that interferes with another’s use or inhabitation of real property.

abatable nuisance. A nuisance that may easily be repaired or avoided.

attractive nuisance. A potentially dangerous element or entity on real property that may attract people, especially children, to use it to their own harm; for example, a swimming pool.

attractive nuisance doctrine. See attractive nuisance doctrine.

mixed nuisance. A nuisance that affects both public and private interests.

nuisance per se. A nuisance that is very dangerous, or in some other way beyond conventional bounds of acceptability and risk, one that has certainty.

private nuisance. A nuisance that affects private ownership interests.

public nuisance. A nuisance that interferes with public interests, including those in health, safety, and transportation.

nullification n. The act or condition of negating the existence of a law, performed by individuals acting in a public capacity (for example, a jury) or by one level of government opposing the laws of another.

jury nullification. A jury’s verdict of “not guilty” despite overwhelming evidence of guilt, often in the face of the jury’s collective belief of this guilt, because of its perception that the law is being immorally or improperly applied to the defendant; in other words, the jury nullifies the law because it believes the defendant has been unfairly treated.

nullity adj. Legally nonexistent; without force or effect.

nunc pro tunc adj. Latin. Of an order or decision, that it has a retroactive effect.

nuncupative will n. A verbal will made in contemplation of oncoming death from a wound or injury. Not valid in most states.

NYSE abbr. See New York Stock

Exchange.

O

oath n. A solemn swearing to the truth of statements delivered orally and/or in written form. Making of false statements while under oath may result in prosecution for perjury. An affidavit is a written oath. See also affirmation.

oath of office. A sworn promise to carry out the duties and responsibilities of a position, diligently and as required by law.

obiter dicta adv. Latin. “By the way . .

. .” A passing statement reached in a court opinion that is irrelevant to the outcome of the case. See also dictum.

objection n. A statement opposing something that is about to occur in a courtroom, or has already occurred, as being improper, out of order, or against procedural rules. It is up to the judge to rule on the objection’s validity, or to overrule it. A timely objection that is entered into the trial record, along with appropriate argument on its validity, may form the basis for an appeal to a higher court. See also challenge and motion in limine.

obligation n. 1 A moral or legal duty to perform or to not perform some action. 2 A binding, formal arrangement or an agreement to a liability to pay a specified amount or to do a certain thing for a person or group of persons. See also duty and liability.

obligation, mutuality of See mutuality of obligation.

oblige v. 1 To legally or morally bind; to obligate. 2 To bind someone by performing a service for that person.

obligee n. The person who is owed an obligation, generally a sum of money or a service.

obligor n. The person owing the money, service, or goods. See also obligee.

obloquy n. Abusive language; blame; disgrace or cause to be in ill repute; calumny. Obloquy may go to the extent where it constitutes defamation. See also defamation and slander.

obscene adj. Exceptionally repugnant to the contemporary standards of decency and morality within the community; grossly obnoxious to the notions of acceptable behavior.

obscene material n. According to a Supreme Court decision, material is obscene, and hence not protected by the free-speech provision of the First Amendment if it has three elements: It must have prurient appeal, as decided by the average person applying the standards of the community; it must portray sexual conduct in an offensive way; and it must be lacking in serious artistic, literary, scientific, or political value.

obscenity See obscene material.

obsolescence n. 1 A process or condition of becoming useless or obsolete. 2 A diminishing of a property’s value or usefulness, especially because of innovations in technology, as distinguished from physical decay. See also depreciation.

obstruction of justice n. Delaying or impeding the timely and orderly administration of the legal system in some way, such as by giving false or misleading information, withholding information from legal authorities, or attempting to influence a witness or a juror. A criminal act in most jurisdictions.