术语
概念
magistrate1 Local judicial2 official having limited original jurisdiction3, especially in criminal cases. Also often used to refer to a judge.mala in se Evil in itself. Behavior universally regarded as criminal, e.g., murder. Also called malum in se. Compare mala prohibita.mala prohibita Behavior that is criminal only because society defines it as such, e.g., gambling5. Also called malum prohibita. Compare mala in se.malfeasance Committing an unlawful act. Often used to describe misconduct by public officials. Compare misfeasance and nonfeasance.malice7 Intent to commit a wrongful act without just cause or excuse.malice aforethought Mental state required to prove murder.malicious8 prosecution9 Action instituted with intention of injuring defendant10 and without probable cause. mandamus Writ11 issued by a court ordering a public official , another court, a corporation, public body or inpidual to perform an act.mandate12 Judicial command or order directing an officer of the court to enforce judgment13, sentence or decree.manslaughter Unlawful killing14 of another without intent to kill. May be voluntary, i.e., upon sudden impulse, e.g., a quarrel erupts into a fistfight in which a participant is killed; or involuntary, i.e., committed during commission of an unlawful act not ordinarily expected to result in great bodily harm, or during commission of a lawful6 act without proper caution, e.g., driving an automobile15 at excessive speed, resulting in fatal collision. Compare murder.master Official appointed by a court to assist with its proceedings16. Masters may take testimony17, rule on pre-trial issues, compute18 interest, handle uncontested porces, etc. Usually must present written report to court.material evidence Evidence that is relevant and goes to substantiate19 issues in a dispute.mediation20 Form of alternative dispute resolution in which parties bring their dispute to a neutral third party, who helps them agree on settlement. Nonbinding. Similar to conciliation21.memorial Abstract of a legal record. Also, written statement of facts presented to legislature or executive as a petition.mens rea The state of mind of the defendant that the prosecution must prove in order to establish criminal responsibility. See elements of a crime.Miranda rule Requirement that police advise a suspect in custody22 of constitutional rights before questioning him/her. Named after U.S. Supreme23 Court ruling in Miranda v. Arizona, 384 U.S. 436 , establishing such requirements.misdemeanor Criminal offenses25 generally punishable by fine or limited local jail term, but not by imprisonment26 in penitentiary27. Compare felony. misfeasance Lawful act performed in wrongful manner. Compare malfeasance and nonfeasance.mistrial Trial terminated before verdict is reached, either because of some procedural error, serious misconduct during proceedings or because of a hung jury.mitigating28 circumstances Circumstances which do not constitute justification29 for committing an offense24, but which may reduce degree of blame and help reduce sentence of inpidual convicted. Also known as extenuating30 circumstances. Compare aggravating31 circumstances.mittimus Written court order directing a jailer to receive and safely keep a person until ordered otherwise.moot32 Having no practical significance. Usually refers to court's refusal to consider a case because issue involved no longer exists.moral turpitude33 Immorality34, depravity; conduct so wicked as to be shocking to the community's moral sense.motion Application to a court or judge for a ruling or order.motion to dismiss Request to dismiss a civil case because of settlement, withdrawal35 or a procedural defect. Compare demurrer.multiplicity of actions Two or more separate litigations of the same issue against the same defendant.municipal court Court whose jurisdiction is confined to the city or community in which it is erected36. Usually has summary jurisdiction over minor37 offenses and a limited number of misdemeanors. Occasionally also possesses limited civil jurisdiction. Pennsylvania has one municipal court, Philadelphia Municipal Court.murder Unlawful killing of a human being with malice aforethought. First degree murder is premeditated, i.e., planned. Second degree murder is sudden, instantaneous intent to kill or to cause injury without caring whether injury kills or not. Pennsylvania and some other states also allow for third degree murder, which is murder committed by a person engaged in commission of a felony. Compare manslaughter
