reserva
tions, in dependent tribal communities, and on tribal
allotments. McClanahan v. Arizona Tax Comm'n, 411
U.S. 164,93 S.Ct. 1257 (1973). [Cases: Taxation C~
2273,3412,36l2.]
McDonnell Douglas test. Employment law. 'The principle
for applying a shifting burden of proofin employment
discrimination cases, essentially requiring the plain
tiff to come forward with evidence of discrimination
and the defendant to come forward with evidence
showing that the employment action complained of
was taken for nondiscriminatorv reasons. Under
this test, the plaintiff must first establish a prima facie
case of discrimination, as by shOWing that the plain
tiff is a member of a protected group and suffered an
adverse employment action. Ifthe plaintiff satisfies that
burden, then the defendant must articulate a legitimate,
nondiscriminatory reason for the employment action
complained of. If the defendant satisfies that burden,
then the plaintiff must prove that the defendant's stated
reason is just a pretext for discrimination and that dis
crimination was the real reason for the employment
action. AicDonnell Douglas Corp. v. Green, 411 U.S. 792,
93 S.Ct. 1817 (1973). Cf. burden-shifting analysis. [Cases:
Civil Rights e::-~, 1118, 1536.]
mef. Abbr. Oil & gas. One thousand cubic feet, one ofthe
standard units for measuring natural gas.
McNabb-Mallory rule. Criminal procedure. The
doctrine that a confession is inadmissible if obtained
during an unreasonably long detention period between
arrest and a preliminary hearing. Because of the
broader protections afforded under the Miranda rule,
the McNabb-Mallory rule is rarely applied in modern
cases. McNabb v. United States, 318 U.S. 332, 63 S.Ct.
608 (1943); Mallory v. United States, 354 U.S. 449, 77
S.Ct. 1356 (1957). -Often shortened to Mallory rule.
[Cases: Criminal Law <';='519(8).]
McNaghten rules (mik-nawt-,m). (1917) Criminal law.
The doctrine that a person is not criminally responsible
for an act when a mental disability prevented the person
from knowing either (l) the nature and quality of the
act or (2) whether the act was right or wrong. lhe meaning
federal courts and most states have adopted this test
in some form. McNaghten's Case, 8 Eng. Rep. 718 (B.L.
1843). -Also spelled McNaughten rules; M'Naghten
rules; M'Naughten rules. -Also termed right-and
wrong test; right-wrong test. See INSANITY DEFENSE.
[Cases: Criminal Law C:;:>48; Homicide ~817.]
"Four pOints stand out and should be understood whenever
reference to M'Naghten is made other than in regard to
procedure. (l) It applies only in case of 'a defect of reason,
from disease of the mind' and without this the following
do not apply except that 'disease' as so used will be inter
preted to include congenital defect or traumatic injury.
(2) If, because of this 'defect of reason,' the defendant did
not know what he was doing he is not guilty of crime. (3)
Even if the defendant knew what he was doing he is not
guilty of crime if, because of this 'defect of reason; he did
not know he was doing wrong. (4) If the defendant acted
under an insane delUSion, and was not otherwise insane,
his accountability to the criminal law is the same as if the
facts were as they seemed to him to be," Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 959-60 (3d ed. 1982).
McNary comity. lhe principle that a U.S. district court
should not hear a taxpayer's civil-rights challenge to the
administration ofa state's tax system. Fair Assessment
in Real Estate Ass'n v. McNary, 454 U.S. 100, 102 S.Ct.
177 (1981). [Cases: Federal Courts C-~27.1
M.D. abbr. (15c) 1. Middle District, usu. in reference to
U.S. judicial districts. 2. Doctor ofmedicine.
MDA. abbr. MISSILE DEFENSE AGENCY,
MOL. abbr. MULTlDISTRICT LITIGATION.
MOP. abbr. MULTIDISCIPLINARY PRACTICE.
MDV. abbr. MOTION FOR DIRECTED VERDICT.
mean, adj. (l4c) 1. Ofor relating to an intermediate point
between two points or extremes <a mean position>. 2.
Medium in size <a mean height>. 3. (Of a value, etc.)
average <a mean score>. Cf. MEDIAN.
meander line (mee-an-d;tr). (1865) A survey line (not
a boundary line) on a portion ofland, usu. following
the course ofa river or stream. [Cases: Boundaries ~
12.]
mean high tide. See TIDE.
meaning. (14c) The sense ofanything, but esp. ofwords;
that which is conveyed (or intended to be conveyed)
by a written or oral statement or other communica
tive act. The word ordinarily includes a mistaken
but reasonable understanding of a communication.
Cf. AMBIGUITY.
objective meaning. The meaning that would be attrib
uted to an unambiguous document (or portion of a
document) by a disinterested reasonable person who
is familiar with the surrounding circumstances .
A party to a contract is often held to its objective
meaning, which it is considered to have had reason
to know, even if the party subjectively understood
or intended something else. [Cases: Contracts
147(1).]
plain meaning. The meaning attributed to a document
(usu. by a court) by giving the words their ordinary
sense, without referring to extrinsic indications ofthe

author's intent. Also termed ordinary meaning. See
PLAIN-MEANING RULE. [Cases: Contracts C=c 152.]
subjective meaning. The meaning that a party to a
legal document attributes to it when the document
is written, executed, or otherwise adopted. [Cases:
Contracts C=c 170(1).]
mean lower low tide. See TIDE.
mean low tide. See TIDE.
mean reserve. See RESERVE.
means, n. (l4c) 1. Available resources, esp. for the
payment of debt; income. Also termed means of
support. 2. Something that helps to attain an end; an
instrument; a cause.
means-combination daim. See PATENT CLAIM.
means ofsupport. See MEANS (1).
means-plus-fundion clause. Patents. An element in a
patent claim, usu. in a claim for an apparatus patent,
asserting that the claim element is a way to perform a
given function or is a step in the process ofperform
ing a given function . The claim will be interpreted as
including the structure or means stated in the patent
specification and equivalents at the time of interpre
tation or infringement, but not all possible means of
achieving the same function. 35 USCA  112 ~ 6.
Also termed means-plus-function element; means-plus
function claim. See combination patent under PATENT
(3). lCases: Patents (;::::: 101(8).]
mean trading price. See PRICE.
mearstone. See MERESTONE.
measure of damages. (18c) The basis for calculating
damages to be awarded to someone who has suffered
an injury . For example, the measure ofdamages in an
action on a penal bond is compensation for the actual
loss, not exceeding the established penalty. [Cases:
Damages C=c95-126.]
measuring life. (1922) Under the rule against perpetuit
ies, the last beneficiary to die who was alive at the tes
tator's death and who usu. holds a preceding interest.
 A measuring life is used to determine whether an
interest will vest under the rule against perpetuities.
See RULE AGAINST PERPETUITIES. Cf. LIFE IN BEING.
[Cases: Perpetuities (;::::4(1).]
measuring money. Hist. An extra duty collected on cloth.
 It was abolished during the reign of Henry IV.
mechanical license. See LICENSE.
mechanical rights. Copyright. The right to reproduce
a song in a phonorecord form, such as audiotape or
compact disc . Ihe right is obtained by paying a statu
tory royalty; it is not necessary to obtain the songwrit
er,s express permission. See MECHANICAL ROYALTY. Cf.
PERFORMANCE RIGHTS. [Cases: Copyrights and Intel
lectual Property C=c48.1.]
mechanical royalty. Copyright. The payment to which
a songwriter is entitled each time a mechanical-right
holder reproduces a song on a phonorecord . Mechan
ical-royalty rates are statutory, and payable per song or per minute (whichever is higher). Ifan artist is willing
to pay the statutory rate, the songwriter's permis
sion is not needed before a recording is made. If they
choose to, artists and songwriters may negotiate lower
royalty rates. 37 CFR  255. Also termed statutory
rate. [Cases: Copyrights and Intellectual Property(;:=:
48.1.]
mechanic's lien. See LIEN.
MED. abbr. OFFICE OF MEDICAL SERVICES.
medfee (med-fee). Hist. A bribe or reward; compensation
given for things exchanged of unequal value.
media concludendi (mee-dee-a kon-kloo-den-dr).
[Latin] Hist. Ihe steps ofan argument.
medial, adj. See INTERLOCUTORY.
median, adj. (15c) Located in or related to the precise
midpoint in a range of values or quantities, such that
half of them fall above the midpoint and halfbelow.
Cf. MEAN.
media nox (mee-dee-a noks), n. [Latin] Hist. Midnight.
medianus homo (mee-dee-ay-nas hoh-moh). [Latin]
Hist. A man ofmiddle fortune.
media sententia (mee-dee-a sen-ten-shee-a). [Latin]
Roman law. A middle view.
"The Proculeians held that specification, by changing the
form of the raw material, changed its nature, and replaced
it by something quite new, and that, therefore, the maker
of the new article was the owner of it, and not the person
to whom belonged the material of which it was made.
The Sabinians, on the other hand, were of opinion that
the material retained its original nature. and continued
to subsist, notwithstanding its change of form, and that,
accordingly, the new article belonged to the proprietor of
the material. Neither of these extreme views were adopted
by Justinian, who followed a middle opinion, based on this
distinction: 'If the thing made can be reduced to its former
rude materials, then the owner of the materials is also
conSidered the owner of the thing made; but if the thing
cannot be so reduced, then he who made it is the owner
of it.' Uust. Inst. B. 2, T. I,  25.)" John Trayner, Trayner's
Latin Maxims 349 (4th ed. 1894).
mediate datum (mee-dee-ay-tee day-tam). [Latin] An
intermediate fact whose existence implies the existence
of ultimate facts.
mediate descent. See DESCENT.
mediated settlement agreement. See SETTLEMENT (2).
mediate evidence. See secondary evidence under
EVIDENCE.
mediate possession. See POSSESSION.
mediate powers (mee-dee-it). (1820) Subordinate powers
incidental to primary powers, esp. as given by a prin
cipal to an agent; powers necessary to accomplish the
principal task <adjusting debt is a mediate power to
collecting debt>. Cf. PRIMARY POWERS.
mediate testimony. See secondary evidence under
EVIDENCE.
mediation (mee-dee-ay-shan), n. (14c) 1. A method of
nonbinding dispute resolution involving a neutral third
party who tries to help the disputing parties reach a

mutually agreeable solution; CONCILIATION. -Also
termed case evaluation;facilitated negotiation. Cf. COL
LABORATIVE LAW; COOPERATIVE LAW. [Cases: Alterna
tive Dispute Resolution (;::::>441.]2. Int'llaw. A process
whereby a neutral country helps other countries peace
fully resolve disputes between them. Cf. ARBITRA
TION. -mediate (mee-dee-ayt), vb. -mediatory
(mee-dee-<l-tor-ee), adj.
'The distinction between mediation and conciliation is
widely debated among those interested in ADR, arbitration,
and international diplomacy. Some suggest that concili
ation is 'a nonbinding arbitration,' whereas mediation is
merely 'assisted negotiation.' Others put it this way: con
ciliation involves a third party's trying to bring together
disputing parties to help them reconcile their differences,
whereas mediation goes further by allowing the third party
to suggest terms on which the dispute might be resolved.
Still others reject these attempts at differentiation and
contend that there is no consensus about what the two
words mean that they are generally interchangeable.
Though a distinction would be convenient, those who
argue that usage indicates a broad synonymy are most
accurate." Bryan A. Garner, A Dictionary of Modern Legal
Usage 554 (2d ed. 1995).
Mediation and Conciliation Service. A federal agency
that tries to prevent the interruption of commerce
resulting from labor disputes, by assisting parties in
settling their disputes through mediation and concili
ation. -The agency can intervene on its own motion or
on the motion ofa party to the dispute. -Also termed
Federal Mediation and


can intervene on its own motion or
on the motion ofa party to the dispute. -Also termed
Federal Mediation and Conciliation Service. 29 USCA
 172, 173.
mediator (mee-dee-ay-t<lr), n. (14c) A neutral person
who tries to help disputing parties reach an agreement.
Cf. ARBITRATOR. [Cases: Alternative Dispute Resolu
tion (';:::>470.]
mediators of questions. Hist. Six persons authorized
by 27 Edw. 3, St. 2, ch. 24 to settle disputes between
merchants.
Medicaid. (1966) A cooperative federal-state program
that pays for medical expenses for qualifying indi
viduals who cannot afford private medical services. _
The program is authorized under the Social Security
Act. -Also termed Medical Assistance; (in California)
MediCal. Cf. MEDICARE. [Cases: Health C--=>460-512.]
Medicaid-qualifying trust. See TRUST.
MediCal. See MEDICAID.
Medical Assistance. See MEDICAID.
medical directive. See ADVANCE DIRECTIVE (2).
medical-emergency exception. (1975) Criminal law. The
principle that a police officer does not need a warrant to
enter a person's home ifthe entrance is made to render
aid to someone whom the officer reasonably believes
to be in need ofimmediate assistance. [Cases: Searches
and Seizures
medical evidence. See EVIDENCE.
medical examiner. (1820) A public official who inves
tigates deaths, conducts autopsies, and helps the
state prosecute homicide cases. _ Medical examiners
have replaced coroners in many states. -Sometimes shortened to examiner. See CORONER. [Cases: Coroners
medical expense. See EXPENSE.
medical-expense reimbursement plan. See EMPLOYEE
BENEFIT PLAN.
medical jurisprudence. See FORENSIC MEDICINE.
medical lien. See healthcare lien under LIEN.
medical malpractice. See MALPRACTICE.
medical neglect. See NEGLECT.
medical probability. See REASONABLE MEDICAL PROB
ABILITY.
medicals. See medical expense (2) under EXPENSE.
Medicare. (1953) A federal program established under
the Social Security Act -that provides health insur
ance for the elderly and the disabled. Cf. MEDICAID;
MEDIGAP INSURANCE. [Cases: Health (;::::>520-554.]
"The Medicare Program is really three programs, Parts
A, B, and C. Part A, the Hospital Insurance program,
covers inpatient hospital, skilled nurSing, home health,
and hospice services .... Part B (Supplemental Medical
Insurance) benefits help pay for physician's services, outpa
tient hospital services, renal dialysis, speech and physical
therapy, ambulatory surgery, home health services, durable
medical equipment, rural health clinic services, compre
hensive outpatient rehabilitation facility services, and
some diagnostic tests .... Part C, the Medicare + Choice
managed care program, was established by the Balanced
Budget Act of 1997. Under the Medicare + Choice program,
Medicare contracts with a wide variety of prepaid health
plans on a risk basis to provide care to its beneficiaries."
Barry R. Furrow et aI., Health Law  11-1, at 538 (2d ed.
2000).
medicolegal (med-i-koh-Iee-gdl), adj. (1835) Involving
the application ofmedical science to law <the coroner's
medicolegal functions>. See FORENSIC MEDICINE.
medietas linguae (mi-dl-<l-tas ling-gwee), n. [Law Latin]
Hist. Half-tongue. -The term was applied to a jury
equally divided between natives and aliens. See DE
MEDIETATE LINGUAE.
mediety. See MOIETY (1).
medigap insurance. (1975) Slang. A private insurance
policy for Medicare patients to cover the costs not
covered by Medicare. Cf. MEDICARE.
medio. See DE MEDIO.
medio tempore (mee-dee-oh tem-pa-ree). [Latin] Hist.
In the meantime.
meditatio fugae (med-i-tay-shee-oh fyoo-jee). [Latin]
Scots law. The intention of absconding.
"When a creditor is in circumstances to make oath or affir
mation that his debtor, whether native or foreigner, is in
meditatione fugae, in order to avoid the payment of his
debt, or where he has reasonable ground for apprehend
ing that the debtor has such an intention, it is competent
for the creditor to apply to a magistrate, who, on inquir
ing into the circumstances, and finding reason to believe
that the creditor's application is well founded, will grant
a warrant for apprehending the debtor for examination;
and may afterwards grant warrant to imprison him until
he find caution judicio sisti." William Bell, Bell's Dictionary
and Digest of the Law ofScotland 711-12 (George Watson
ed., 7th ed. 1890).

1072 medium concludendi
medium concludendi (mee-dee-am kon-kloo-den-dI).
[Law Latin] Hist. The ground of action; the cause of
action.
mediumfilum. Seefilum aquae under FILUM.
medium impedimentum (mee-dee-dm im-ped-a-men
tam). [Law Latin "a mid-impediment"] Hist. An inter
vening circumstance that prevents a second event from
occurring as a result ofthe first one.
medium ofexchange. (18c) Anything generally accepted
as payment in a transaction and recognized as a
standard of value <money is a medium of exchange>.
Cf. EXCHANGE (2); CURRENCY; LEGAL TENDER. [Cases:
Payment
medium tempus (mee-dee-am tem-pas). [Latin "inter
mediate period"] Hist. See mesne profits under PROFIT
(1).
medium work. See WORK (1).
medletum (med-Iee-tdm), n. [Law Latin fro French mesler
"to mingle"] Hist. 1. A mixing together ofsomething. 2.
An affray or sudden encounter; a melee. 3. Interference
in a business matter.
medley (med-Iee). An affray; sudden or casual fighting.
Cf. CHANCE-MEDLEY.
med. mal. See medical malpractice under MALPRAC
TICE.
meer dreit (meer drayt or dreet). See MERE RIGHT.
meeting, n. (14c) Parliamentary law. The gathering of
people to discuss or act on matters in which they have
a common interest; esp. the convening ofa deliberative
assemblv to transact business. - A deliberative assem
bly's me~tingbegins with a call to order and continues
until the assembly adjourns. See call to order under
CALL (1); ADJOURN (2). Cf. SESSION. -meet, vb.
"The distinction should be noted between the assembly
(that is, the body of people who assemble) and the meeting
(which is the event of their being assembled to transact
business)." Henry M. Robert, Robert's Rules ofOrder Newly
Revised  1, at 2 (10th ed. 2000).
adjourned meeting. 1. See continued meeting. 2. A
meeting that has adjourned. -These two senses are
opposite in meaning, so the term "continued meeting"
is preferable for sense 1.
annual meeting. A yearly meeting to elect or install
officers or directors and to conduct other routine
organizational business. -An organization's govern
ing documents usu. specify the time and place ofsuch
a meeting. [Cases: Corporations C=>193.1
business meeting. A formal meeting called for consid
ering business, as opposed to a purely educational or
social event. - A business meeting may fall within a
program that also includes social and informational
events. See PROGRAM (1).
called meeting. See special meeting.
continued meeting. A meeting that will be or has been
resumed after a recess (or a so-called adjournment,
which may last for several days but is still techni
cally a recess, since it does not end the meeting). _ A continued meeting is technically not an "adjourned
meeting," and an "adjourned meeting" may also mean
a meeting that has adjourned, so the term "contin
ued meeting" is preferable. -Also loosely termed
adjourned meeting. See RECESS (2).
creditors' meeting. Bankruptcy. The first meeting
of a debtor's creditors and equity security holders,
presided over by the u.s. Trustee and at which a bank
ruptcy trustee may be elected and the debtor may be
examined under oath. 11 USCA  341. Also termed
meeting ofcreditors; 341 meeting;first meeting ofcredi
tors. [Cases: BankruptcyC=>3024.j
mass meeting. A meeting of an unorganized body
called to discuss a particular issue or to organize for
a particular purpose and usu. open to anyone inter
ested in that issue or purpose.
organizational meeting. 1. A mass meeting that estab
lishes a permanent or ongoing organization. 2. A
meeting that begins an ongoing organization's pro
ceedings under its regular order, such as adopting
governing documents and electing usu. fol
lOWing a mass meeting and an interval when the orga
nization operates under provisional officers while its
governing documents are drafted. -Ifthe organiza
tional meeting is for a corporation and the articles of
incorporation name the initial directors, the directors
hold the meeting. Otherwise, the incorporator holds
the meeting. [Cases: Corporations <.''';:::'24.]3. The first
meeting after a dissolution, at which a newly recon
stituted deliberative assembly such as a legislative
body or a convention whose members are assuming
the seats to which they have been elected or re-elected
for a new term -elects officers, adopts rules, and
otherwise organizes for the new session.
regular meeting. A periodic meeting held at a time set
in an organization's governing documents or under
a standing rule or schedule that the deliberative
assembly has adopted. -Also termed stated meeting.
Cf. special meeting.
special meeting. A meeting that is not a regular
meeting; a meeting called for a particular purpose,
usu. between regular meetings. -Also termed called
meeting. Cf. regular meeting. [Cases: Corporations
C=> 194,298(3).]
stated meeting. See regular meeting.
341 meeting. See creditors' meeting.
meeting-competition defense. Antitrust. A defense to a
charge of price discrimination whereby the defendant
shows that the lower price was a good-faith attempt
to match what it believed to be a competitor's equally
low offer.
meeting of creditors. See creditors' meeting under
MEETING.
meeting of the minds. (1830) Contracts. Actual
assent by both parties to the formation of a contract,
meaning that they agree on the same terms, condi
tions, and subject matter. _ This was required under

1073
the traditional subjective theory ofassent, but modern
contract doctrine requires only objective manifesta
tions of assent. -Also termed mutuality ofassent;
aggregatio mentium; assensio mentium. See mutual
assent. under ASSENT. [Cases: Contracts
megalopolis (meg-d-Iop-d-lis). A heavily populated, con
tinuous urban area that is one vast city or composed of
several cities and towns.
Megan's law (meg-dnz or may-gdnz). (1994) A statute that
requires sex offenders who are released from prison to
register with a local board and that provides the means
to disseminate information about the registrants to the
community in which they dwell. -Although many of
these statutes were enacted in the late 19805, they took
their popular name from Megan Kanka of New Jersey,
a seven-year-old who in 1994 was raped and murdered
by a twice-convicted sex offender who lived across
the street from her house. All states have these laws,
but only some require community notification (as by
publishing offenders' pictures in local newspapers);
in others, people must call a state hotline or submit
names of persons they suspect. The federal version of
Megan's law may be found at 42 USCA  1407l. -Also
termed registration and community-notification law;
community-notification law. Cf. JACOB WETTER LING
CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT
OFFENDER REGISTRATION ACT. [Cases: Mental Health
C=-'452,469.]
meigne (mayn), n. [Law French] Hist. See MEINY.
meindre age (min-ddT ayj or azh), n. [Law French] Hist.
Lesser age; minority. See MINORITY (1).
meiny (may-nee), n. [Law Frenc.h] Hist. A family, esp.
a royal household. -Also spelled meinej meinie;
meigne.
melior (mee-Iee-dr), adj. [Latin] Better; the better, as in
melior res ("the better thing or chattel").
meliorations (meel-ya-ray-shdnz). 1. Scots law. Improve
ments other than repairs made to an estate by
a tenant or liferenter. -The cost of meliorations is
not recoverable from the landlord or fiar. 2. Lasting
improvements.
melioribus damnis. See DE MELIORIBUS DAMNIS.
melius inquirendum (mee-lee-ds in-kwd-ren-ddm), n.
[Law Latin "to be better inquired into"] Hist. A writ
ordering the escheator to investigate a matter further,
as by inquiring who is the next heir ofa party who died
seised oflands.
Melson formula. Family law. A method of calculating
a noncustodial parent's child-support obligation to
ensure that (1) neither parent falls below the


method of calculating
a noncustodial parent's child-support obligation to
ensure that (1) neither parent falls below the poverty
level in meeting child-support obligations, and (2)
a child of a wealthier noncustodial parent shares in
that parent's higher standard ofliving. _ Named for
Judge Elwood F. Melson of Delaware Family Court,
the formula has been adopted in several states, such as
Delaware, Hawaii, Montana, and West Virginia. The
formula works as follows. A self-support reserve is first members' scheme of arrangement
deducted from the parent-obligor's net income. Next,
a primary support amount per child is calculated at
an established subsistence level, added to actual work
related child-care expenses, and allocated between
the parents. After deducting the support obligor's
self-support reserve and pro rata share of the child's
adjusted primary support amount, a percentage of the
obligor's remaining income is allocated to additional
child support as a cost-of-living adjustment. Total child
support is determined by adding together the noncus
todial parent's share of primary support and the stan
dard-of-living allowance. [Cases: Child Support C=:
89,90, 146.]
member. (l4c) 1. Parliamentary law. One of the individu
als of whom an organization or a deliberative assembly
consists, and who enjoys the full rights ofparticipating
in the organization -including the rights of making,
debating, and voting on motions -except to the extent
that the organization reserves those rights to certain
classes of membership.
charter member. A member who was a member when
the charter was granted or adopted; a founder.
full member. See voting member.
informational member. See norlvoting member.
limited member. See nonvoting member.
member ex officio. A member who serves (on a board or
committee) by virtue of holding an office, and whose
membership will therefore pass with the office to his
or her successor. -Also termed ex officio member.
See EX OFFICIO.
nonvoting member. A member whose rights do not
include the right of voting on the organization's or
assembly's business. Also termed informational
member.
voting member. A fully enfranchised member, as dis
tinguished from a nonvoting member. -Also termed
full member.
2. Military law. A person assigned to a court-martial
to determine guilt and punishment. [Cases: Military
Justice (;:J870-871, 879.J
member bank. See BANK.
member firm. Securities. A brokerage firm with at least
one director, officer, or general partner who holds a seat
in an organized securities exchange. -Also termed
(if organized as a corporation) member corporation.
[Cases: Exchanges C=:5-9.]
member ofa crew. See SEAMAN.
member of Congress. An elected official who sits in
either the U.S. Senate or the House of Representatives.
-lbe official may be appointed to fill an unexpired
term. -Abbr. Me. [Cases: United States C=:7.1.]
member ofParliament. A person with the right to sit in
one of the two houses of Parliament. Abbr. MP.
membership committee. See COMMITTEE.
members' scheme of arrangement. See SCHEME OF
ARRANGEMENT.

1074 membrana
membrana (mem-bray-na), n. [Latin "parchment"]
Hist. 1. A skin of parchment. 2. A notebook of leaves
ofparchment. _ The English rolls were made of several
types of parchment and the term membrana was used
in referring to them.
membrum (mem-br;lm), n. [Latin "limb"] A division of
something, esp. a slip or small piece ofland.
memdispo (mem-dis-poh). Slang. See memorandum
opinion under OPINION (1).
memorandum. (15c) 1. An informal written note or
record outlining the terms ofa transaction or contract
<the memorandum indicated the developer's intent to
buy the property at its appraised value>. -To satisfy
the statute of frauds, a memorandum can be written
in any form, but it must (1) identify the parties to the
contract, (2) indicate the contract's subject matter, (3)
contain the contract's essential terms, and (4) contain
the signature of the party against whom enforcement
is sought. Also termed memorial; note. See STATUTE
OF FRAUDS. [Cases: Contracts C~32; Frauds, Statute
Ofe:.;:103, 105.J 2. An informal written communica
tion used esp. in offices <the firm sent a memorandum
reminding all lawyers to turn in their timesheets>.
Often shortened to memo. 3. A party's written state
ment of its legal arguments presented to the court,
usu. in the form of a brief <memorandum oflaw>. PI.
memoranda, memorandums.
analytical memorandum. See research memoran
dum.
closed memorandum. A memorandum prepared by a
law student using only given facts and the materials,
usu. a collection ofcases, in a packet provided to the
student. Also termed closed memo; closed-universe
memo.
open memorandum. A memorandum prepared by a
law student based on a given set of facts and using
any available resources for research. Also termed
open memo.
persuasive memorandum. A memorandum written
to sway the reader to accept the writer's position on
a stated problem.
research memorandum. A memorandum whose
purpose is analyze a legal issue and inform the reader
about possible approaches and outcomes. -This type
of memorandum is usu. an in-house document.
Also termed analytical memorandum.
memorandum articles. Marine insurance. Goods
described in the memorandum clause. See MEMORAN
DUM CLAUSE. [Cases: Insurance 2241.]
memorandum check. See CHECK.
memorandum clause. A marine-insurance clause pro
tecting underwriters from liability for injury to goods
that are particularly perishable, or for minor damages.
[Cases: Insurance ~2235, 2241.]
"This clause was first introduced into the English [marine
insurance) policies about the year 1749. Before that time
the insurer was liable for every injury. however small, that
happened to the thing insured.... The memorandum clause ... usually declares that the enumerated articles,
and any other articles that are perishable in their own
nature, shall be free from average under a given rate,
unless general, or the ship be stranded. In consequence of
this exception, all small partial losses, however inconsider
able, are to be borne by a general average, provided they
were incurred in a case proper for such an average .. , ,"
3 James Kent, Commentaries on American Law *294-95
(George Comstock ed., 11th ed. 1866).
memorandum decision. See memorandum opinion
under OPINION (1).
memorandum disposition. See memorandum opinion
under OPINION (1).
memorandum in error. A document alleging a factual
error, usu. accompanied by an affidavit of proof.
memorandum of alteration. English law. A patentee's
disclaimer of certain rights such as rights to part
of an invention that is not new and useful -to avoid
losing the whole patent. _ Until the mid-19th century,
ifa single patent was granted for two inventions, one of
which was not new and useful, the entire patent would
be defective.
memorandum of associatiou. English law. A legal
document setting up a corporation -either with or
without limited liability and including the com
pany's name, purpose, and duration. See ARTICLES OF
INCORPORATION.
memorandum of intent. See LETTER OF INTENT.
memorandum of understanding. See LETTER OF
INTENT. -Abbr. MOU.
memorandum opinion. See OPINION (1).
memorandum sale. See SALE.
memorial, n. (l7e) 1. An abstract of a legal record, esp.
a deed; MEMORANDUM (1). [Cases: Records 2. A
written statement of facts presented to a legislature or
executive as a petition.
memoriter (m;l-mor-;l-t;:}r), adv. [Latin "with an accurate
memory"] From memory; by recollection. -Memoriter
proofofa written instrument is furnished by the recol
lection of a witness who knew the instrument.
menacing, n. (14c) An attempt to commit common-law
assault. _ The term is used esp. in jurisdictions that
have defined assault to include battery. See ASSAULT.
[Cases: Assault and Battery C=>61; Extortion and
Threats
mendacity (men-das-a-tee), n. (16c) 1. Ihe quality of
being untruthful. 2. A lie; falsehood. mendacious
(men-day-shds), adj.
mendicatorie (men-di-ka-tor-ee-ee). [Law Latin] Hist.
As a supplicant or beggar.
mend-the-hold doctrine. The principle that a non
performing party's defense in a breach-of-contract
action must be raised before the close of evidence. - A
minority ofcourts limit a defendant to the first defense
raised after litigation begins, unless the defendant can
show a good-faith basis for a new defense. Most courts
allow the defendant to raise several defenses as long as

1075 mera facta quae in meris faciendi finibus consistunt
each defense is based on the reason given for nonper
formance when the breach occurred. The term comes
from 19-century wrestling jargon, "mend the hold"
meaning "get a better grip on your opponent." [Cases:
Estoppel (;=>68(2).]
men of straw. Hist. False witnesses who wandered
around courts and were paid to give untrue testimony.
_ They stuffed straw into their shoes so that advocates
could recognize them. See STRAW MAN (4).
mens (menz), n. [Latin) Mind; intention; wilL
mensa. See MANAGIUM.
mensa et thoro (men-sd et thor-oh). [Latin] Bed and
board. See A MENSA ET THORO; divorce a mensa et thoro
under DIVORCE.
mensalia (men-say-Iee-d), n. [fro Latin mensa "a table"]
Parsonages; spiritual livings. -Also termed mensal
benefices.
mensis (men-sis), n. [Latin] Roman hw. A month.
mens legis (menz lee-jis). [Latin "the mind of the law"]
The spirit or purpose ofa law.
mens legislatoris (menz lej-is-Id-tor-is). [Latin "the
intention ofthe lawmaker"] Legislative intent.
mensor (men-sor), n. [fro Latin metiri "to measure"]
Roman law. A measurer ofland; a surveyor.
mens rea (menz ree-d). [Law Latin "guilty mind"] (1861)
The state ofmind that the prosecution, to secure a con
viction, must prove that a defendant had when commit
ting a crime; criminal intent or recklessness <the mens
rea for theft is the intent to deprive the rightful owner of
the property>. -Mens rea is the second oftwo essential
elements ofevery crime at common law, the other being
the actus reus. Also termed mental element; criminal
intent; guilty mind. PI. mentes reae (men-teez ree-ee).
Cf. ACTUS REUS. [Cases: Criminal Law C='20.]
"There are only two states of mind which constitute mens
rea, and they are intention, and recklessness." J.w. Cecil
Turner, Kenny's Outlines of Criminal Law 29-30 06th ed.
1952).
"Most English lawyers would however now agree with Sir
James Fitzjames Stephen that the expression mens rea is
unfortunate, though too firmly established to be expelled,
just because it misleadingly suggests that, in general,
moral culpability is essential to a crime, and they would
assent to the criticism expressed by a later judge that the
true translation of mens rea is 'an intention to do the act
which is made penal by statute or by the common law:
[Allard V. Selfridge, (1925) 1 K.B. at 137 (per Shearman, J)]."
H.L.A. Hart, "Legal Responsibility and Excuses," in Punish
ment and Responsibility 28, 36 (1968).
"Some years ago the mens-rea doctrine was criticized on
the ground that the Latin phrase is 'misleading.' If the
words 'mens rea' were to be regarded as selfexplanatory
they would be open to this objection, but they are to be
considered merely as a convenient label which may be
attached to any psychical fact sufficient for criminal guilt
(in connection with socially harmful conduct). This includes
a field too complex for any brief self-explanatory phrase,
and since it is important to have some sort of dialectic
shorthand to express the idea, this time honored label will
do as well as any." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 826-27 (3d ed. 1982). mensularius (men-sd-lair-ee-ds), n. [fro Latin mensa
"a table"] Roman law. A dealer in money; a money
changer; a banker.
mensura (men-s[y]oor-d), n. [Latin] Hist. A measure.
mensura domini regis (men-s[y]oor-d dom-d-llI ree-jis).
[Law Latin "the measure of our lord the king"] Hist.
The standard weights and measures established under
Richard I, in his Parliament at Westminster in 1197.
"Thus, under king Richard I, in his parliament holden at
Westminster, A.D. 1197, it was ordained that there shall
be only one weight and one measure throughout the
kingdom, and that the custody of the assise or standard
of weights and measures shall be committed to certain
persons in every city and borough .... In king John's time
this ordinance of king Richard was


measures shall be committed to certain
persons in every city and borough .... In king John's time
this ordinance of king Richard was frequently dispensed
with for money which occasioned a provision to be made
for enforCing it .... These original standards were called
pondus regis, and mensura domini regis; and are directed
by a variety of subsequent statutes to be kept in the exche
quer, and all weights and measures to be made conform
able thereto:' 1 William Blackstone, Commentaries on the
Laws ofEngland 265-66 (1765).
mental abuse. See emotional abuse under ABUSE.
mental anguish. See EMOTIONAL DISTRESS.
mental capacity. See CAPACITY (3).
mental cruelty. See CRUELTY.
mental distress. See EMOTIONAL DISTRESS.
mental element. See MENS REA.
mental evaluation. 1. See INDEPENDENT MENTAL EVALU
ATION. 2. See PSYCHIATRIC EXAMINATION.
mental examination. See PSYCHIATRIC EXAMINATION.
mental illness. (1847) 1. A disorder in thought or mood
so substantial that it impairs judgment, behavior,
perceptions of reality, or the ability to cope with the
ordinary demands oflife. [Cases: Mental Health
3.] 2. Mental disease that is severe enough to necessi
tate care and treatment for the afflicted person's own
welfare or the welfare ofothers in the community.
mental incompetence. See INCOMPETENCY.
mental-process privilege. See DELIBERATIVE-PROCESS
PRIVILEGE.
mental reservation. (17c) One party's silent understand
ing or exception to the meaning ofa contractual provi
sion. [Cases: Contracts C=,14,15.]
mental shock. See SHOCK.
mental suffering. See EMOTIONAL DISTRESS.
mente captus (men-tee kap-tds). [Latin "captured in
mind"] Persons who are habitually insane.
mentes reae (men-teez ree-ee). pl. MENS REA.
mentiri (men-tI-n). vb. [Latin] To lie.
mentition (men-tish-dn), n. [fro Latin mentitio "lying"]
(17c) The act oflying.
mentor judge. See JUDGE.
MEPA. abbr. MULTIETHNIC-PLACEMENT ACT OF 1994.
merafacta quae in meris faciendi finibus consistunt
(meer-;l fak-td kwee in meer-is fay-shee~en-dI fin-d

bas k;m-sis-tmt). [Latin] Hist. Mere acts consisting in
bare performance.
mera noctis (meer-a nok-tis), n. [Latin "middle of the
night"] Midnight.
mercantile (mar-kan-teel or -tIl or -til), adj. (17c) Ofor
relating to merchants or trading; commercial <the mer
cantile <""to>,.,.,,>
mercantile agent. See AGENT (2).
mercantile law. See COMMERCIAL LAW (1).
Mercantile Law Amendment Acts. The Mercantile Law
Amendment Act of 1856 (19 & 20 Vict., chs. 60, 97)
and the Mercantile Law Amendment Act (Scotland) of
1856, passed primarily to reconcile parts ofthe mercan
tile laws of England, Scotland, and Ireland.
mercantile paper. See commercial paper (1) under
PAPER.
mercative (mar-kay-tiv), adj. [fro Latin mercatum "a
market"] Scots law. Belonging to trade.
mercatum (mar-kay-tam), n. [Law Latin] A market; a
contract ofsale; a bargain.
mercedary (mar-sa-der-ee), n. [Latin] An employer; one
who hires.
mercenarius (mar-sa-nair-ee-as), n. [Latin) 1. An
employee; a servant. 2. A soldier of fortune. -Also
spelled mercennarius.
mercenary (mar-sa-ner-ee). (14c) Int'llaw. A profes
sional soldier hired by someone other than his or her
own government to fight in a foreign country.
mercenlage (mar-san-law). [fro Saxon myrcnalag] The law
of the Mercians . This was one of the three principal
legal systems prevailing in England at the beginning
of the lith century. It was observed in many midland
counties and those bordering on Wales. -Also spelled
merchenlage (mar-sh.m-law), Also termed lex mercio
rum (leks mar-shee-or-am); Mercian law (mar-shee-an
or mar-shan). See DANELAW; WEST SAXON LAW.
"[Ajbout the beginning of the eleventh centtJry there were
three principal systems of laws prevailing in different
districts .... The Mercen-Lage, or Mercian laws, which
were observed in many of the midland counties, and those
bordering on the principality of Wales; the retreat of the
ancient Britons; and therefore very probably intermixed
with the British or Druidical customs." 1 William Blackstone,
Commentaries on the Laws ofEngland 65 (1765).
merces (mar-seez), n. [Latin] Roman law. 1. An agreed
payment for a thing or services specifically contracted
for; rent, hire.
'There must be consent. a thing let, and an agreed payment
(merces) .... The merces must be certain and Justinian's
texts say that, as in sale, it must be money. But there is not
the same difficulty here, and Gaius does not state such a
rule. It is possible that it did not exist in claSSical law and.
even under Justinian, some cases cannot be reconciled with
the rule. The rent of land might be in produce and even
a fraction of the crop. This last conflicts with the rule of
Gaius that it must be certain: it is held by some writers
that the text is interpolated, by others that the relation
was not really locatio conductiO, but societas (partnership).
The merceswas not usually a lump sum: more often itwas a series of periodical payments." WW. Buckland, A Manual
of Roman Private Law 289-90 (2d ed. 1939).
2. A reward, esp. for a gratuitous service. Cf. HONO
RARIUM.
"A recompense paid for any kind of services, without a
preceding agreement (e.g., for saving one's life) is also
called merces." Adolf Berger, Encyclopedic Dictionary of
Roman Law 581 (1953).
merchandise (m;lr-chan-dIZ also -dIS). (13c) 1. In general,
a movable object involved in trade or traffic; that which
is passed from one person to another by purchase and
sale. 2. In particular, that which is dealt in by mer
chants; an article of trading or the class of objects in
which trade is carried on by physical transfer; collec
tively, mercantile goods, wares or commodities, or any
subjects ofregular trade, animate as well as inanimate.
 This definition generally excludes real estate, ships,
intangibles such as software, and the like, and does not
apply to money, stocks, bonds, Dotes, or other mere
representatives or measures ofactual commodities or
values. -Also termed (in senses 1 and 2) article ofmer
chandise. 3. Purchase and sale; trade; dealing,
or advantage from dealing.
merchandise broker. See BROKER.
Merchandise Marks Acts. Hist. An 1887 statute (50 & 51
Vict., ch. 28) making it a misdemeanor to fraudulently
mark merchandise for sale or to sell merchandise so
marked. This statute was repealed in 1968.
merchant. (Be) One whose business is buying and selling
goods for profit; esp. a person or entity that holds itself
out as having expertise peculiar to the goods in which
it deals and is therefore held by the law to a higher
standard of expertise than that of a nonmerchant.
Because the term relates solely to goods, a supplier of
services is not considered a merchant. [Cases: Sales (;::::c
15.1.]
"The definition of 'merchant' in [UCCI Section 2-104(1)
identifies two separate but often interrelated criteria: Does
the seller 'deal in goods' of that kind, or does the seller
'otherwise by his occupation' hold himself out as having
special knowledge with respect to the goods? It should be
emphasized that the drafters have placed these two criteria
in the alternative by use of the word 'or.' Thus, the defini
tion dearly catches all those who regularly sell inventory
even though they may have no expertise regarding the
particular product. This would include distributors, whole
salers. and retail dealers, Dealers who sell prepackaged
goods containing a defect over which they have no control
might be surprised to learn that they have given an implied
warranty of merchantability with respect to the goods, but
such is the law." Barkley Clark &Christopher Smith, The Law
ofProduct Warranties  5.02[1], at 5-25 (1984).
merchantable (m;lr-ch;mt-a-bal), adj. (15c) Fit for sale
in the usual course oftrade at the usual selling prices;
MARKETABLE. -Also termed salable. See implied
warranty of merchantability under WARRANTY (2).
[Cases: Sales (;::::c272.] merchantability, n.
merchantable title. See marketable title under TITLE
(2).
merchant appraiser. An expert appointed by a customs
officer to reexamine and revalue imported goods for

customs purposes . lhe appraiser is usu. an experi
enced merchant who deals in or has dealt in goods of
the character and quality ofthose at issue. An appraiser
is appointed only when an importer requests one.
[Cases: Customs Duties
merchant exception. (1973) Contracts. In a sale ofgoods,
an exemption from the statute of frauds whereby a
contract between merchants is enforceable if, within a
reasonable time after they reach an oral agreement, a
written confirmation of the terms is sent, to which the
recipient does not object within ten days of receiving it.
 The only effect offailing to object to the written con
firmation is that the recipient will be precluded from
relying on the statute offrauds or the lack of a formal,
written agreement as a defense to a breach-of-con
tract claim. The party seeking to enforce an agreement
must still prove that an agreement was reached. UCC
 2-201. [Cases: Frauds, Statute ofC=:> 127.J
merchant lessee. See LESSEE.
merchantman. Archaic. A vessel employed in foreign or
interstate commerce or in the merchant service.
merchant's accounts. Current, mutual accounts between
merchants showing debits and credits for merchan
dise.
merchant's defense. (1972) The principle that a store
owner will not be held liable for reasonably detaining
a suspected shoplifter, to facilitate an investigation by
a law-enforcement officer, if probable cause exists to
suspect the detained person of wrongfully removing
merchandise from the store. [Cases: False Imprison
ment 13.J
merchant seaman. See SEAMAN.
merchant's firm offer. See irrevocable offer under
OFFER.
Merchant Shipping Acts. English statutes to improve
shipping conditions by, among other things, vesting
the supervision of merchant shipping in the board of
trade.
merchet (mar-chet). See MARCHET.
mercheta. See MARCHET.
merchetnm. See MARCHET.
merciament (mar-see-,,-m;mt). Archaic. See AMERCE
MENT.
Mercian law. See MERCENLAGE.
Mercimoniatus Angliae (m3r-s3-moh-nee-ay-t3s ang
glee-ee). [Law Latin] Hist. English customs duties on
merchandise brought into the country.
Mercosur. A common market of South American nations
created to facilitate free trade among members . The
entity was created by the Treaty of Asuncion in 1991.
The charter nations were Argentina, Brazil, Paraguay,
and Uruguay. Also termed Southern Common
Market.
mercy. (13c) Compassionate treatment, as of criminal
offenders or of those in distress; esp. imprisonment, rather than death, imposed as punishment for capital
murder. See CLEMENCY.
mercy killing. See EUTHANASIA.
mercy rule. (1981) Evidence. The principle that a defen
dant is entitled to offer character evidence as a defense
to a criminal charge . This type of evidence is often
offered by the defendant's friends and relatives. Fed. R.
Evid. 404(a)(1). [Cases: Criminal Law
mere (mair or mer), n. [Law French) Mother, as in the
phrase en ventre sa mere ("in its mother's womb").
mere-continuation doctrine. A principle under which
a successor corporation will be held liable for the acts
of a predecessor corporation, if only one corporation
remains after the transfer of assets, and both corpo
rations share an identity of stock, shareholders, and
directors. Also termed continuity-oi-entity doctrine.
Cf. SUBSTANTIAL-CONTINUITY DOCTRINE. [Cases: Cor
porations C)445.L]
mere-evidence rule. Criminal procedure. The former
doctrine that a search warrant allows seizure of the
instrumentalities of the crime (such as a murder
weapon) or the fruits of the crime (such as stolen
goods), but does not permit the seizure of items that
have evidentiary value only (such as incriminating doc
uments). The Supreme Court has abolished this rule,
and today warrants may be issued to search for and
seize all evidence of a crime. Warden v. Hayden, 387
U.S. 294, 87 S.Ct. 1642 (1967); Fed


7
U.S. 294, 87 S.Ct. 1642 (1967); Fed. R. Crim. P.41(b).
[Cases: Searches and Seizures ~102.]
mere license. See bare license under LICENSE.
mere licensee. See bare licensee under LICENSEE.
mere motu. See EX MERE MOTU.
mere right. An abstract right in property, without pos
session or even the right ofpossession. Also termed
jus merum; merum jus; meer dreit.
"The mere right of property, the jus proprietatis, Without
either possession or even the right of possession. This
is frequently spoken of in our books under the name of
the mere right, jus merum; and the estate of the owner
is in such cases said to be totally devested, and put to a
right. A person in this situation may have the true ultimate
property of the lands in himself: but by the intervention
of certain Circumstances, either by his own negligence,
the solemn act of his ancestor, or the determination of
a court of justice, the presumptive evidence of that right
is strongly in favour of his antagonist; who has thereby
obtained the absolute right of possession .... The heir
therefore in this case has only a mere right, and must be
strictly held to the proof of it, in order to recover the lands."
2 William Blackstone, Commentaries on the Laws ofEngland
197-98 (1766).
merestone (meer-stohn). Archaic. A stone that marks
land boundaries. -Also spelled mearstone.
meretricious (mer-3-trish-3s), adj. (17c) 1. Involv
ing prostitution <a meretricious encounter>. 2. (Of a
romantic relationship) involving either unlawful sexual
connection or lack ofcapacity on the part ofone party
<a meretricious marriage>. 3. Superficially attractive
but fake nonetheless; alluring by false show <meretri
cious advertising claims>.

1078 meretricious relationship
meretricious relationship. Archaic. A stable, marriage
like relationship in which the parties cohabit knowing
that a lawful marriage between them does not exist.
[Cases: Marriage C=>54(1).]
mergee (mar-jee). A participant in a corporate merger.
merger. (I8c) 1. The act or an instance of combining or
uniting. 2. Contracts. The substitution of a superior
form ofcontract for an inferior form, as when a written
contract supersedes all oral agreements and prior
understandings. See INTEGRATION (2). [Cases: Con
tracts C=>245.]
"Where two parties have made a simple contract for any
purpose, and afterwards have entered into an identical
engagement by deed, the simple contract is merged in the
deed and becomes extinct. This extinction of a lesser in a
higher security, like the extinction of a lesser in a greater
interest in lands, is called merger." William R. Anson, Prin
ciples of the Law of Contract 85 (Arthur L. Corbin ed., 3d
Am. ed. 1919).
3. Contracts. The replacement of a contractual duty
or of a duty to compensate with a new duty between
the same parties, based on different operative facts,
for the same performance or for a performance dif
fering only in liquidating a duty that was previously
unliquidated. 4. Property. The absorption of a lesser
estate into a greater estate when both become the same
person's property. Cf. SURRENDER (3). [Cases: Estates
in Property C=> 10.]
"[Ilt would be absurd to allow a person to have two distinct
estates, immediately expectant on each other, while one
of them includes the time of both .... There would be an
absolute incompatibility in a person filling, at the same
time, the characters of tenant and reversioner in one and
the same estate; and hence the reasonableness, and even
necessity, of the doctrine of merger." 3 James Kent, Com
mentaries on American Law *99 (George Comstock ed.,
11th ed. 1866).
5. Criminal law. The absorption of a lesser included
offense into a more serious offense when a person is
charged with both crimes, so that the person is not
subject to double jeopardy . For example, a defendant
cannot be convicted of both attempt (or solicitation)
and the completed crime -though merger does not
apply to conspiracy and the completed crime. -Also
termed merger ofoffenses. [Cases: Criminal Law C=>
30.] 6. Civil procedure. The effect ofa judgment for the
plaintiff, which absorbs any claim that was the subject
ofthe lawsuit into the judgment, so that the plaintiff's
rights are confined to enforcing the judgment. Cf. BAR
(5). [Cases: Judgment C=> 582.] 7. The joining of the
procedural aspects of law and equity. 8. The absorp
tion ofone organization (esp. a corporation) that ceases
to exist into another that retains its own name and
identity and acquires the assets and liabilities of the
former. Corporate mergers must conform to statutory
formalities and usu. must be approved by a majority
of the outstanding shares. -Also termed corporate
merger. Cf. CONSOLIDATION (4); BUYOUT. [Cases: Cor
porations C=>581.]
bust-up merger. A merger in which the acquiring
corporation sells off lines ofbusiness owned by the target corporation to repay the loans used in the
acquisition.
cash merger. A merger in which shareholders of the
target company must accept cash for their shares.
Also termed cash-out merger; freeze-out merger.
[Cases: Corporations C=>584.]
conglomerate merger. A merger between unrelated
businesses that are neither competitors nor custom
ers or suppliers of each other. [Cases: Antitrust and
Trade Regulation C=>769.]
"A merger which is neither vertical nor horizontal is a con
glomerate merger. A pure conglomerate merger is one in
which there are no economic relationships between the
acquiring and the acquired firm. Mixed conglomerate
mergers involve horizontal or vertical relationships, such
as the acquisition of a firm produCing the same product
as the acquirer but selling it in a different geographical
market, which is not a horizontal merger because the
merging companies are not competitors ...." 54 Am.
Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade
Practices  169, at 226 (1996).
de facto merger (di fak-toh). A transaction that has
the economic effect of a statutory merger but that is
cast in the form of an acquisition or sale of assets
or voting stock.  Although such a transaction does
not meet the statutory requirements for a merger, a
court will generally treat it as a statutory merger for
purposes ofthe appraisal remedy. [Cases: Corpora
tions C=>445.1.]
downstream merger. A merger ofa parent corporation
into its subsidiary.
forward triangular merger. See triangular merger.
freeze-out merger. See cash merger.
horizontal merger. A merger between two or more
businesses that are on the same market level because
they manufacture similar products in the same geo
graphic region; a merger of direct competitors.
Also termed horizontal integration.
product-extension merger. A merger in which the
products of the acquired company are complemen
tary to those of the acquiring company and may be
produced with similar facilities, marketed through the
same channels, and advertised by the same media.
reverse triangular merger. A merger in which the
acquiring corporation's subsidiary is absorbed into
the target corporation, which becomes a new sub
sidiary ofthe acquiring corporation. -Also termed
reverse subsidiary merger.
short-form merger. A statutory merger that is less
expensive and time-consuming than an ordinary
statutory merger, usu. permitted when a subsidiary
merges into a parent that already owns most of the
subsidiary's shares. Such a merger is generally
accomplished when the parent adopts a merger reso
lution, mails a copy of the plan to the subsidiary's
record shareholders, and files the executed articles
of merger with the secretary of state, who issues a
certificate ofmerger.

1079 mesne
statutory merger. A merger provided by and conducted
according to statutory requirements.
stock merger. A merger involving one company's
purchase of another company's capital stock.
triangular merger. A merger in which the target cor
poration is absorbed into the acquiring corporation's
subsidiary, with the target's shareholders receiving
stock in the parent corporation. -Also termed sub
sidiary merger;forward triangular merger.
upstream merger. A merger of a subsidiary corpora
tion into its parent.
vertical merger. A merger between businesses occupy
ing different levels ofoperation for the same product,
such as between a manufacturer and a retailer; a
merger ofbuyer and seller.
9. The merger of rights and duties in the same person,
resulting in the extinction of obligations; esp. the
blending ofthe rights ofa creditor and debtor, resulting
in the extinguishment ofthe creditor's right to collect
the debt. As originally developed in Roman law, a
merger resulted from the marriage of a debtor and
creditor, or when a debtor became the creditor's heir.
Also termed confusion; confusion ofdebts; confusion of
rights. Cf. CONFUSION OF TITLES. 10. The absorption
of a contract into a court order, so that an agreement
between the parties (often a marital agreement incident
to a divorce or separation) loses its separate identity as
an enforceable contract when it is incorporated into a
court order.
mergerdause. See INTEGRATION CLAUSE.
merger doctrine. 1. Copyright. The principle that since
an idea cannot be copyrighted, neither can an expres
sion that must inevitably be used in order to express
the idea. _ When the idea and expression are very dif
ficult to separate, they are said to merge. For example,
courts have refused copyright protection for business
ledger forms (Baker v. Selden, 101 U.S. 99 (1879)), and
for contest rules that were copied almost verbatim
(Morrissey v. Procter & Gamble, 379 F.2d 67S (1st Cir.
1967). -Also termed Baker v. Selden doctrine. [Cases:
Copyrights and Intellectual Property <8=::4.5.] 2. Hist.
Family law. The common-law principle that, upon
marriage, the husband and wife combined to form
one legal entity. -Often shortened to merger; merger
doctrine. See SPOUSAL-UNITY DOCTRINE; LEGAL-UNI
TIES DOCTRINE.
merger ofoffenses. See MERGER (5).
meritorious (mer-<>-tor-ee-<>s), adj. (lSc) 1. (Of an act,
etc.) meriting esteem or reward <meritorious trial per
formance>. 2. (Ofa case, etc.) meriting a legal victory;
having legal worth <meritorious claim>.
meritorious consideration. See good consideration
under CONSIDERATION (1).
meritorious defense. See DEFENSE (1).
merit regulation. Under state blue-sky laws, the practice
of requiring securities offerings not only to be accompanied by a full and adequate disclosure but also to be
substantively fair, just, and equitable.
merits. (18c) 1. The elements or grounds of a claim or
defense; the substantive considerations to be taken
into account in deciding a case, as opposed to extra
neous or technical points, esp. of procedure <trial on
the merits>. 2. EQUITY (3) <on questions ofeuthanasia,
the Supreme Court has begun to concern itself with the
merits as well as the law>.
merits brief. See briefon the merits under BRIEF.
merits discovery. See DISCOVERY.
merit system. (1879) The practice ofhiring and promot
ing employees, esp. government employees, based on
their competence rather than political favoritism. Cf.
SPOILS SYSTEM. [Cases: Officers and Public Employees
11.]
Merit Systems Protection Board. The independent
federal agency that oversees personnel practices of
the federal government and hears and decides appeals
from adverse personnel actions taken against federal
employees. It has five regional offices and five field
offices. Its functions were transferred from the former
Civil Service Commission under Reorganization Plan
No.2 of1978. Abbr. MSPB. See CIVIL SERVICE COM
MISSION. [Cases: Officers and Public Employees <8=::
72.20.]
MERP. abbr. Medical-expense reimbursement plan. See
EMPLOYEE BENEFIT PLAN.
Merrill doctrine. The principle that the government
cannot be estopped from disavowing an agent's unau
thorized act. Federal Crop Ins. Corp. v. Merrill, 332 U.S.
380,68 S.Ct. 1 (1947). [Cases: Estoppel <8=::62; United
States <8=::60.]
merum (meer-<>m). [Latin] Hist. Mere; naked.
merum jus (meer-3m j3S). See MERE RIGHT.
merx (m<>rks). [Latin] Hist. Trade articles; merchan
dise.
merx et pretium (marks et pree-shee-<>m). [Law Latin]
Roman & Scots law. Goods and a price . These compo
nents are two essential items for a sales contract.
mescreaunt (mes-kree-awnt or mis-kree-<>nt). [Law
French] Hist. MISCREANT. -Also termed mescroy
ant.
mese (meez or mees), n. [Law French] Hist. A house.
Also spelled mees; meas.
mesnalty (meen-<>l-tee), n. [fro Law French and English
mesne "middle") Hist. l. The estate or manor held by
a mesne lord. 2. The right of the mesne; the tenure of
the mesne lord. -Also spelled mesnality. See MESNE
LORD.
mesne (


tenure of
the mesne lord. -Also spelled mesnality. See MESNE
LORD.
mesne (meen), adj. (l6c) 1. Occupying a middle position;
intermediate or intervening, esp. in time ofoccurrence
or performance <the mesne encumbrance has priority
over the third mortgage, but is subordinate to the first
mortgage>. 2. Hist. Of or relating to a lord who holds
land ofa superior while himself having a tenant.

mesne, writ of 1080
mesne, writ of. See DE MEDIO.
mesne agreement. A transfer of intellectual-property
rights through an intermediary, usu. an assignee, rather
than directly from the property's creator.
mesne assignment. See ASSIGNMENT (2).
mesne conveyance. See CONVEYANCE.
mesne encumbrance. See ENCUMBRANCE.
mesne lord. Hist. A feudal lord who stood between a
tenant and the chieflord, and held land from a superior
lord. See LORD (3).
mesne process. See PROCESS.
mesne profits. See PROFIT (1).
mesonomic (mes-;)-nom-ik also mee-z;)), adj. Of, relating
to, or involving an act that, although it does not affect a
person's physical freedom, has legal consequences in its
evolution. This term was coined by the philosopher
Albert Kocourek in his book Jural Relations (1927). Cf.
ZYGNOMIC.
message. (14c) A written or oral communication, often
sent through a messenger or other agent, or electroni
cally (e.g., through e-mail or voicemail).
annual message. A message from the President or a
governor given at the opening of an annuallegisla
tive session.
Presidential message. A communication from the
President to the U.S. Congress on matters pertain
ing to the state ofthe union, esp. ofmatters requiring
legislative consideration. U.S. Const. art. II,  3.
Also termed State ofthe Union. [Cases: United States
C:=>26.]
special message. A message from the President or a
governor relating to a particular matter.
veto message. See VETO MESSAGE.
message from the Crown. An official communication
from the sovereign to Parliament.
messarius (m;)-sair-ee-;)s), n. [fr. Latin messis] Hist. A
chief servant; a bailiff; an overseer of the harvest.
messenger. (14c) 1. One who conveys a communication;
esp. one employed to deliver telegrams or other com
munications. 2. Hist. An officer who performs certain
ministerial duties, such as taking temporary charge of
assets ofan insolvent estate.
messuage (mes-wij). (14c) A dwelling house together
with the curtilage, including any outbuildings. See
CURTILAGE.
meta (mee-t;)), n. [Latin] 1. Roman law. The mark where
a racecourse ends or around which chariots turn; by
extension, a limit in space or time. 2. Hist. A boundary;
a border.
metadata. Secondary data that organize, manage, and
facilitate the use and understanding ofprimary data.
Metadata are evaluated when conducting and respond
ing to electronic discovery. Ifprivileged documents or
final versions ofcomputer files may contain metadata,
they might be "scrubbed" before release. See Fed. R. Civ. P. 26(b)(2)(B). [Cases: Federal Civil Procedure C:=>
1581.]
metalaw (met-;)-law). (1956) A hypothetical set oflegal
principles based on the rules of existing legal systems
and designed to provide a framework ofagreement for
these different systems.
"[Tlhe Constitution controls the deployment of governmen
tal power and defines the rules for how such power may
be structured and applied. The Constitution, therefore,
is not a body of rules about ordinary private actions, but
a collection of rules about the rules and uses of law: in a
word, metalaw." Laurence H. Tribe, Constitutional Choices
246 (1985).
metallum (m;)-tal-;)m), n. Roman law. 1. Metal; a mine.
2. Labor in the mines as punishment for a crime .
This was one of the most severe punishments short of
death.
metatag. A word or phrase in HTML computer code that
usu. identifies the subject of a web page and acts as a
hidden keyword for Internet search engines . A person
who uses a trademark as a meta tag without permission
may infringe on the trademark owner's rights.
metatus (m;)-tay-t;)s), n. [Law Latin] Hist. A dwelling;
quarters; a seat.
metayer system (me-tay-pr or met-;)-yay). An agricul
tural system in which land is divided into small farms
among single families who pay a landlord a fixed
portion -usu. half -ofthe produce and the landlord
provides the stock.  The system was formerly prevalent
in parts of France and Italy, and in the southern part of
the United States. -Also written metayer system.
metecorn (meet-korn). Archaic. A portion ofgrain a lord
pays a tenant for labor.
metegavel (meet-gav-;)l). Archaic. A rent or tribute paid
in supplies offood.
metelotage (me-te-loh-tahzh). [French] 1. French law.
The leasing ofa ship. 2. A seaman's wages.
mete out, vb. (bef. lSc) To dispense or measure out
(justice, punishment, etc.) <shortly after the jury
returned its verdict, the judge meted out an appropri
ate punishment>.
meter. 1. A metric unit oflength equal to 39.368 inches.
2. An instrument of measurement used to measure
use or consumption, esp. used by a utility company to
measure utility consumption <a gas meter> <a water
meter> <a parking meter>.
meter rate. A rate that a utility company applies to deter
mine a charge for service <meter rate based on kilo
watt-hours of electricity>.
metes and bounds (meets). (lSc) The territorial limits
of real property as measured by distances and angles
from designated landmarks and in relation to adjoin
ing properties . Metes and bounds are usu. described
in deeds and surveys to establish the boundary lines
ofland. -Also termed running description; butts and
bounds; lines and corners. See CALL (5). [Cases: Bound
aries C:=>6-8.]

1081
metewand (meet-wahnd). Archaic. A measuring staff of
varying lengths.
meteyard (meet-yahrd). Archaic. A metewand that is
one yard long.
method. (15c) A mode oforganizing, operating, or per
forming something, esp. to achieve a goal <method of
election> <method ofperforming a job>.
method claim. See PATENT CLAIM.
method patent. See PATENT (3).
metric system. (1864) A decimal system for measuring
length, weight, area, or volume, based on the meter as
a unit length and the kilogram as a unit mass.
metropolitan, adj. (14c) Of or relating to a city or
metropolis.
metropolitan, n. Eccles. law. An archbishop; the head
ofa province <the Archbishop ofCanterbury is a met
ropolitan>.
metropolitan council. An official or quaSi-official body
appointed or elected by voters ofa metropolitan area
to provide for the unified administration of services
(such as sewage disposal or public transportation) to
the cities and towns within the metropolitan area.
[Cases: Municipal Corporations <>::)39.J
metropolitan district. See DISTRICT.
metropolitan magistrate. See metropolitan stipendiary
magistrate under MAGISTRATE.
metteshep (meet-sh;lp). Hist. 1. An acknowledgment
paid in a measure of corn. 2. A penalty imposed on
a tenant for neglect of duty, such as failing to cut the
lord's corn. -Also spelled mettenschep.
metus (mee-t;ls), n. [Latin] Roman law. 1. Fear of
imminent danger; apprehension ofserious danger, esp.
in the form ofduress to force a person to do something;
the use ofthreats to bring about some end. Metus was
more comprehensive than duress is in Anglo-American
law. It included fear ofany evil that was serious enough
to affect a reasonable person.
"Fear (metus) had the same effect as fraud as regards the
avoidance of the contract. It might be set up by way of
defence (exceptio metus) or be the ground of restitutio in
integrum, or give rise to an action (actio metus) .... It was
not any kind of fear which grounded this action. The evil
threatened must be of a serious character ... ," R.w. Lee,
The Elements of Roman Law 352 (4th ed. 1956).
2. A threat that diminishes the value of another's
property. In both senses, a victim was allowed to seek
fourfold damages against the perpetrator. Cf. DOLUS.
metusperjurii (mee-t;ls p;lr-juur-ee-I). [Law Latin] Scots
law. Ihe fear ofperjury.
"On this ground the evidence of the parties to a cause, and
that of their relatives, was formerly excluded. It was feared
that their own, or their relatives', interest in the result of
the cause might lead them to give false evidence, in order
to bring about a favourable decision. This, however, is no
longer law. The desire to obtain all the light possible on
the facts in dispute, has overcome the metus perjurii." John
Trayner, Trayner's Latin Maxims 353-54 (4th ed. 1894). midnight deadline
meubles (muu-bal or myoo-bla), n. [Law French]
Movables, such as household utensils. See MOVABLE.
Mexican divorce, See DIVORCE.
MFN. abbr. MOST FAVORED NATION.
MFN clause. See MOST-FAVORED-NATION CI.AUSE.
MFN treatment. abbr. MOST-FAVOR ED-NATION TREAT
MENT.
Michaelmas. See quarter day under DAY.
Michaelmas sittings (mik-al-m;ls). In England, a term
ofcourt running from November 2 to November 25 .
Until 1875, this was also called the Michaelmas term.
Ibe division ofthe legal year into terms was abolished
by the Judicature Act of1873. Also termed Michael
mas term. Cf. EASTER SITTINGS; HILARY SITTINGS;
TRDllTY SITTINGS.
miche (mich), vb. Hist. To hide; to sneak; to play truant.
Also spelled mitch.
michery (mich-;lr-ee). Hist. Theft; cheating.
Midcal test. Antitrust. The doctrine that the anticom
petitive acts ofa private party will be considered state
acts and thereby protected from liability under the
antitrust laws ifthe acts are within a clearly articu
lated and affirmatively expressed policy ofthe state, and
ifthe conduct is actively supervised by the state. Cali
fornia Retail Liquor Dealers Ass'n v. Midcal Aluminum,
Inc., 445 U.S. 97, 100 S.Ct. 937 (1980). See STATE-ACTION
DOCTRINE; ACTIVE SUPERVISION. [Cases: Antitrust and
Trade Regulation C==904,j
mid-channel. See MIDDLE LINE 01:' MAD! CHANNEL.
middle burden ofproof. See BURDEN OF PROOF.
middle-level scrutiny. See INTERMEDIATE SCRUTINY.
middle line of main channel. The equidistant point in
the main channel ofthe river between the well-defined
banks on either shore; the middle thread of a river's
current. -Also termed mid-channel; middle ofthe
river.
middleman. (17c) An intermediary or agent between two
parties; esp. a dealer (such as a wholesaler) who buys
from producers and sells to retailers or consumers.
middle management. See MANAGEMENT.
middle of the river. See MIDDLE LINE OF MAIN
CHANNEL.
middle-of-the-road test. See HYDRA FLOW TEST.
middle thread. Ihe center line of something; esp. an
imaginary line drawn lengthwise through the middle
of a stream's current.
mid-level scrutiny. See INTERMEDIATE SCRUTINY.
midnight deadline. A time limit for doing something,
ending at midnight on a particular day. For a bank,
the midnight deadline is midnight on the next banking
day following the day on which the bank receives the
relevant item or from which the time for taking action
begins to run, whichever is later. UCC  4-104{a)(1O).
[Cases: Banks and Banking C=)140(3), 171(5),]

1082 midnight judge
midnight judge. His/. A federal judicial nominee
appointed by President John Adams just before his
term expired, in an effort to pack the judiciary with
Federalist Party sympathizers . The Judiciary Act of
1801, passed and signed into law a few weeks before
Adams's term expired, led to the appointment of 84
federal judges and countless marshals, clerks, attor~
neys, registers of wills, and justices ofthe peace, all of
whom were affiliated with the Federalists. The Senate
approved nominations and granted commissions up
until its final adjournment just before Thomas Jeffer
son's inauguration. More than halfofthe commissions
had not been delivered by the end ofinauguration day.
Secretary ofState James Madison, acting at Jefferson's
direction, barred their delivery and treated them as
void. This led William Marbury to seek a federal court
order to compel Madison to deliver Marbury's commis
sion as justice of the peace. See Marbury v. Madison,S
U.S. 137 (1803).
midshipman. (l7c) A naval cadet; a student at the U.S.
Naval Academy. lCases:


midshipman. (l7c) A naval cadet; a student at the U.S.
Naval Academy. lCases: Armed Services C=>16.J
Midsummer Day. See quarter day under DAY.
midway. See THALWEG.
Midwest Piping rule. Labor law. The doctrine that an
employer may not recognize multiple unions during a
period in which there are conflicting claims of repre
sentation. Midwest Piping & Supply Co., 63 NLRB Dec.
(CCH) 1060 (1945).
migrant worker. l. Int'llaw. A person who works sea
sonally as an agricultural laborer in a foreign country,
esp. in agricultural labor. [Cases: Labor and Employ
ment C=>2700.] 2. A person who works seasonally as a
laborer in a different part ofhis or her own country.
migration. (l7c) Movement (of people or animals) from
one country or region to another.
migratory corporation. See CORPORATION.
migratory divorce. See DIVORCE.
Mike O'Connor rule. Labor law. The doctrine that uni
lateral changes that an employer makes after a union
victory in an initial-representation election -but
before the employer's objections have been resolved
are automatic violations of the National Labor Rela
tions Act if the employer's objections are rejected . If
the employer's objections are sustained, any failure-to
bargain charge will be dismissed because the employer
had no duty to bargain. But ifthe employer's objections
are rejected, the employer is considered to have been
under a duty to bargain as of the date ofthe election,
which is why the unilateral changes are automatic vio
lations of the Act. Mike O'Connor Chevrolet-Buick
GMC Co., 209 NLRB Dec. (CCH) 701 (1974).
mild exigency. (1984) A circumstance that justifies a
law-enforcement officer's departure from the knock
and-announce rule, such as the likelihood that the
building's occupants will try to escape, resist arrest, or
destroy evidence. See KNOCK-AND-ANNOUNCE RULE. mile. (bef. 12c) 1. A measure ofdistance equal to 5,280
feet. Also termed statute mile. 2. NAUTICAL MILE.
mileage. (18c) 1. The distance in miles between two
points. 2.lhe distance a vehicle has traveled as reflected
by an odometer. 3. An allowance paid for travel
expenses, as of a witness or public employee. [Cases:
Witnesses
miles (ml-leez), n. [Latinll. Roman law. A soldier. 2.
Hist. A knight.
militare (mil-a-tair-ee), vb. [LatinJ 1. Roman law. To
serve as a soldier . This verb later referred to serving in
public office, civil or military. 2. Hist. To be knighted.
military, adj. (15c) 1. Ofor relating to the armed forces
<military base>. 2. Of or relating to war <military
action>.
military, n. (l8c) The armed forces.
military allotment. Family law. A child-support deduc
tion from the salary ofan obligor parent on active duty in
the United States military and paid to the obligee parent.
See attachment ofwages under ATTACHMENT (1).
military board. A group of persons appointed to act
as a fact-finding agency or as an advisory body to the
appointing military authority.
military bounty land. Land offered to members of the
military as a reward for services. See donation land,
bounty land under LAND; BOUNTY-LAND WARRANT.
[Cases: Bounties
military commission. A court, usu. composed of both
civilians and military officers, that is modeled after a
court-martial and that tries and decides cases concern
ing martial-law-violations. See COURT-MARTIAL.
military-contract defense. See GOVERNME;:'[T-CONTRAC
TOR DEFENSE.
military-contractor defense. See GOVERNMENT-CON
TRACTOR DEFENSE.
military court. See COURT.
military court ofinquiry. See COURT.
military draft. See DRAFT (2).
military government. Int'llaw. The control ofall or most
public functions within a country, or the assumption
and exercise of governmental functions, by military
forces or individual members of those forces; govern
ment exercised by a military commander under the
direction of the executive or sovereign, either exter
nally during a foreign war or internally during a civil
war. A military government's actions supersede all
local law. See MARTIAL LAW.
military judge. See JUDGE.
military judge alone. Military law. A court-martial
presided over by a single judge with no other court
martial members present. [Cases: Military Justice
874.]
military jurisdiction. The three types ofgovernmental
power given the military by the U.S. Constitution
specif., jurisdiction under military law, jurisdiction

1083
under military government, and jurisdiction under
martial law. [Cases: Armed Services 1-5, 44;
Military Justice 893.]
military justice. A structure of punitive measures
designed to foster order, morale, and discipline within
the military. See MILITARY LAW. [Cases: Armed Services
<8='42; Military Justice (;:='500-510.]
militarylaw. The branch of public law governing military
discipline and other rules regarding service in the
armed forces . It is exercised both in peacetime and in
war, is recognized by civil courts, and includes rules far
broader than for the punishment ofoffenders. Also
termed military justice. -Sometimes loosely termed
martial law. Cf. MARTIAL LAW.
"Military Law. . is largely, but not exclUSively, statutory
in character, and prescribes the rights of, and imposes
duties and obligations upon, the several classes of persons
composing its military establishment; it creates military
tribunals, endows them with appropriate jurisdiction and
regulates their procedure; it also defines military offenses
and, by the imposition of adequate penalties, endeavors to
prevent their occurrence." George B. Davis, A Treatise on
the Military Law of the United States 1 (3d ed. 1915).
military leave. A policy contained in employment
policies or collective-bargaining agreements allowing
a long-term leave of absence without an accompany
ing loss of benefits -for a person in active service in
the u.s. armed forces.
military necessity. Int'llaw. A principle of warfare
allOWing coercive force to achieve a desired end, as
long as the force used is not more than is called for by
the situation . This principle dates from the Hague
Convention on Laws and Customs ofWar on Land of
October 18, 1907, which prohibits the destruction or
seizure of enemy property "unless such destruction or
seizure be imperatively demanded by the necessities of
war. [Cases: War and National Emergency
military objective. Int'l law. An object that by its nature,
location, or use contributes to military action, and is
thus susceptible to attack.  Under Geneva Conven
tion Protocol 1 (1977), only military -rather than
civilian -objects are proper targets.
military offense. An offense, such as desertion, that lies
within the jurisdiction ofa military court. See COURT
MARTIAL [Cases: Armed Services Military
Justice <:>550-789.J
military officer. See OFFICER (2).
Military Rules ofEvidence. The rules of evidence appli
cable to military law and courts-martial. -Abbr. MRE.
[Cases: Military Justice <:> 1020-1152.]
military tenure. See TENURE.
military testament. See soldier's will under WILL.
militate (mil-d-tayt), vb. (16c) To exert a strong influence
<the evidence ofpolice impropriety militates against a
conviction>. Cf. MITIGATE.
milites (mil-d-teez), n. 1. Roman law. Members of the
military; soldiers. 2. Hist. Knights who are part of the
royal army, by virtue offeudal tenure. Miller v. Shugart agreement
"[Knightsl are also called in our law milites, because they
formed a part of the royal army, in virtue of their feodal
tenures; one condition of which was, that everyone who
held a knight's fee immediately under the crown ... was
obliged to be knighted and attend the king in his wars, or
fine for his noncompliance." 1 William Blackstone. Com
mentaries on the Laws ofEngland 404 (1765).
3. Scots law. Freeholders holding estates from barons
for military service.
militia (md-lisb-a), n. (16c) 1. A body of citizens armed
and trained, esp. by a state, for military service apart
from the regular armed forces . The Constitution rec
ognizes a state's right to form a "well-regulated militia"
but also grants Congress the power to activate, organize,
and govern a federal militia. U.S. Canst. amend. II;
U.S. Const. art. I,  8, cl. 15-16. See NATIONAL GUARD.
[Cases: Militia <:> 1-3; Weapons
reserve militia. All persons who are not exempt from
military service and not actively serving in the armed
forces or national guard.
2. Roman law. Military service.
Militia Clause. (1918) One of two clauses of the U.S.
Constitution giving Congress the power to call forth,
arm, and maintain a military force to enforce compli
ance with its laws, suppress insurrections, and repel
invasions. U.S. Const. art. I,  8, cls. 15 and 16. [Cases:
Armed Services 5; Militia
milL (bef. 12c) 1. A machine that grinds corn, grain,
or other substances, esp. using a wheel and circular
motion. The substance ground in a mill is sometimes
called grist, esp. when it is a grain. Courts sometimes
refer to the grinding process as a metaphor for the
judicial process <suits to collect on promissory notes
are grist for the summary-judgment mill because the
material facts in such cases are often undisputed>.
[Cases: Manufactures 2. The building in which
the grinding is performed, along with the site, dam,
or other items connected with the mill. 3. A monetary
unit equal to one-tenth of a cent . Mills are a money
of account used in the United States and Canada, esp.
to reckon tax rates.
millage rate. See MIn RATE.
Miller Act. A federal law requiring the posting of per
formance and payment bonds before an award is made
for a contract for construction, alteration, or repair of
a public work or building. 40 USCA  270a-270d-l.
[Cases: United States <:>67.]
Miller trust. See TRUST.
Miller-Tydings Act. A federal law, enacted in 1937 as
an amendment to the Sherman Act, exempting fair
trade laws from the application of the Sherman Act
and legalizing resale-price-maintenance agreements
between producers and retailers of products . The Act
was repealed by the Consumer Goods Pricing Act of
1975.
Miller v. Shugart agreement. A settlement in which an
insured consents to a judgment in favor of the plain
tiff, on the condition that the plaintiff will satisfy the

1084 milling in transit
judgment only out of proceeds from the insured's
policy, and will not seek recovery against the insured
personally . Although the phrase takes its name from
a Minnesota case, it is used in other jurisdictions as
well. Miller v. Shugart, 316 N.w.2d 729 (Minn. 1982).
[Cases: Insurance C:=>3366.]
milling in transit. An arrangement in which a shipment
is temporarily detained at an intermediate point, usu.
for the application of some manufacturing process,
with or without an increase of a freight charge by the
carrier. [Cases: Carriers C:=> 12(2), 13(2).]
mill power. A unit of water power used in defining quan
tities and weights of water available to a lessee. [Cases:
Waters and Water Courses C:=>28S.]
mill privilege. The right ofa mill-site owner to construct
a mill and to use power from a stream to operate it,
with due regard to the rights ofother owners along the
stream's path. [Cases: Manufactures C:=>2.]
mill rate. A tax applied to real property whereby each
mill represents $1 of tax assessment per $1,000 of the
property's assessed value <the mill rate for taxes in this
county is 10 mills, so for a home valued at $100,000,
the owner will pay $1,000 in property taxes>. -Also
termed millage rate. [Cases: Taxation C:=>2428.]
mill site. 1. A small tract of land on or contiguous to a
watercourse, suitable for the erection and operation of
a mill. [Cases: Manufactures C:=>2.] 2. Mining law. A
small parcel of nonmineral public land (not exceed
ing five acres) claimed and occupied by an owner of
a mining claim because the extra space is needed for
mining or ore-reduction operations. 30 USCA  42.
Mimms order. (1993) A police officer's command for a
motorist to get out of the vehicle . A Mimms order
need not be independently justified if the initial stop
was lawful. Pennsylvania v. Mimms, 434 U.S. 106, 98
S.Ct. 330 (1977). [Cases: Automobiles C:=>349(16).]
mina (mI-nJ), n. [Law Latin] Hist. A measure of grain
or corn.
minage (mI


mI-nJ), n. [Law Latin] Hist. A measure of grain
or corn.
minage (mI-nij), n. [Law French] Hist. A toll for selling
grain or corn by the mina.
minare (mi-nair-ee), vb. [Law Latin] Hist. To mine.
mind. (bef. 12c) 1. The source of thought and intellect;
the seat ofmental faculties. 2. The ability to will, direct,
or assent. -Also termed sound mind. 3. Memory.
mind and memory. Archaic. A testator's mental capacity
to make a will <she argued that her uncle was not of
sound mind and memory when executing the will
because he had Alzheimer's disease> . This phrase was
generally used as part ofthe phrase ofsound mind and
memory, referring to the capacity ofa testator to make
a will. See BONA MEMORIA; CAPACITY (2).
mine. (l4c) 1. An underground excavation used to
obtain minerals, ores, or other substances. 2. A mineral
deposit; a place containing a mineral deposit.
mineral, n. (ISc) 1. Any natural inorganic matter that
has a definite chemical composition and specific
physical properties that give it value <most minerals are crystalline solids>. [Cases: Mines and Minerals
C:=>48.] 2. A subsurface material that is explored for,
mined, and exploited for its useful properties and com
mercial value. 3. Any natural material that is defined
as a mineral by statute or caselaw.
mineral acre. Oil & gas. The full mineral interest in one
acre ofland. [Cases: Mines and Minerals C:=>47.]
mineral deed. See DEED.
mineral district. See DISTRICT.
mineral easement. See EASEMENT.
mineral entry. (1882) The right of entry on public land
to mine valuable mineral deposits. [Cases: Mines and
Minerals C:=>9-38.]
"It is the policy of the United States, as expressed in Acts
of Congress, to make public lands available to the people
for the purpose of mining valuable mineral deposits, and
to encourage exploration for, and development of, mineral
resources on public lands. Accordingly, the United States
has reserved all lands 'valuable for minerals' ... from
disposition under the nonmineral statutes, and has made
them open to entry for mining purposes, under regulations
prescribed by law .... In other words ... where statute
authorizes the Federal Government to acquire lands,
without indicating that lands are to be acquired for a par
ticular purpose, lands so acquired are public lands subject
to mineral entry." 53A Am. Jur. 2d Mines and Minerals  23,
at 274 (1996).
mineral interest. Oil & gas. The right to search for,
develop, and remove minerals from land or to receive a
royalty based on the production ofminerals . Mineral
interests are granted by an oil-and-gas lease. -Also
termed mineral right. See FEE INTEREST; SUBSURFACE
INTEREST; SURFACE INTEREST. [Cases: Mines and
Minerals C:=>47, 62.1, 73.1.]
mineral land. See LAND.
mineral lease. See LEASE.
mineral lode. (1870) A mineral bed ofrock with definite
boundaries in a general mass ofa mountain; any belt of
mineralized rock lying within boundaries that clearly
separate it from neighboring rock. -Also termed
lode.
"Typically, a lode is a concentration ofvaluable mineral with
boundaries sufficiently distinct to import such a definite
trend, continuity, and apartness to the formation that it can
be traced through the enclosing mass of rock." 1 American
Law ofMining  32.02(2), at 32-7 (2d ed. 1998).
mineral right. See MINERAL INTEREST.
mineral royalty. See ROYALTY (2).
mineral servitude. See SERVITUDE (2).
Minerals Management Service. A unit in the U.S.
Department of the Interior responsible for entering
into and managing leases for the recovery of minerals
on the outer continental shelf and for collecting and
distributing royalty and other payments due the U.S.
and Indian tribes from mineral production. [Cases:
Mines and Minerals C:=>S.I(I).]
minerator (min-Jr-ay-tJr). [Law Latin] A miner.
miner's inch. A measurement of water discharge,
equaling nine-gallons per minute from a one-inch

1085 mining partnership
square pipe. -The precise measurement of a miner's
inch varies in different localities.
Mine Safety and Health Administration. A unit in
the U.S. Department ofLabor responsible for prevent
ing mine accidents and occupational diseases in the
nation's mining industry. -It sets mandatory safety
and health standards, assesses fines for their viola
tion, and investigates mine accidents. Its programs are
operated through regional administrators located in
the nation's mining regions. -Abbr. MSHA. [Cases:
Labor and Employment (>=2634.J
minimal contacts. See MINIMUM CONTACTS.
minimalist retributivism. See RETRIBUTIVISM.
minimal participant. (1987) Criminal law. Under the
federal sentencing guidelines, a defendant who is
among the least culpable ofa group ofcriminal actors,
as when the defendant does not understand the scope
or structure ofthe criminal enterprise or the actions
ofthe other members ofthe group. -The offense level
for a crime ofa minimal participant can be decreased
by four levels. U.S. Sentencing Guidelines Manual
 3B1.2(a). Cf. MINOR PARTICIPANT. [Cases: Sentenc
ing and Punishment <>=764.J
minimal scrutiny. See RATIONAL-BASIS TEST.
mini-maxi, n. An underwriting arrangement for a
securities transaction, whereby a broker is required to
sell the minimum number of securities on an all-or
none basis and the balance on a best-efforts basis. See
UNDERWRITING (2).
miniment (min-a-m;mt). See ML'NIMENT.
mini-Miranda requirement. Debtor-creditor law. A
debt collector's obligation when communicating with
a debtor to inform the debtor that (1) the communica
tion is from a debt collector seeking to collect a debt
and (2) any information received will be used for that
purpose. This disclosure is required by the Fair Debt
Collection Practices Act. [Cases: Antitrust and Trade
Regulation
minimization requirement. (1972) Criminal law. The
mandate that police officers acting under an eavesdrop
ping warrant must use the wiretap in a way that will
intercept the fewest possible conversations that are not
subject to the warrant. [Cases: Telecommunications
<>='1473.]
minimum, adj. (17c) Of, relating to, or constituting the
smallest acceptable or possible quantity in a given case
<minimum charge to a customer ofa public utility>.
minimum contacts. (1945) A nonresident defendant's
forum-state connections, such as business activity or
actions foreseeably leading to business activity, that
are substantial enough to bring the defendant within
the forum-state court's personal jurisdiction without
offending traditional notions offair play and substan
tial justice. International Shoe Co. v. Washington, 326
U.S. 310,66 S.Ct. 154 (1945). Also termed minimal
contacts. [Cases: Corporations (:::::>665(1); Courts
12(2.5); Federal Courts (:::::>76.5,79.] minimum-fee schedule. Hist. A list of the lowest fees
that a lawyer may charge, set by a state bar association.
-The courts held that minimum-fee schedules, now
defunct, violated antitrust laws.
minimum lot. See LOT (1).
minimum-royalty clause. Patents. A royalty-agreement
provision that prescribes a fixed payment by the licensee
to the patentee, regardless ofwhether the invention is
actually used. [Cases: Patents (:::::>218(1), (5).]
minimum sale. See EXHIBITION VALUE.
minimum scrutiny. See RATIONAL-BASIS TEST.
minimum sentence. See SENTENCE.
minimum tax. See alternative minimum tax under
TAX.
minimum wage. See WAGE.
mining. The process ofextracting ore or minerals from
the ground; the working of a mine. This term also
encompasses oil and gas drilling.
mining claim. A parcel of land that contains precious
metal in its soil or rock and that is appropriated by
a person according to established rules and customs
known as the process oflocation. See LOCATION (4), (5).
[Cases: Mines and Minerals C=13,28.]
lode claim. A mining claim (on public land) to a well
defined vein embedded in rock; a mining claim to
a mineral lode. [Cases: Mines and Minerals 16,
28.]
placer claim. A mining claim that is not a lode claim;
a claim where the minerals are not located in veins
or lodes within rock, but are usu. in softer ground
near the earth's surface. [Cases: Mines and Minerals
C-=>16,28.]
"'t has long been recognized that the distinction between
lode and placer claims must be tempered by scientific
findings as to the nature of the mineral deposits under
consideration, and the practicalities of modern mining
methods, which may permit the use of surface mining
methods to remove certain lodes or veins of minerals pre
viously only reached by underground methods." 53A Am.
Jur. 2d Mines and Minerals  21, at 273 (1996).
mining lease. See LEASE.
mining location. 1. See LOCATION (4). 2. See LOCATION
(5).
mining partnership. An association of persons to
jOintly share a mining business, including the profits,
expenses, and losses. -The partnership has features of
both a tenancy in common and an ordinary commer
cial partnership. [Cases: Mines and Minerals (;::::>96.J
"It has generally been held that the law governing ordinary
commercial or trading partnerships applies, with a few
exceptions, to mining partnerships. The principal excep
tion and the main distinction between mining partnerships
and commercial partnerships generally is based on the
fact that the principle of delectus personae, meaning the
right of a partner to exercise choice and preference as to
the admission of any new members to the firm, and as to
the persons to be so admitted, does not apply to mining
partnerships ...." 58 c.j.S. Mines and Minerals  387, at
380 (1998).

1086 mining rent
mining rent. Consideration given for a mining lease,
whether the lease creates a tenancy, conveys a fee, or
grants a mere license or incorporeal right. [Cases:
Mines and Minerals 79.]
minister, n. (14c) 1. A person acting under another's
authority; an agent. 2. A prominent government officer
appointed to manage an executive or administrative
department. 3. A diplomatic representative, esp. one
ranking below an ambassador. [Cases: Ambassadors
and Consuls 1-5.]
foreign minister. 1. A minister of foreign affairs, who
in many countries is equivalent to the u.s. Secretary
of State. 2. An ambassador, minister, or envoy from
a foreign government. [Cases: Ambassadors and
Consuls C=>1-5.]
minister plenipotentiary (plen-;)-p;)-ten-shee-er-ee).
A minister ranking below an ambassador but pos
sessing full power and authority as a governmental
representative, esp. as an envoy of a sovereign ruler.
-This officer is often regarded as the personal repre
sentative of a head ofstate.
public minister. A high diplomatic representative such
as an ambassador, envoy, or resident, but not includ
ing a commercial representative such as a consul.
[Cases: Ambassadors and Consuls C=>4.]
4. A person authorized by a Christian church to
perform religiOUS functions. [Cases: Religious Societ
ies
ministerial, adj. (I6c) Of or relating to an act that
involves obedience to instructions or laws instead of
discretion, judgment, or skill <the court clerk's min
isterial duties include recording judgments on the
docket>. Judges
ministerial act. See ACT.
ministerial duty. 1. See ministerial act under ACT. 2. See
DUTY (2).
ministerial-function test. (1990) The principle that the
First Amendment bars judicial resolution ofa Title VII
employment-discrimination claim based on a religiOUS
preference, if the employee's responsibilities are reli
gious in nature, as in spreading faith, supervising a reli
gious order, and the like. 42 USCA  2000e-l(a). See
TITLE Vll OF THE CIVIL RIGHTS ACT OF 1964. [Cases:
Civil Rights 1114, 1163.]
ministerial office. See OFFICE.
ministerial officer. See OFFICER (1).
ministerial trust. See passive trust under TRUST.
minister plenipotentiary. See MINISTER.
ministrant (min-<l-str,mt). 1. One who ministers; a dis
penser. 2. Hist. Eccles. law. A party who cross-examines
a witness.
ministri regis (mi-nis-tn ree-jis). [Latin] Hist. Minis
ters ofthe king . This term was applied to judges and
ministerial officers.
minitrial. (l990) A private, voluntary, and informal form
of dispute resolution in which each party's attorney presents an abbreviated version ofits case to a neutral
third party and to the opponent's representatives, who
have settlement authority. _ The third party may