All Legal Terms by letter M

Mail/Telephone Order Rule :- This rule requires an advertiser of merchandise to have a reasonable basis for stating that merchandise can be shipped within a certain time. Direct marketers refer to this rule as the 30-day Rule.

Majority :- Most, or to exceed by at least more than one-half the total.

Maker Information :- The maker is the signer of a note or draft, and the person or entity who becomes responsible for its payment at maturity.

Malfeasance :- Doing a wrongful act. Conversely, Misfeasance is doing as act wrongfully.

Malice :- : In criminal law, this is a state of mind wherein the actor acts with an evil intent towards another without justification.

Malpractice :- : Professional misconduct based on an unreasonably low level of skill, or a lack of skill, misapplication of skill, etc., such that a person is injured.

Mandamus :- An order from a superior court to a lower court to do some act or to do some act differently. The order itself is a writ of mandamus.

Mandatory Injunction :- An court order that directs a party to do some act or to do some act differently, or to cease doing the act


Manslaughter :- An unlawful killing of a human being without justification but without premeditation. Heat of passion killings may be manslaughter.

Married Filing Jointly :- The most common tax filing status of married persons in the United States. This is a method of combining the marital income and deductions on the same tax return (a joint tax return) and is usually subject to some tax advantage. Married persons still have the option to file separately.


Marital Deduction :- An exception under the rules for the federal gift tax for transfers of property made between spouses.


Maritime :- : Having to do with or pertaining to the navigable waterways and the laws that apply.

Marketable Security :- A stock or bond that can be traded without difficulty in the market and that has a price that can be easily determined with reference to the market reports. A marketable security also must have the attribute that it can be readily converted to cash at its fair market value.

Marriage Penalty :- Because of the way the tax code numbers work, in some instances two people filing with single person filing status may pay less tax on the same incomes than the same people would pay if married and filing a joint tax return. The effect of this is, of course, unfair and is gradually being rectified by the The Economic Growth and Tax Relief Act of 2001.

Matching Principle :- The matching principle is an accounting convention to the effect that all costs and expenses incurred in generating revenues must be recognized during the same period that the revenue is recognized.

Material Participation :- In Tax Law, the internal revenue service (IRS) has a rule that requires those who take deductions from business activities they invest in must have participated materially in the activity of the business. Passive investment will not qualify.

McNaughten Rule :- McNaughten was the defendant in an 1843 English criminal case that is the source of the modern rule of the insanity defense. At McNaughten's time it was lack of mental capacity to understand the difference between right and wrong.

Mechanics Lien :- A means of securing payment for services rendered to property by workmen. The lien exists as an encumbrance on the property and induces eventual resolution of the payment dispute.

Mediation :- Mediation is an alternative dispute resolution technique. Mediation is a means of resolving disputes by taking the matter, by agreement, to a third party who is experienced and trained in the type of dispute. This is usually a lawyer well experienced or a retired judge. This process allows the parties to be heard and to have the non-binding opinion of the independent mediator brought to bear. The mediator's role is not to be an advocate for either side, but to facilitate resolution and settlement of the dispute through creative insight on the real issues.

Mediator :- An experienced person in disputes to whom litigating parties may turn to attempt a voluntary resolution of the issue.

Medicaid :- A need based government program that pays certain medical benefits to needy and low income people.
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Medical Malpractice :- Medical Malpractice is professional negligence committed by a physician, or other health care provider, such that a person is injured. A medical provider is required to use and exercise that degree of skill, learning, care and proficiency commonly exercised by the ordinarily skillful, careful, and prudent health care provider engaged in the same or substantially similar practice and under the same or similar circumstances. If an injury results by the negligent act or omission, a case can be brought against the provider on a medical malpractice theory.

Medical Savings Account (MSA) :- In Tax Law, the internal revenue service (IRS) allows for some offset, or deduction, to employees of small businesses and self employed people to have an account to save for and pay for medical expenses that are otherwise not covered by a health insurance plan.