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Maintenance:
The obligation that one person has to contribute in part or in whole to
the cost of living of another person.
Malfeasance:
Doing something which is illegal. Compare with misfeasance and nonfeasance.
Mandamus:
A writ which commands an individual, organization (eg. government), administrative
tribunal or court to perform a certain action, usually to correct a prior
illegal action or a failure to act in the first place.
Manslaughter:
Accidental homicide or homicide which occurs without an intent to kill,
and which does not occur during the commission of another crime or under
extreme provocation.
Maritime Law:
A very specific body of law peculiar to transportation by water, seamen
and harbors.
Marine
Registry:
Federal registry for registering title documents against ships.
Massachusetts
Trust:
An organization structure where 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.
Mechanic's
Lien:
See: Builder's lien and Repairer's lien.
Mediation:
An alternate dispute mechanism whereby the mediator acts as a facilitator
assisting the parties in coming to a mutually agreed settlement. Under the Bankruptcy and Insolvency Act, mediation can be used,
for example, if a creditor or the Trustee opposes a bankrupt's discharge.
Misappropriation
of Funds:
The wrongful taking of funds by a person to whom funds are entrusted.
Misrepresentation:
To describe or present incorrectly, improperly or falsely.
Monitor:
A person or firm appointed to review and report on, without controlling
or approving, the day-to-day transactions of a business. Particulars of
the engagement are usually set out in an exchange of letters, an agreement
or court order.
Mortgage:
An interest given on real property to guarantee the payment of a debt
or execution of some action.
MOU:
Abbreviation fo "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, a 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.
Mens Rea:
Latin for "guilty mind." Many serious crimes require the proof
of "mens rea" before a person can be convicted. In other words,
the prosecution must prove not only that the accused committed the offence
but that he (or she) did it knowing that it was prohibited; that their
act (or omission) was done with an intent to commit a crime.
Misfeasance:
Improperly doing something which a person has the legal right to do. Compare
with malfeasance and nonfeasance.
Mis-joinder:
When a person has been named as a party to a law suit when that person
should not have been added. When this 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.
Misrepresentation:
A false and material statement which induces a party to enter into a contract.
Mistrial:
A partial or complete trial which is found to be null and void and of
no effect because of some irregularity.
Mitigating
Circumstances:
These are facts that, while not negating an offence or wrongful action,
tend to show that the defendant may have had some grounds for acting the
way he/she did.
Mitigation
of Damages:
A person who sues another for damages has a responsibility to minimize
those damages, as far as reasonable. For example, if a tenant vacates
rental premices the landlord has a responsibiliy to find another tenant
so as to minimize the economic damage on themselves.
Modus Operandi:
Latin: method of operation. Used by law enforcement officials to refer
to a criminal's preferred method of committing crime.
Moiety:
Half of something. For example, it can be said that joint tenants hold
a moiety in property.
Moot:
Also called a "moot point": a side issue, problem or question
which does not have to be decided to resolve the main issues in a dispute.
Moot Court:
Fictional or hypothetical trial, usually hosted by law schools, as training
for future barristers or litigators.
Moratorium:
The temporary suspension of legal action against a person.
Mortgage:
An interest given on a piece of land, in writing, to guarantee the payment
of a debt or the execution of some action. The person lending the money
and receiving the mortgage is called the mortgagee; the person who concedes
a mortgage as security upon their property is called a mortgagor.
Mutatis
Mutandis:
With appropriate changes as applicable. For example, in proposals
all other sections of the Bankruptcy and Insolvency Act, over and
above the section on proposals, applies to proposals, mutatis mutandis.
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Canadian Law Dictionary.
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