752-766.J
jumbo mortgage. A mortgage loan in a principal
amount that exceeds the dollar limits for a govern
ment guarantee.
junior mortgage. A mortgage that is subordinate to
another mortgage on the same property. -Also
termed puisne mortgage. [Cases: Mortgages
151.J
leasehold mortgage. A mortgage secured by a lessee's
leasehold interest.
legal mortgage. Civil law. A creditor's mortgage arising
by operation oflaw on the debtor's property. Also
termed tacit mortgage.
open-end mortgage. A mortgage that allows the mort
gagor to borrow additional funds against the same
property. Cf. closed-end mortgage.
package mortgage. A mortgage that includes both real
and incidental personal property, such as a refrigera
tor or stove.
participation mortgage. 1. A mortgage that permits the
lender to receive profits of the venture in addition to
the normal interest payments. 2. A mortgage held by
more than one lender.
price-level-adjusted mortgage. A mortgage with a
fixed interest rate but the principal balance ofwhich
is adjusted to reflect inflation. -Abbr. PLAM.
puisne mortgage. See junior mortgage.
mortgage
purchase-money mortgage. A mortgage that a buyer
gives the seller, when the property is conveyed, to
secure the unpaid balance of the purchase price.
Abbr. PMM. See SECURITY AGREEMENT. [Cases:
Mortgages 115.J
renegotiable-rate mortgage. A government-sponsored
mortgage that requires the mortgagee to renegotiate
its terms every three to five years, based on market
conditions. Also termed flexible-rate mortgage;
rollover mortgage.
reverse annuity mortgage. A mortgage in which the
lender disburses money over a long period to provide
regular income to the (usu. elderly) borrower, and in
which the loan is repaid in a lump sum when the
borrower dies or when the property is sold. -Abbr.
RAM. -Also termed reverse mortgage.
rollover mortgage. See renegotiable-rate mortgage.
second mortgage. A mortgage that is junior to a first
mortgage on the same property, but that is senior to
any later mortgage. [Cases: Mortgages C=>151.J
"A landowner who already holds land subject to a mortgage
may wish to hypothecate his equity. He does this by taking
out a 'second mortgage.' Should the mortgagor default in
his obligation on the first mortgage, the first mortgagee
may foreclose. Ifthere is a deficiency upon sale, the second
mortgagee loses his security in the eqUity because there
is no equity. If the mortgagee does not default on the first
mortgage, but does on the second, the second mortgagee
can foreclose on the mortgagor's equity. Such a foreclosure
would not affect the first mortgagee's rights." Edward H.
Rabin, Fundamentals of Modern Real Property Law 1087
(1974).
self-liquidating mortgage. See amortized mortgage.
senior mortgage. A mortgage that has priority over
another mortgage (a junior mortgage) on the same
property. [Cases: Mortgages C:~J151.]
shared-appreciation mortgage. A mortgage giving the
lender the right to recover (as contingent interest) an
agreed percentage of the property's appreciation in
value when it is sold or at some other specified, future
date. -Abbr. SAM.
shared-equity mortgage. A mortgage in which the
lender shares in the profits from the property's resale.
 The lender must usu. tirst purchase a portion of the
property's equity by providing a portion ofthe down
payment.
special mortgage. Civil law. A mortgage burdening
only particular, specified property of the mortgagor.
La. Civ. Code art. 3285.
standing mortgage. See interest-only mortgage.
straight mortgage. A mortgage in which the mortgagor
is obligated to pay interest during the mortgage term
along with a final payment of principal at the end of
the term. Cf. amortized mortgage.
straight-term mortgage. See interest-only mortgage.
submortgage. A mortgage created when a person
holding a mortgage as security for a loan procures
another loan from a third party and pledges the
mortgage as security; a loan to a mortgagee who

puts up the mortgage as collateral or security for the
loan.
tacit mortgage. See legal mortgage.
technical mortgage. A traditional, formal mortgage, as
distinguished from an instrument haVing the charac
ter ofan equitable mortgage. Cf. equitable mortgage.
VA mortgage. A veteran's mortgage that is guaranteed
by the Veterans Administration.
variable-rate mortgage. See adjustable-rate
mortgage.
Welsh mortgage. A type of mortgage, formerly
common in Wales and Ireland, by which the mort
gagor, without promising to pay the debt, transfers
title and possession ofthe property to the mortgagee,
who takes the rents and profits and applies them to
the interest, often with a stipulation that any surplus
will reduce the principal.  The mortgagee cannot
compel the mortgagor to redeem, and cannot fore
close the right to redeem, because no time is fixed for
payment. The mortgagor is never in default, but may
redeem at any time.
wraparound mortgage. A second mortgage issued
when a lender assumes the payments on the borrow
er's low-interest first mortgage (usu. issued through
a different lender) and lends additional funds . Such
a mortgage covers both the outstanding balance of
the first mortgage and the additional funds loaned.
12 CPR  226.17 cmt. 6. -Also termed extended first
mortgage; all-inclusive mortgage.
zero-rate mortgage. A mortgage with a large down
payment but no interest payments, with the balance
paid in equal installments.
mortgage-backed security. See SECURITY.
mortgage banker. An individual or organization that
originates real-estate loans for a fee, resells them to
other parties, and services the monthly payments.
mortgage bond. See BOND (3).
mortgage broker. See BROKER.
mortgage certificate. (1843) A document evidencing
part ownership of a mortgage.
mortgage clause. An insurance-policy provision that
protects the rights of a mortgagee when the insured
property is subject to a mortgage . Such a clause usu.
provides that any insurance proceeds must be allocated
between the named insured and the mortgagee "as their
interests may appear." -Also termed mortgagee clause.
See LOSS-PAYABLE CLAUSE; AT1MA. [Cases: Mortgages
C=.'201.)
open mortgage clause. A mortgage clause that does
not protect the mortgagee if the insured mortgagor
does something to invalidate the policy (such as com
mitting fraud) . This type of clause has been largely
superseded by the mortgage-loss clause, which affords
the mortgagee more protection. Also termed simple
mortgage clause. Cf. MORTGAGE-LOSS CLAUSE. standard mortgage clause. A mortgage clause that
protects the mortgagee's interest even ifthe insured
mortgagor does something to invalidate the policy.
 In effect, this clause creates a separate contract
between the insurer and the mortgagee. -Also
termed union mortgage clause.
mortgage commitment. (1939) A lender's written agree
ment with a borrower stating the terms on which it will
lend money for the purchase ofspecified real property,
usu. with a time limitation. [Cases: Mortgages (;::.
211.]
mortgage company. A company that makes mortgage
loans and then sells or assigns them to investors.
mortgage-contingency clause. (1965) A real-estate-sale
provision that conditions the buyer's performance on
obtaining a mortgage loan. [Cases: Vendor and Pur
chaser ~)79.1
mortgage deed. See DEED.
mortgage discount. (1928) The difference between the
mortgage principal and the amount the mortgage
actually sells for; the up-front charge by a lender at a
real-estate closing for the costs of financing . Although
usu. paid by the buyer, the discount is sometimes
paid by the seller when required by law, as with a VA
mortgage. -Also termed point; mortgage point; loan
brokerage fee; new-loan fee.
mortgagee (mor-g;)-jee). (l6c) One to whom property is
mortgaged; the mortgage creditor, or lender. Also
termed mortgage-holder. [Cases: Mortgages
mortgagee in possession. (18c) A mortgagee who takes
control of mortgaged land by agreement with the
mortgagor, usu. upon default of the loan secured by
the mortgage. [Cases: Mortgages
mortgagee clause. See MORTGAGE CLAUSE.
mortgagee policy. A title-insurance policy that covers
only the mortgagee's title and not the owner's title. Cf.
OWNER'S POLICY. [Cases: Mortgages (:::)201.]
mortgage foreclosure. See FORECLOSURE.
mortgage-guarantee insurance. Insurance provided
by the Mortgage Guarantee Insurance Company
to mortgage lenders that grant mortgages to parties
having less than a 20% down payment.  The cost of
the insurance is included in the dosing costs. [Cases:
Mortgages C-:201.]
mortgage-holder. See MORTGAGEE.
mortgage insurance. See INSURANCE.
mortgage lien. See LIEN.
mortgage loan. See LOAN.
mortgage-loss clause. A mortgage clause proViding that
title insurance will not be invalidated by the mortgag
or's acts . Thus, even if the mortgagor does an act that
would otherwise make the policy void, the act merely
voids the policy as against the mortgagor, but it remains
in full force for the benefit of the mortgagee. -Also
termed New York standard clause; union-loss clause. Cf.

1105
open mortgage clause under MORTGAGE CLAUSE. [Cases:
Mortgages C~20l.]
mortgage market. The conditions that provide the
demand for new mortgage loans and the later resale of
those loans in the secondary mortgage market.
primary mortgage market. The national market in
which mortgages are originated.
secondary mortgage market. The national market in
which existing mortgages are bought and sold, usu.
on a package basis.
mortgage note. See NOTE (1).
mortgage point. 1. See POINT (3). 2. See MORTGAGE
DISCOUNT.
mortgager. See MORTGAGOR.
mortgage servicing. The administration of a mortgage
loan, including the collection of payments, release of
liens, and payment of property insurance and taxes .
Servicing is usu. performed by the lender or the lender's
agent, for a fee. [Cases: Mortgages
mortgage warehousing. An arrangement in which
a mortgage company holds loans for later resale at a
discount.
mortgaging out. The purchase of real property by financ
ing 100% of the purchase price.
mortgagor (mor-ga-jor or mor-ga-jar). One who mort
gages property; the mortgage-debtor, or borrower.
Also spelled mortgager; mortgageor. [Cases: Mortgages
<>='23.]
mortification. (l4c) The act of disposing of or con
tributing property for religious, charitable, or public
purposes.
mortis causa (mor-tis kaw-za). See gift causa mortis
under GIFT.
mortmain (mort-mayn). [French "deadhand"] (ISc) The
condition oflands or tenements held in perpetuity by
an ecclesiastical or other corporation . Land alienated
in mortmain is not inalienable, but it will never escheat
or pass by inheritance (and thus no inheritance taxes
will ever be paid) because a corporation does not die.
See AMORTIZE (3); DEADHAND CONTROL. [Cases: Cor
porations (::::::c43S; ReligiOUS Societies C=::> 15.]
mortmain statute. (1839) A law that limits gifts and
other dispositions ofland to corporations (esp. charita
ble ones) and that prohibits corporations from holding
land in perpetuity. -In England, laws such as the Pro
visions of Westminster and Magna Carta essentially
required the Crown's authorization before land could
vest in a corporation. The object was to prevent lands
from being held by religious corporations in perpetu
ity. Although this type ofrestriction was not generally
part of the common law in the United States, it influ
enced the enactment of certain state laws restricting
the amount of property that a corporation could hold
for religious or charitable purposes. Also termed
mortmain act; statute ofmortmain. [Cases: Corpora
tions C~434.1 most-significant-relationship test
mortua manus. See DEADHAND CO:->lTROL.
mortuary. (16c) 1. A place where cadavers are prepared
for burial; a place where dead bodies are held before
burial. [Cases: Dead Bodies (::::::c2.] 2. A burial place.
3. Hist. A customary gift left by a deceased to a parish
church for past tithes owed. Also termed (in sense
3) soul scot.
mortuary table. See ACTUARIAL TABLE.
mortuum vadium (mor-choo-am vay-dee-am). See


ACTUARIAL TABLE.
mortuum vadium (mor-choo-am vay-dee-am). See
vadium mortuum under VADIUM.
mortuus (mor-choo-<ls). adj. [Latin] Hist. 1. Dead. 2. A
sheriff's return that the named party is dead.
mortuus civiliter (mor-choo-as s<l-vil-a-tar). [Latin
"civilly dead"] A person civilly dead, deprived of civil
rights. See civil death under DEATH.
mortuus sine prole (mor-choo-<ls 5I-nee proh-Iee).
[Latin] Dead without issue. -Abbr. m.s.p.
most favorable light. See LIGHT MOST FAVORABLE.
most favored nation. A treaty status granted to a
nation, usu. in international trade, allOWing it to enjoy
the privileges that the other party accords to other
nations under similar circumstances . The primary
effect of most-favored-nation status is lower trade
tariffs. -Sometimes shortened to favored nation.
Abbr. MFN. Also termed most-favored-nation status.
[Cases: Treaties (::.:::8.]
most-favored-nation clause. 1. A clause in an agreement
between two nations providing that each will treat the
other as well as it treats any other nation that is given
preferential treatment. [Cases: Treaties (;:-.:>8.] 2. By
extension, such a clause in any contract, but esp. an oil
and-gas contract. -Often shortened to favored-nation
clause; MFN clause. -Also termed most-favored
nations clause. Cf. preferential tariff under TARIFF (2).
most-favored-nation status. See MOST FAVORED
NATION.
most-favored-nation treatment. Intellectual property.
The practice or policy of automatically and uncondi
tionally granting any intellectual-property protection,
advantage. favor, privilege, or immunity that by treaty
is extended to nationals of any member country to the
nationals ofall member countries . This treatment is
incorporated into the TRIPs agreement. Abbr. MFN
treatment.
most-favored-tenant clause. (1962) A commercial-lease
provision ensuring that the tenant will be given the
benefit of any negotiating concessions given to other
tenants.
most-signifIcant-contacts test. See MOST-SIGNIFICANT
RELATIONSHIPS TEST.
most-signifIcant-relationship test. (1968) Conflict of
laws. The doctrine that, to determine the state law to
apply to a dispute, the court should determine which
state has the most substantial connection to the occur
rence and the parties . For example, in a tort case, the
court should consider where the injury occurred, where

most suitable use 1106
the conduct that caused the injury occurred, the resi
dence, place of business, or place ofincorporation of the
parties, and the place where the relationship between
the parties, if any, is centered. Restatement (Second)
of Conflict of Laws  145 (1971). In a case involving a
contract, the court should consider where the contract
was made, where the contract was negotiated, where the
contract was to be performed, and the domicile, place
of business, or place of incorporation of the parties.
Id.  188. Also termed most-signifIcant-contacts test.
[Cases: Action
most suitable use. See highest and best use under USE
(1).
most-suitable-use value. See optimal-use value under
VALUE (2).
moteer (moh-teer). Hist. A customary payment or service
made at the lord's court.
mother. (bef. 12c) A woman who has given birth to,
provided the egg for, or legally adopted a child . The
term is sometimes interpreted as including a pregnant
woman who has not yet given birth. [Cases: Parent and
Child 1.]
adoptive mother. See adoptive parent under PARENT.
biological mother. (1965) The woman who provides
the egg that develops into an embryo . With to day's
genetic-engineering techniques, the biological mother
may not be the birth mother, but she is usu. the legal
mother. Also termed genetic mother; natural
mother. [Cases: Children Out-of-Wedlock (;:::::>1.]
birth mother. (1958) The woman who carries an embryo
during the gestational period and who delivers the
child. When a child is conceived through artifi
cial insemination, the birth mother may not be the
genetic or biological mother. And she may not be the
legal mother. Also termed gestational mother. See
surrogate mother; natural mother; biological mother.
[Cases: Child Custody (;:::::>274.5; Child Support
63; Children Out-of-Wedlock 15; Parent and
Child C=;)20.]
de facto mother. See de facto parent under PARENT.
foster mother. Seefoster parent under PARENT.
genetic mother. See biological mother.
gestational mother. See birth mother.
godmother. See GODPARENT.
intentional mother. See intentional parent under
PARENT.
natural mother. 1. See birth mother. 2. See biological
mother.
psychological mother. See psychological parent under
PARENT.
stepmother. (bef. 12c) The wife ofone's father by a later
marriage. [Cases: Child Custody (;:::::>272; Parent and
Child (;:::::>14.]
surrogate mother. (1914) 1. A woman who carries out
the gestational function and gives birth to a child for another; esp. a woman who agrees to provide her
uterus to carry an embryo throughout pregnancy,
typically on behalf of an infertile couple, and who
relinquishes any parental rights she may have upon
the birth of the child . A surrogate mother mayor
may not be the genetic mother of a child. Often
shortened to surrogate. -Also termed surrogate
parent; gestational surrogate; gestational carrier; sur
rogate carrier. [Cases: Child CustodyC;:)274.5; Child
Support Children Out-of-Wedlock (;:::::> 15;
Parent and Child (;:::::>20.] 2. A person who performs
the role of a mother. [Cases: Parent and Child
15.]
mother country. A colonizing nation; a colonial power.
See COLONY.
Mother Hubbard clause. (1939) 1. A clause stating that
a mortgage secures all the debts that the mortgagor
may at any time owe to the mortgagee. -Also termed
anaconda clause; dragnet clause. [Cases: Mortgages
14, 114, 121.] 2. Oil & gas. A provision in an oil
and-gas lease protecting the lessee against errors in the
description ofthe property by providing that the lease
covers all the land owned bv the lessor in the area . A
Mother Hubbard clause is ~ometimes combined with
an after-acquired-titIe clause. -Also termed cover-all
clause. 3. A court's written declaration that any relief
not expressly granted in a specific ruling or judgment is
denied. [Cases: Mines and Minerals (;::'55,73.1.]
mother-in-law. (14c) The mother ofa person's spouse.
motion. (18c) 1. A written or oral application request
ing a court to make a specified ruling or order. [Cases:
Federal Civil Procedure ()::;,921-928; Motions (;:::::> 1.]
calendar motion. (1930) A motion relating to the time
of a court appearance. Examples include motions to
continue, motions to advance, and motions to reset.
[Cases: Trial (;:::::>9-16.]
contradictory motion. Civil law. A motion that is likely
to be contested or that the nonmoving side should
have an opportunity to contest. Cf. contradictory
judgment under JUDGMENT.
cross-motion. A competing request for relief or orders
similar to that requested by another party against the
cross-moving party, such as a motion for summary
judgment or for sanctions.
dilatory motion (dil-<'l-tor-ee). (18c) 1. A motion made
solely for the purpose of delay or obstruction. 2. A
motion that delays the proceedings.
enumerated motion. Archaic. A motion directly related
to the proceeding or the merits of the case.
ex parte motion (eks pahr-tee), (1831) A motion made
to the court without notice to the adverse party; a
motion that a court considers and rules on without
hearing from all sides. Also termed ex parte appli
cation. [Cases: Federal Civil Procedure C=.:c921;
Motions (;:::::> 19.]
motion for reduction. Family law. A motion to lessen
the amount of child-support payments. -This is a

1107
type ofmotion to modify. [Cases: Child Support
331, 331.]
motionfor resettlement. A request to clarify or correct
the form of an order or judgment that does not cor
rectly state the court's decision. _ The motion cannot
be used to request a substantial change to or ampli
fication of the court's decision. [Cases: Motions C-::::)
49.]
motion ofcourse. A party's request that the court may
grant as a matter of routine, without investigating or
inquiring further. [Cases: Motions 36.]
motion to modify, A post-final-decree motion asking
the court to change one of its earlier orders; esp. a
request to change child support or visitation. Also
termed complaint for modification; motion for modifi
cation. [Cases: Child CustodyC~609; Child Support
C=>331; Divorce C=>245; Federal Civil Procedure <.::=)
921; Motions C=>58.]
omnibus motion. (1889) A motion that makes several
requests or asks for multiple forms of relief. [Cases:
Motions
posttrial motion. (1889) A motion made after judgment
is entered, such as a motion for new trial. [Cases:
Federal Civil Procedure C:):)2368, 2605; New Trial
show-cause motion. A motion filed with the court
requesting that a litigant be required to appear and
explain why that litigant has failed to comply with a
legal requirement.
speaking motion. (1935) A motion that addresses
matters not raised in the pleadings. [Cases: Federal
Civil Procedure C::>~) 1834 ; Motions C=> 1, 2.]
special motion. (16c) A motion specifically requiring
the court's discretion upon hearing, as distinguished
from one granted as a matter of course. [Cases:
Motions <'::=36.]
2. Parliamentary law. A proposal made in a meeting, in
a form suitable for its consideration and action, that the
meeting (or the organization for which the meeting is
acting) take a certain action or view. - A motion may be
a main motion or a secondary motion. A motion techni
cally becomes a "question" when the chair states it for
the meeting's consideration. But for most purposes,
the parliamentary terms "motion" and "question" are
interchangeable. Cf. REQUEST.
coexisting motion. Parliamentary law. A main motion,
such as one raising a question of privilege, that is
pending at the same time as another main motion of
lower precedence.
immediately pending motion. The pending motion
directly under consideration; the pending motion
last stated by the chair and next in line for a vote. See
pending motion; PRECEDENCE (4).
improper motion. A motion that is out of order. See
OUT OF ORDER.
incidental main motion. A main motion that relates
to a procedural rather than a substantive matter; an motion
otherwise secondary motion, made when no main
motion is pending.- Also termed procedural main
motion; quasi-main motion; specific main motion. See
main motion. Cf. original main motion.
incidental motion. A secondary motion that relates to
the procedure under which other business is consid
ered. See secondary motion.
main motion. A motion that brings business before a
meeting. - A main motion may be an original main
motion or an incidental main motion. -Also termed
principal motion; proposition.
ordinary main motion. See original main motion.
original main motion. A main motion that relates to a
substantive rather than a procedural matter; a main
motion that is not an incidental main motion.
Also termed ordinary main motion; substantive main
motion; substantive motion. See main motion. Cf. inci
dental main motion.
parliamentary motion. 1. Any motion that is not an
original main motion that is, any motion that is
either a secondary motion or an incidental main
motion. 2. A motion under parliamentary law;
MOTION (2).
pending motion. A motion under consideration,
even though other pending motions of higher rank
may have taken precedence over it. Cf. immediately
pending motion.
principal motion. See main motion.
privileged motion. A secondary motion that does not
relate to other business, but rather to the organiza
tion, the meeting, its members, and their rights and
privileges, and is thus entitled to prompt attention in
preference over other pending business. See secondary
motion; PRIVILEGE (6).
procedural main motion. See incidental main
motion.
procedural motion. A motion that relates to the manner
in which a meeting conducts its business, rather than
to the business itself. - A procedural motion may be
either an incidental motion (including an incidental
main motion) or aprivileged motion.
quasi-main motion. See incidental main motion.
restorative motion. A motion that renews consid
eration of a question already disposed of. Also
termed restoratory motion.
restoratory motion. See restorative motion.
secondary motion. A motion that does not itself bring
business before the meeting, and is therefore in order
when a main motion is pending. - A secondary
motion may be either an incidental motion (although
not an incidental main motion), a privileged motion,
or a subSidiary motion. Cf. main motion.
specific main motion


an incidental main motion), a privileged motion,
or a subSidiary motion. Cf. main motion.
specific main motion. See incidental main motion.
subsidiary motion. A secondary motion that directly
affects the main motion's form or consideration. See
secondary motion.

1108 motion for a directed verdict
substantive main motion. See original main motion.
substantive motion. See original main motion.
motion for a directed verdict. See MOTION FOR DIRECTED
VERDICT.
motion for a more definite statement. See MonON FOR
MORE DEFINITE STATEMENT.
motion for a new trial. See MOTION FOR NEW TRIAL.
motion for a protective order. See MOTION FOR PROTEC
TIVEORDER.
motion for directed verdict. (1904) A party's request
that the court enter judgment in its favor before sub
mitting the case to the jury because there is no legally
sufficient evidentiary foundation on which a reasonable
jury could find for the other party . Under the Federal
Rules ofCivil Procedure, the equivalent court paper is
known as a motion for judgment as a matter oflaw. -
Abbr. MDV. Also termed motion for a directed
verdict. See MonON FOR JUDGMENT AS A MATTER OF
LAW; directed verdict under VERDICT. [Cases: Federal
Civil Procedure Trial C=c167.]
motion for j.n.o.v. See MOTION FOR JUDGMENT NOT
WITHSTANDING THE VERDICT.
motion for judgment as a matter of law. (1956) A
party's request that the court enter a judgment in its
favor before the case is submitted to the jury, or after
a contrary jury verdict, because there is no legally suf
ficient evidentiary basis on which a jury could find for
the other party . Under the Federal Rules ofCivil Pro
cedure, a party may move for judgment as a matter
of law anytime before the case has been submitted to
the jury. This kind of motion was formerly known as a
motion for directed verdict (and still is in many jurisdic
tions). If the motion is denied and the case is submit
ted to the jury, resulting in an unfavorable verdict, the
motion may be renewed within ten days after entry of
the judgment. This aspect of the motion replaces the
court paper formerly known as a motion for judgment
notwithstanding the verdict. Fed. R. Civ. P. 50. [Cases:
Federal Civil Procedure C=c212 1, 2605; Judgment
199; Trial
motion for judgment notwithstanding the verdict.
(1822) A party's request that the court enter a judgment
in its favor despite the jury's contrary verdict because
there is no legally sufficient evidentiary basis for a jury
to find for the other party . Under the Federal Rules
of Civil Procedure, this procedure has been replaced by
the provision for a motion for judgment as a matter of
law, which must be presented before the case has been
submitted to the jury but can be reasserted if it is denied
and the jury returns an unfavorable verdict. Fed. R. Civ.
P. 50. -Also termed motion for j.n.o. v. See MOTION FOR
JUDGMENT AS A MATTER OF LAW. [Cases: Federal Civil
Procedure Judgment C=c 199.]
motion for judgment of acquittal. (1923) A criminal
defendant's request, at the close of the government's
case or the close ofall evidence, to be acquitted because
there is no legally sufficient evidentiary basis on which a reasonable jury could return a guilty verdict. _ If
the motion is granted, the government has no right of
appeal. Fed. R. Crim. P. 29(a). -Abbr. MJOA. [Cases:
Criminal LawC=c753.2.]
motion for judgment on the pleadings. (1923) A party's
request that the court rule in its favor based on the
pleadings on file, without accepting evidence, as when
the outcome of the case rests on the court's interpreta
tion ofthe law. Fed. R. Civ. P. 12(c). [Cases: Federal Civil
Procedure Pleading C=c342.]
motion for leave to appeal. (1874) A request that an
appellate court review an interlocutory order that
meets the standards ofthe collateral-order doctrine.
Abbr. MLA. See COLLATERAL-ORDER DOCTRINE.
[Cases: Appeal and Error C=c358; Federal Courts
660.30.]
motion for modification. See motion to modify under
MOTION (1).
motion for more definite statement. (1904) A party's
request that the court require an opponent to amend
a vague or ambiguous pleading to which the party
cannot reasonably be required to respond. Fed. R. Civ.
P. 12(e). Also termed motion for a more definite state
ment. [Cases: Federal Civil ProcedureC=c957; Pleading
C=c367.]
"Another disfavored motion is the motion for a more
definite statement. Bya 1948 amendment to the rules,
the old bill of particulars was abolished. The motion for
more definite statement, which serves much the same
function, is to be granted only where a pleading to which a
responsive pleading is permitted is so vague or ambiguous
that the party cannot reasonably be required to frame a
responsive pleading. If the pleading is sufficiently definite
that the opponent can reply to it, the motion for more
definite statement should be denied and any particulars
that the opponent needs to prepare for trial obtained by
depositions, interrogatories, and similar discovery proce
dures. The motion is never proper where no responsive
pleading is permitted, nor should it be used to force the
plaintiff to include additional particulars that may make
the complaint vulnerable to a motion to dismiss." Charles
Alan Wright, The Law of Federal Courts  66, at 461-62
(5th ed. 1994).
motion for new trial. (l8c) A party's postjudgment
request that the court vacate the judgment and order
a new trial for such reasons as factually insufficient
evidence, newly discovered evidence, and jury miscon
duct.  In many jurisdictions, this motion is required
before a party can raise such a matter on appeaL
Also termed motion for a new trial. [Cases: Criminal
Law C=c948; Federal Civil Procedure C=c2368; New
Trial C=c 124(1).]
motion for protective order. (1948) A party's request
that the court protect it from potentially abusive action
by the other party, usu. relating to discovery, as when
one party seeks discovery of the other party's trade
secrets. A court will sometimes craft a protective
order to protect one party's trade secrets by ordering
that any secret information exchanged in discovery
be used only for purposes of the pending suit and not
be publicized. Also termed motion for a protective

1109
order. [Cases: Federal Civil Procedure C::>1271; Pretrial
Procedure ~41.]
motion for reduction. See MOTION (1).
motion for relief from stay. See MOTION TO LIFT THE
STAY.
motion for relief from the judgment. (1867) A party's
request that the court correct a clerical mistake in the
judgment -that is, a mistake that results in the judg
ment's incorrectly reflecting the court's intentions -or
relieve the party from the judgment because of such
matters as (1) inadvertence, surprise, or excusable
neglect, (2) newly discovered evidence that could not
have been discovered through diligence in time for a
motion for new trial, (3) the judgment's being the result
offraud, misrepresentation, or misconduct by the other
party, or (4) the judgment's being void or haVing been
satisfied or released. Fed. R. Civ. P. 60. Cf. MOTION TO
ALTER OR AMEND THE JUDGMENT. [Cases: Federal Civil
Procedure Judgment~336-402.]
motion for repleader. (18c) Common-law pleading. An
unsuccessful party's posttrial motion asking that the
pleadings begin anew because the issue was joined
on an immaterial point.  The court never awards a
repleader to the party who tendered the immaterial
issue. Cf. REPLEADER. [Cases: PleadingC::>286.]
motion for resettlement. See MOTION (1).
motion for summary judgment. (1842) A request that
the court enter judgment without a trial because there is
no genuine issue ofmaterial fact to be decided by a fact
finder that is, because the evidence is legally insuf
ficient to support a verdict in the nonmovant's favor .
In federal court and in most state courts, the movant
defendant must point out in its motion the absence of
evidence on an essential element ofthe plaintiff's claim,
after which the burden shifts to the nonmovant-plain
tiff to produce evidence raising a genuine fact issue.
But ifa party moves for summary judgment on its own
claim or defense, then it must establish each element of
the claim or defense as a matter ofIaw. Fed. R. Civ. P.
56. -Abbr. MSJ. -Also termed summary-judgment
motion; motion for summary disposition. See SUMMARY
JUDGMENT. [Cases: Federal Civil Procedure <::--~2533;
Judgment (;=181(2), 183.]
motion in arrest ofjudgment. (17c) 1. A defendant's
motion claiming that a substantial error appearing on
the face ofthe record vitiates the whole proceeding and
the judgment. 2. A postjudgment motion in a criminal
case claiming that the indictment is insufficient to
sustain a judgment or that the verdict is somehow
insufficient. [Cases: Criminal Law ~966-976.]
motion in limine (in lim~-nee). (I8c) A pretrial request
that certain inadmissible evidence not be referred to or
offered at trial. -Typically, a party makes this motion
when it believes that mere mention of the evidence
during trial would be highly prejudicial and could not
be remedied by an instruction to disregard. If, after
the motion is granted, the opposing party mentions or
attempts to offer the evidence in the jury's presence, a motion to dissolve interference
mistrial may be ordered. A ruling on a motion in limine
does not always preserve evidentiary error for appel
late purposes. To raise such an error on appeal, a party
may be required to formally object when the evidence
is actually admitted or excluded during trial. [Cases:
Criminal Law~632(4); Federal Civil Procedure
927.5; Pretrial Procedure
motion ofcourse. See MOTION (1).
motion to alter or amend the judgment. (1950) A party's
request that the court correct a substantive error in the
judgment, such as a manifest error oflaw or fact.
Under the Federal Rules of Civil Procedure, a motion
to alter or amend the judgment must be filed within ten
days after the judgment is entered. It should not ordi
narily be used to correct clerical errors in a judgment.
Those types oferrors -that is, errors that result in the
judgment not reflecting the court's intention -may be
brought in a motion for relief from the judgment, which
does not have the ten-day deadline. A motion to alter
or amend the judgment is usu. directed to substantive
issues regarding the judgment, such as an intervening
change in the law or newly discovered evidence that was
not available at trial. Fed. R. Civ. P. 59(e). Cf. MOTION
POR RELIEF PROM THE JUDGMENT. [Cases: Federal Civil
Procedure C=)2659; Judgment C:)'294-333.]
motion to compel discovery. (1960) A party's request
that the court force the party's opponent to respond to
the party's discovery request (as to answer interroga
tories or produce documents), Fed. R. Civ. P. 37(a).
Often shortened to motion to compel. Also termed
motion to enforce discovery. [Cases: Federal Civil Proce
dure ~1278; Pretrial Procedure 310,434.]
motion to correct inventorship. Patents. A request in an
interference proceeding to add one or more unnamed
coinventors to the patent application . The motion will
be granted unless the unnamed coinventor acted with
the intent to deceive. [Cases: Patents <::::::::> 106(1).]
motion to dismiss. (18c) A request that the court dismiss
the case because of settlement, voluntary withdrawal,
or a procedural defect. -Under the Federal Rules of
Civil Procedure, a plaintiff may voluntarily dismiss
the case (under Rule 41(a)) or the defendant may ask
the court to dismiss the case, usu. based on one ofthe
detenses listed in Rule 12{b).These defenses include lack
of personal or subject-matter jurisdiction, improper
venue, insufficiency ofprocess, the plaintiff's failure
to state a claim on which relief can be granted, and the
failure to join an indispensable party. A defendant will
frequently file a motion to dismiss for failure to state
a claim, which is governed by Rule 12(b)(6), claiming
that even if all the plaintiff's allegations are true, they
would not be legally sufficient to state a claim on which
relief might be granted. Abbr. MID. See DEMURRER.
[Cases: Criminal Law ~303.5-303.35; Federal Civil
Procedure 1707,1825; Pretrial Procedure C::>511,
675.]
motion to dissolve interference. Patents. A request by
the senior party to dismiss challenges to its priority as
the first inventor. [Cases: Patents (.;::;:, 106(5).]

1110 motion to enforce discovery
motion to enforce discovery. See MOTION TO COMPEL
DISCOVERY.
motion to lift the stay. (1969) Bankruptcy. A party's
request that the bankruptcy court alter the automatic
bankruptcy stay to allow the movant to act against the
debtor or the debtor's property, as when a creditor seeks
permission to foreclose on a lien because its security
interest is not adequately protected. -Also termed


itor seeks
permission to foreclose on a lien because its security
interest is not adequately protected. -Also termed
motion for relief from stay; motion to modify the stay.
[Cases: Bankruptcy C=='2435.]
motion to modify. See MOTION (1).
motion to modify the stay. See MOTION TO LIFT THE
STAY.
motion to quash (kwahsh). (l8c) A party's request that
the court nullify process or an act instituted by the
other party, as in seeking to nullify a subpoena. [Cases:
Witnesses C=='9, 16.]
motion to remand. (1816) In a case that has been
removed from state court to federal court, a party's
request that the federal court return the case to state
court, usu. because the federal court lacks jurisdic
tion or because the procedures for removal were not
properly followed. 28 USCA  1447(c). [Cases: Removal
of Cases C==' 107.]
motion to strike. (1806) 1. Civil procedure. A party's
request that the court delete insufficient defenses or
immaterial, redundant, impertinent, or scandalous
statements from an opponent's pleading. Fed. R. Civ.
P. 12(f). [Cases: Federal Civil Procedure 1144;
Pleading C=='351, 361.] 2. Evidence. A request that inad
missible evidence be deleted from the record and that
the jury be instructed to disregard it. [Cases: Federal
Civil Procedure C=='20l8; Trial C=='88.]
motion to suppress. (I8c) A request that the court
prohibit the introduction ofillegally obtained evidence
at a criminal trial. [Cases: Criminal Law C=='394.6.]
motion to transfer venue. (I934) A request that the
court transfer the case to another district or county,
usu. because the original venue is improper under the
applicable venue rules or because oflocal prejudice. See
VENUE; CHANGE OF VENUE. [Cases: Criminal Law C=='
115-144; Federal Courts C==' 141; Venue C=='58.]
motion to withdraw. 1. An attorney's request for a
court's permission to cease representing a client in a
lawsuit. 2. A defendant's formal request for a court's
permission to change the defendant's plea or strike
an admission. -Also termed (in sense 2) motion to
withdraw a plea. [Cases: Attorney and Client C=='76(l);
Criminal Law C==' 1831.]
motion to withdraw a plea. See MOTION TO WITHDRAW
(2).
motive. (14c) Something, esp. willful desire, that leads
one to act. -Also termed ulterior intent. Cf. INTENT.
"The term 'motive' is unfortunately ambiguous. That
feeling which internally urges or pushes a person to do or
refrain from doing an act is an emotion, and is of course
evidential towards his doing or not doing the act. But when
that evidential fact comes in turn to be evidenced, we must rely on two sorts of data, (a) the person's own expressions
of that emotion, e.g., 'I hate M,' or 'I wish I owned that
necklace'; and (b) external circumstances likely in human
experience to arouse the emotion, e.g., a slander on D may
be evidence that D became angry; a purse of money left in
sight of D may be evidence that D's desire to have it was
aroused. Now this second sort of evidential circumstance
(b) is loosely referred to as 'motive,' -though in reality it
is only evidential of the emotion, which itself is evidential
of the act." John H. Wigmore, A Students' Textbook of the
Law of Evidence 76 (1935).
bad motive. (l8c) A person's knowledge that an act is
wrongful while the person commits the act.
malicious motive. (l8c) A motive for bringing a pros
ecution, other than to do justice. [Cases: Malicious
Prosecution C=='30.]
Motor Carrier Act. A federal statute, originally enacted
in 1935 (49 USCA  502-507), subjecting commer
cial motor carriers of freight and passengers in inter
state commerce to the regulations of the Interstate
Commerce Commission, now the U.S. Department of
Transportation . The Act was repealed in the 1980s.
[Cases: Automobiles C=='60.]
MOU. abbr. MEMORANDUM OF UNDERSTANDING.
movable, n. (usu. pl.) (l5c) 1. Property that can be moved
or displaced, such as personal goods; a tangible or intan
gible thing in which an interest constitutes personal
property; specif., anything that is not so attached to
land as to be regarded as a part of it as determined by
local law. -Also termed movable property; movable
thing. [Cases: Property C:::)4.]
"Movables and immovables. The main distinction drawn
in later Roman law and modern systems based thereon
between kinds of things subject to ownership and pos
session. While basically the distinction corresponds to
everyday conceptions, assigning animals and vehicles to
the former and land and buildings to the latter category,
particular things may be assigned to one category rather
than the other for reasons of convenience. Thus, in French
law, farm implements and animals are immovables. The
distinction is also important in international private law,
more so than that between real and personal ... Thus,
land held on lease is personal property by English law for
historical reason, but in international private law it is a
right in immovable property." David M. Walker, The Oxford
Companion to Law 858 (1980).
intangible movable. A physical thing that can be
moved but that cannot be touched in the usual sense.
 Examples are light and electricity.
'''Intangible movables' is a term of art in the common law
which has been applied more widely than its meaning lit
erally justifies, which is merely to those things that have
physical existence and can be moved, though cannot be
touched in the normal sense, such as light, electricity and
radioactive waves. In English law the term has been gener
ally applied to interests created by law which have only a
legal, not a physical existence, and are accordingly capable
only of legal, not phYSical, movement. It is convenient,
however, to retain a term which is generally accepted and
understood in this special legal meaning." R.H. Graveson,
Conflict of Laws 470 (7th ed. 1974).
2. Scots law. A nonheritable right. -Also spelled (in
BrE) moveable. Cf. IMMOVABLE. -movable, adj.
"Moveables are, in the phraseology of the law of Scotland,
opposed to heritage; so that every species of property,

1111 mulierty
and every right a person can hold, is by that law either i MSA. abbr. See mediated settlement agreement under
heritable or moveable. Hence, moveables are not merely
corporeal subjects capable of being moved, but every
species of property, corporeal or incorporeal, which does
not descend to the heir in heritage." William Bell, Bell's
Dictionary and Digest of the Law ofScotland 662 (George
Watson ed., 1882).
movable estate. See personal property (1) under PRO
PERTY.
movable fixture. See tenant's fixture under FIXTURE.
movable freehold. See FREEHOLD.
movable property. See MOVABLE (1).
movable thing. See MOVABLE (1).
movant (moov-:mt). (1875) One who makes a motion
to the court or a deliberative body. -Formerly also
spelled movent. -Also termed moving party; mover.
Also termed movingparty; mover. [Cases: Federal Civil
Procedure C=-.:c921; Motions C= 11.]
move, vb. (I5c) 1. To make an application (to a court)
for a ruling, order, or some other judicial action <the
appellant moved the court for a new trial>. [Cases:
Federal Civil Procedure C='921; Motions 1.] 2,
To make a motion <the senator moved that a vote be
taken>. See MOTION (2).
moveable. See MOVABLE.
movent. See MOVANT.
mover, n. 1. Slang. A stock that experiences spectacu
lar market price changes; a very unstable stock. 2.
MOVANT.
moving expense. See EXPENSE.
moving papers. The papers that constitute or support a
motion in a court proceeding. -Also termed motion
papers. [Cases: Federal Civil Procedure (;=921;
Motions C=::>2S.J
moving part. Patents. A separate component ofan appa
ratus that works together with another to produce the
intended useful result. -Moving parts and a rule of
operation generally distinguish an apparatus from an
article ofmanufacture.
moving party. See MOVANT.
moving violation. (1954) An infraction of a traffic law
while the vehicle is in motion. [Cases: Automobiles
144.1(3),349.]
Mozilla public license. See LICENSE.
MP. abbr. Member ofParliament. See PARLIAMENT.
MPC. abbr. MODEL PENAL CODE.
MPC test. See SUBSTANTIAL-CAPACITY TEST.
MPEP. abbr. MANUAL OF PATENT EXAMINING PROCE
DURE.
MPL. abbr. Mozilla public license. See Mozilla public
license under LICENSE.
Mr. Denman's Act. See DENMAN'S ACT (2).
MRE. abbr. MILITARY RULES OF EVIDENCE. SETTLEMENT (2).
MSHA. abbr. MINE SAFETY AND HEALTH ADMINISTRA
TION.
MSJ. abbr. MOTION FOR SUMMARY JUDGMENT.
m.s.p. abbr. MORTUUS SINE PROLE.
MSPB. abbr. MERIT SYSTEMS PROTECTION BOARD.
MSTB. abbr. MODEL STATE TRADEMARK BILL.
MTD. abbr. MOTION TO DISMISS.
MUD. abbr. See municipal utility district under
DISTRICT.
mug book. (1947) A collection ofmug shots of criminal
suspects maintained by law-enforcement agencies (such
as the FBI and police departments) to be used in iden
tifying criminal offenders.
mug shot. (1950) A photograph of a person's face taken
after the person has been arrested and booked.
mulct (mCllkt), n. (16c) A fine or penalty.
mulct, vb. (17c) 1. To punish by a fine. 2. To deprive or
divest of, esp. fraudulently.
mulct law. Hist. An Iowa law that allowed some saloons
to pay the state a sum ofmoney and continue to operate
despite a statewide prohibition against alcohol sales.
While the money paid was called a mulct, it was effec
tivelya licensing tax rather than a criminal penalty
because continuing violations of the liquor law were
not prosecuted.
mule. Slang. A person hired to smuggle contraband, esp.
a controlled substance, and deliver it to the distribu
tor at a destination point . For example, a drug mule
might carry cocaine through a security checkpoint by
concealing it beneath a suitcase's false bottom.
mulier (myoo-Iee-Clr), n. [Latin]l. Roman law. A woman.
 This term at various times referred to a marriageable
virgin, a woman not a virgin, a wife, or a mistress. 2.
Hist. & Scots law. A legitimate son; the son of a mulier
("lawful wife").
mulieratus filiUS (myoo-lee-er-<l-tCls fil-ee-ds). Hist. &
Scots law. A legitimate son or daughter; the son of a
mulier ("lawful wife").
mulierpuisne (myoo-Iee-Clr pyoo-nee), [Law Latin] Hist.
The younger lawful son, usu. distinguished from the
bastard eigne ("the elder bastard son").
"The common law developed one exception to its harsh
doctrine of bastardy. Where the eldest son was born
out of wedlock (the bastard eigne) and the next son was
born to the same parents after the marriage (the mulier
puisne), and upon the ancestor's death the bastard eigne
entered as heir and remained in undisturbed possession
until his own death, the bastard eigne was treated as if he
had been legitimate with respect to the inheritance of that
land. The reason given by Littleton was that a person who
was legitimate by the Canon law could not be bastardised
posthumously, when he no longer had the opportunity to
contest the issue," J.H. Baker, An Introduction to English
Legal History 559 (3d ed. 1990).
mulierty (myoo-Iee-Clr-tee). Hist. The condition of a
legitimate child, as distinguished from a bastard.

1112 multa
multa (m<ll-t<l), n. [Latin "a fine"] Hist. Eccles. law. A fine
the bishops paid to the king so that they could make
and probate wills and administer estates. -Also
termed multura episcopi (m<ll-t[y]oor-<l i-pis-k<l-pI).
multicraft union. See UNION.
multidisciplinary practice. A fee-sharing association
oflawyers and nonlawyers in a firm that delivers both
legal and nonlegal services . Rule 5.4 of the Model
Rules of Professional Conduct effectively bars multi
disciplinary practice. Under this rule, a lawyer cannot
(1) share legal fees with nonlawyers, (2) form a partner
ship involving the practice oflaw with nonlawyers, (3)
form a law firm in which a nonlawyer has an interest,
or (4) allow a nonlawyer to direct the lawyer's profes
sional judgment. -Abbr. MDP. -Sometimes termed
multidisciplinary practice oflaw. [Cases: Attorney and
Client c=>10.]
multidistrict litigation. (1966) Civil procedure. Federal
court


Attorney and
Client c=>10.]
multidistrict litigation. (1966) Civil procedure. Federal
court litigation in which civil actions pending in differ
ent districts and involving common fact questions are
transferred to a single district for coordinated pretrial
proceedings, after which the actions are returned to
their original districts for trial.  Multidistrict litiga
tion is governed by the Judicial Panel on Multidistrict
Litigation, which is composed of seven circuit and
district judges appointed by the Chief Justice of the
United States. 28 USC A  1407. -Abbr. MDL. [Cases:
Federal Civil Procedure C=>9; Federal Courts C=>
151-157.]
Multiethnic Placement Act of 1994. A model statute
intended to (1) decrease the length oftime that a child
awaits adoption, (2) identify and recruit adoptive and
foster parents who can meet the needs of available
children, and (3) eliminate adoption discrimination
based on race, color, or national origin of the child or
the adoptive parents. -Abbr. MEPA.
multifarious (m<ll-t<l-fair-ee-<ls), adj. (16c) 1. (Of a single
pleading) improperly joining distinct matters or causes
of action, and thereby confounding them. [Cases:
Federal Civil Procedure C=>676; Pleading C=>SO, 64.]
2. Improperly joining parties in a lawsuit. 3. Diverse;
many and various. -multifariousness, n.
multifarious issue. See ISSUE (1).
multilateral, adj. (1827) Involving more than two parties
<a multilateral agreement>.
multilateral advance pricing agreement. See ADVANCE
PRICING AGREEMENT.
multilevel-distribution program. See PYRAMID
SCHEME.
multimaturity bond. See put bond under BOND (3).
multimodal shipping. The transportation of freight
using more means of carriage and usu. more than one
carrier.  For example, a cargo may be carried first by
air or sea, then by rail or truck to its destination. -Also
termed intermodal transport; multimodal carriage.
multinational corporation. See CORPORATION. multipartite, adj. (17c) (Of a document, etc.) divided into
many parts.
multiperil policy. See INSURANCE POLICY.
multiple access. See ACCESS (4).
multiple admissibility. See ADMISSIBILITY.
multiple-class application. See combined application
under TRADEMARK APPLICATION.
multiple counts. See COUNT.
multiple damages. See DAMAGES.
multiple-dependent claim. See PATENT CLAIM.
multiple evidence. See EVIDENCE.
multiple hearsay. See double hearsay under HEARSAY.
multiple interest. See INTEREST (2).
multiple job-holding. See MOONLIGHTING.
multiple listing. See LISTING (1).
multiple offense. See OFFENSE (1).
multiple-party account. See ACCOUNT.
multiple sentences. See SENTENCE.
multiplicity (m<ll-t<l-plis-i-tee), n. Criminal procedure.
The improper charging of the same offense in more
than one count of a single indictment or information.
 Multiplicity violates the Fifth Amendment protec
tion against double jeopardy. [Cases: Indictment and
Information C=>126.] -multiplicitous (m<ll-t<l-plis
i-t<ls), adj.
multiplicity of actions. (17c) The existence of two or
more lawsuits litigating the same issue against the
same defendant. -Also termed multiplicity ofsuits;
multiplicity ofproceedings. See PIECEMEAL LITIGATION.
[Cases: Action C=>S3.]
multiplicity ofclaims. See AGGREGATION OF CLAIMS.
multiplied damages. See multiple damages under
DAMAGES.
Multistate Bar Examination. See BAR EXAMINATION.
multistate corporation. See CORPORATION.
multital (mal-ti-t<ll), adj. (1917) 1. Ofor relating to legal
relations that exist among three or more people, esp. a
multitude ofpeople. Cf. UNITAL.
"Tort and breach of contract are alike breaches of duty,
but in the case of tort the pre-existing duty of the wrong
doer was one that was shared by every other member of
society; and the injured party whose right was violated
had not merely one right, he had a multitude of rights. His
rights and the correlative duties of others were 'multital.'
The secondary right and duty, however, arising from the
tort, are relations that exist between the two persons only.
They are 'unital.' In the case of a breach of contract, both
the primary right and duty and the secondary right and
duty are 'unital.'" William R. Anson, Principles of the Law of
Contract 11 (Arthur L. Corbin ed., 3d Am. ed. 1919).
2. Rare. See IN REM.
multura episcopi. See MULTA.
multure. Hist. 1. A quantity of grain that was paid to
a mill's owner or tenant in exchange for grinding the

1113
remaining grain. 2. A miller's right to payment in grain
for milling services rendered.
Munchausen syndrome by proxy (man-chow-z ..n). A
condition in which a caregiver, usu. a parent, fabri
cates or induces a child's medical condition and seeks
medical treatment for the child on the basis ofthe fab
rications or induced condition . This syndrome is a
kind ofchild abuse, esp. when the victim is subjected
to repeated medical examinations and treatment, often
ofan invasive nature, and sometimes even to physical
injuries that induce symptoms consistent with the fal
sified medical condition. The parent is usu. emotion
ally deprived and fabricates or causes the child's illness
or medical condition as an attention-getting device.
[Cases: Infants (;=:' 156, 158.]
mund (m..nd or muund). [Old English "hand"] Hist. A
right to protection or guardianship; a guardian. Cf.
MANUS (1).
"Once more we see prerogatival rights growing, while
feudal claims fall into the background; and in the case
of lunacy we see a guardianship, a mund, which is not
profitable to the guardian, and this at present is a novel
and noteworthy thing." 1 Frederick Pollock & Frederic W.
Maitland, The History of English Law Before the Time of
Edward 1481 (2d ed. 1898).
mundium (man-dee-dm). [Law Latin] The legal protec
tion and representation granted to a person who is
socially and phYSically weak.
'In a society of persons in which the authority to maintain
the law was in the hands of its members, and of which the
membership rested on the ability to bear arms and defend
oneself ('weer'), those who. for want of strength or some
other reason, were unable to do so. could not play an active
part, and were necessarily placed under the authority of
those whose protection they needed. Originally, mundium
was not limited to family law. Gradually it lost its wider
meaning, and in its restricted sense it received different
applications, as family relations became classified into
separate groups, and the conception of mundium appeared
under different forms. with special rules and speCial
names -e.g., marital power, parental power, guardian
ship, and curatorship." Alexander Wood Renton & George
Grenville Phillimore, The Comparative Law ofMarriage and
Divorce 10 (1910).
munera (myoo-ndr-d), n. [Law Latin "graces"] Hist.
Tenancies at will; tenancies made at the grantor's
pleasure.
munerapublica (myoo-n..r-d PJb-li-b). [Latin] Roman
law. Public duties, such as performing the offices of
tutor and curator, and of index privatus. Sing. munus
publicum.
"Among the Romans there were certain offices regarded
as public duties, which no citizen (unless he could plead
certain speCified excuses) could refuse to accept of and
fulfil; and among these were included the offices of
tutor and curator. These offices are voluntary by the law
of Scotland, and their acceptance, as well as the perfor
mance of the attendant duties. cannot be imposed upon
anyone against his own wish. But if the office has been
once accepted and acted upon. the tutor or curator cannot
resign it. He must perform the duties of his office until
it expires through the death, attainment of minority or
majority, as the case may be, or it may be through the
marriage of the ward, and he will be liable for the conse
quences of his neglect, as well as the consequences of his municipal law
actings and intromissions." John Trayner, Trayner's Latin
Maxims 364 (4th ed. 1894).
muni (myoo-nee), n, See municipal bond under BOND
(3).
municeps (myoo-nd-seps), n. [fr. Latin munus "office" +
capere "to take"] Roman law. 1. A citizen of a munici
pality (municipium), 2. A member of the council of a
municipium. PI. municipes (myoo-ni-sip-eez).
municipal, adj. (16c) 1. Of or relating to a city, town,
or local governmental unit. 2. Of or relating to the
internal government ofa state or nation (as contrasted
with international).
municipal, n. See muniCipal bond under BOND (3).
municipal action. Any authorized exercise of govern
mental power by a municipal officer, board, agency, or
other municipal body. [Cases: Municipal Corporations
(;::>61.]
municipal affairs. The matters relating to the local gov
ernment of a municipality. [Cases: Municipal Corpo
rations
municipal aid. Financial or other assistance provided
by a municipality to a private business, usu, to encour
age it to relocate to the municipality. [Cases: Municipal
Corporations (;::>872.]
municipal attorney. See CITY ATTORNEY.
municipal bond. See BOND (3).
municipal charter. See CHARTER (2).
municipal corporation. A city, town, or other local
political entity formed by charter from the state and
having the autonomous authority to administer the
state's local affairs; esp., a public corporation created for
political purposes and endowed with political powers to
be exercised for the public good in the administration
oflocal civil government. Also termed municipal
ity. Cf. quaSi-corporation under CORPORATION. [Cases:
Municipal Corporations (;::> 1.1.]
municipal corporation de facto. A corporation rec
ognized to exist, although it has not fully complied
with statutory requirements, when there is (1) a valid
law authorizing its incorporation, (2) a colorable and
bona fide attempt to organize under that law, and (3)
an assumption of powers conferred under that law.
[Cases: Municipal Corporations (;::> 17.J
municipal court. See COURT.
municipal domicile. See DOMICILE.
municipal election. See ELECTION (3).
municipal function. 1he duties and responsibilities that
a municipality owes its members.
municipal government. See local government under
GOVERNMENT.
municipality. (l8c) 1. MUNICIPAL CORPORATION. 2. The
governing body ofa municipal corporation,
municipal judge. See rUDGE.
municipal law. 1. The ordinances and other laws appli
cable within a city, town, or other local governmental

1114 municipal lien
entity. [Cases: Municipal Corporations 2. The
internal law of a nation, as opposed to international
law.
municipal lien. See LIEN.
municipal officer. See OPFICER (1).
municipal ordinance. See ORDINANCE.
municipal security. See municipal bond under BOND
(3).
municipal utility district. See DISTRICT.
municipal warrant. See WARRANT (2).
municipium (myoo-na-sip-ee-am), n. [Latin "free town"]
Roman law. A self-governing town; specif., any com
munity allied with or conquered by Rome and allowed
to maintain certain privileges (such as maintaining
separate laws called leges municipales) .  The members
of a municipium were also Roman citizens. PI. muni
cipia (myoo-ni-sip-ee-a).
muniment (myoo-n<l-m<lnt). (I5c) A document (such as a
deed or charter) eVidencing the rights or privileges ofa
person, family, or corporation. Also termed (archai
cally) miniment. [Cases: Corporations
muniment house. Hist. A place (such as a room in a
castle or cathedral) where titles, deeds, and other evi
dences of title are stored.
muniment of title. (1806) Documentary evidence of
title, such as a deed or a judgment regarding the own
ership ofproperty. Also termed common assurance.
See CHAIN OP TITLE. [Cases: Property
mural monument. See MONUMENT.
murder, n. (bef. 12c) The killing of a human being with
malice aforethought.  At common law, the crime of
murder was not subdivided, but many state statutes
have adopted the degree structure outlined below,
though the Model Penal Code has not. Model Penal
Code  210.2. See MALlCE AFORETHOUGHT. Cf. MAN
SLAUGHTER. [Cases: Homicide murder,
vb. -murderous, adj.
"The word 'murder' has ... had a devious history. Its
original sense is the particularly heinous crime of secret
slaying. After the conquest it was observed that Normans
were frequently found dead under mysterious circum
stances, and so William I enacted that ifanyone were found
slain and the slayer were not caught, then the hundred
should pay a fine; this fine is a murdrum. The practice soon
grew up to taking inquests and if it were presented that the
dead man was English,


murdrum. The practice soon
grew up to taking inquests and if it were presented that the
dead man was English, then the fine was not due. In 1267
it was enacted that accidental deaths should not give rise
to murdrum, and finally in 1340 presentment of Englishry
and murdrumwere abolished. Henceforth the word slowly
tends to get linked up with 'malice aforethought' and so we
get the classical formulae describing the crime of murder."
Theodore F.T Plucknett, A Concise History ofthe Common
Law 445 (5th ed. 1956).
constructive murder. See felony murder.
depraved-heart murder. (1975) A murder resulting
from an act so reckless and careless of the safety of
others that it demonstrates the perpetrator's complete
lack of regard for human life. Also termed depraved-indifference murder; unintentional murder.
[Cases: Homicide <">::>533.]
felony murder. (1926) Murder that occurs during the
commission of a dangerous felony (often limited to
rape, kidnapping, robbery, burglary, and arson).
Also termed unintentional murder; (in English law)
constructive murder. See FELONY-MURDER RULE.
[Cases: Homicide (;::::0580.]
first-degree murder. (1895) Murder that is willful,
deliberate, or premeditated, or that is committed
during the course ofanother dangerous felony . AII
murder perpetrated by poisoning or by lying in wait
is considered first-degree murder. All types of murder
not involving willful, deliberate, and premeditated
killing are usu. considered second-degree murder.
Also termed murder ofthe first degree; murder one.
[Cases: Homicide C=:>539.]
mass murder. (1917) A murderous act or series of acts
by which a criminal kills many victims at or near the
same time, usu. as part of one act or plan. Cf. serial
murder.
murder by torture. (1901) A murder preceded by the
intentional infliction of pain and suffering on the
victim.
"In some jurisdictions, a murder by torture may constitute
murder in the first degree. It occurs when a defendant
intentionally inflicts pain and suffering upon his victim
for the purpose of revenge, extortion, or persuasion." 2
Charles E. Torcia, Wharton's Criminal Law  144, at 281
(15th ed. 1994).
murder ofthe first degree. See first-degree murder.
murder of the second degree. See second-degree
murder.
murder ofthe third degree. See third-degree murder.
murder one. See first-degree murder.
murder three. See third-degree murder.
murder two. See second-degree murder.
second-degree murder. (1909) Murder that is not aggra
vated by any of the circumstances of first-degree
murder. -Also termed murder ofthe second degree;
murder twa. [Cases: Homicide C=:>544.]
serial murder. (1977) A murder in which a criminal
kills one of many victims over time, often as part of
a pattern in which the criminal targets victims who
have some similar characteristics. Cf. mass murder.
third-degree murder. (1933) A wrong that did not con
stitute murder at common law . Only a few states
have added to their murder statutes a third degree of
murder. The other states claSSify all murders in two
degrees. Manslaughter is not a degree of the crime
of murder, but instead is a distinct offense. -Also
termed murder of the third degree; murder three.
[Cases: Homicide C=:>548.)
unintentional murder. 1. A killing for which malice
is implied because the person acted with intent to
cause serious physical injury or knew that the conduct
was substantially certain to cause death or serious

1115 mutual-agreement program
physical injury. _ In some jurisdictions, this term is
applied generally to several grades ofkillings without
express intent. 2. See depraved-heart murder. 3. See
felony murder. 4. See voluntary manslaughter under
MANSLAUGHTER.
willful murder. (16c) The unlawful and intentional
killing of another without excuse or mitigating cir
cumstances.
murder clause. A contract provision that imposes
onerous -often unreasonable obligations on one
party. -Murder clauses are usu. found in construc
tion contracts.
murdrum (m~r-dr~m). [Law Latin] Hist. 1. The secret
killing ofsomeone. 2. A fine against the tithing where
the secret and unsolved homicide took place.
"The readiness with which the Norman administrators
seized on this Anglo-Saxon system was probably due to
its effectiveness in collecting the murdrum, the murder
fine. In ordinary cases of homicide, the whole district ~
except the kin of the suspect ~would be zealous to bring
the malefactor to Justice. But we can readily see that, ifthe
person killed was a Norman, every effort would be made
to shield the murderer. The Norman rulers had recourse
to the device ... of imposing a group responsibility. The
tithing within which the murdered Norman was found was
compelled to pay a fine or to discover and surrender the
homicide. The word murdrum is a word of uncertain ety
mology, and has given us our term for willful homicide."
Max Radin, Handbook ofAnglo-American Legal Historv
175-76 (1936).
3. Murder; speci., murder with malice aforethought.
See MALICE AFORETHOUGHT.
murorum operatio (myuur-or-<lm op-a-ray-shee-oh).
[Latin] Hist. Repair work to the fortifications of build
ings, cities, or castles, performed by their inhabitants.
muster, vb. (14c) Military law. 1. To assemble together
(troops) for inspection or service. 2. To assemble
together (potential troops) for enlistment. [Cases:
Armed Services (;:::> 18.J
muster roll. Maritime law. A shipmaster's account listing
the name, age, national character, and quality ofevery
employee on the ship. _ In wartime, it is used in ascer
taining a ship's neutrality. [Cases: Shipping C=:>67.J
must-pass bill. See BILL (3).
mutation, n. A Significant and basic alteration; esp. in
property law, the alteration of a thing's status, such
as from separate property to community property.
mutate, vb. -mutational, adj.
mutation oflibel. Maritime law. An amendment to a
complaint. See UBEL (3).
mutatio nominis (myoo-tay-shee-oh nom-<:>-nis). [Latin]
Roman law. Change ofname. -It was allowed provided
that no prejudice was thereby caused to others. The
related phrase mutato nomine (myoo-tay-toh nom-a
nee) means "the name having been changed."
mutatis mutandis (myoo-tay-tis myoo-tan-dis). [Latin]
(16c) All necessary changes having been made; with the
necessary changes <what was said regarding the first contract applies mutatis mutandis to all later ones>.
[Cases: Contracts (;:::'159.]
mute, n. (17c) 1. A person who cannot speak. [Cases: Wit
nesses C=:>229.] 2. A person (esp. a prisoner) who stands
silent when required to answer or plead. -Formerly, if
a prisoner stood mute, a jury was empaneled to deter
mine whether the prisoner was intentionally mute or
mute by an act ofGod. By the Criminal Law Act of 1827
(7 & 8 Geo. 4, ch. 28), ifa prisoner was mute by malice,
the officer automatically entered a plea of not guilty
and the trial proceeded. Ifadjudicated to be insane, the
prisoner was kept in custody until the Crown deter
mined what should be done.-Also termed (in sense
2) standing mute.
mutilation, n. (16c) 1. The act or an instance of render
ing a document legally ineffective by subtracting or
altering -but not completely destroying an essen
tial part through cutting, tearing, burning, or erasing.
[Cases: Alteration ofInstruments (;:::2.] 2. Criminal
law. lhe act ofcutting off or permanently damaging a
body part, esp. an essential one. [Cases: Mayhem (;:::> 1.]
See MAYHEM. -mutilate, vb. -mutilator, n.
mutiny (myoo-t<l-nee), n. (16c) 1. An insubordination
or insurrection of armed forces, esp. sailors, against
the authority of their commanders; a forcible revolt by
members of the military against constituted author
ity, usu. their commanding officers. [Cases: Armed
Services (;:::>37; Military Justice (;:::>680,790.]
"Both mutiny and failure to prevent, suppress, or report a
mutiny are capital offenses .... The elements of mutiny
are (1) creation of any violence or disturbance or acting
in concert with others to refuse to obey orders (2) with
the intent to usurp or override lawful military authority.
One fails to prevent, suppress, or report mutiny when he
does not take all reasonable means to overcome or report
mutiny. Concert of action is not required for mutiny when
the accused creates violence or disturbance." Charles A.
Shanor & L. Lynn Hogue, Military Law in a Nutshell 197-98
(2d ed. 1996).
2. Loosely, any uprising against authority. -Also
termed (in both senses) inciting revolt. mutinous,
adj.
Mutiny Act. Hist. An English statute enacted annually
from 1689 to 1879 to prOVide for a standing army and to
punish mutiny, desertion, and other military offenses.
_ Itwas merged into the Army Discipline and Regula
tion Act of 1879 (ch. 33).
mutual, adj. (16c) 1. Generally, directed by each toward
the other or others; reciprocal. [Cases: Contracts (;:::
55.] 2. (Of a condition, credit covenant, promise, etc.)
reciprocally given, received, or exchanged. 3. (Of a
right, etc.) belonging to two parties; common. [Cases:
Contracts (;:::, 10.] mutuality, n.
mutual account. See ACCOUNT.
mutual affray. See MUTUAL COMBAT.
mutual-agreement program. (1978) A prisoner-rehabil
itation plan in which the prisoner agrees to take part in
certain self-improvement activities to receive a definite
parole date.

mutual assent. See ASSENT.
mutual association. A mutually owned, cooperative
savings and loan association, with the deposits being
shares of the association . A mutual association is not
allowed to issue stock and is usu. regulated by the Office
of Thrift Supervision, an agency of the U.S. Treasury
Department. -See SAVINGS-AND-LOAN ASSOCIATION.
[Cases: Building and Loan Associations C=::c 1.]
mutual-benefit association. A fraternal or social orga
nization that provides benefits for its members, usu.
on an assessment basis. [Cases: Beneficial Associations
C~ 1; Insurance C=::c 1237.]
"In the absence of ... statutory definition, the question of
the extent to which mutual benefit, fraternal beneficiary,
and like associations or societies, are within the meaning
of the insurance laws must depend upon the terms of the
different statutes, and the various circumstances of each
particular case .... Broadly speaking, when a company,
society, or association, either voluntary or incorporated,
and whether known as a relief, benevolent, or benefit
society, or by some similar name, contracts for a consid
eration to pay a sum of money upon the happening of a
certain contingency, and the prevalent purpose and nature
of the organization is that of insurance, it will be regarded
as an insurance company and its contracts as insurance
contracts ...." 2A George j. Couch, Couch on Insurance
 20:2, at 11 (rev. 2d ed. 1984).
mutual-benefit insurance. Benefits provided by a
mutual-benefit association upon the occurrence of a
loss. [Cases: Insurance C=::c 1001, 1237.]
mutual combat. (17c) A consensual fight on equal
terms -arising from a moment of passion but not
in self-defense -between two persons armed with
deadly weapons . A murder charge may be reduced
to voluntary manslaughter if death occurred by mutual
combat. -Also termed mutual affray. Cf. DUEL. [Cases:
Criminal Law C=::c45.15; Homicide C=::c537.]
mutual company. See COMPANY.
mutual contract. See bilateral contract under
CONTRACT.
mutual debts. See DEBT.
mutual demands. (l7c) Countering demands between
two parties at the same time <a claim and counterclaim
in a lawsuit are mutual demands>. [Cases: Set-off and
Counterclaim C=::c41.]
mutual fund. (1934) 1. An investment company that
invests its shareholders' money in a usu. diversified
selection of securities. -Often shortened to fund. 2.
Loosely, a share in such a company.
balanced fund. A mutual fund that maintains a
balanced investment in stocks and bonds, investing
a certain percentage in senior securities.
bond fund. A mutual fund that invests primarily in
specialized corporate bonds or municipal bonds.
closed-end fund. A mutual fund having a fixed
number of shares that are traded on a major securi
ties exchange or an over-the-counter market.
common-stock


number of shares that are traded on a major securi
ties exchange or an over-the-counter market.
common-stock fund. A mutual fund that invests only
in common stock. dualfund. A closed-end mutual fund that invests in
two classes ofstock -stock that pays dividends and
stock that increases in investment value without divi
dends . A dual fund combines characteristics ofan
income fund and a growth fund. -Also termed dual
purpose fund; leverage fund; split fund.
fully managed fund. A mutual fund whose policy
allows reasonable discretion in trading securities in
combination or quantity.
global fund. A mutual fund that invests in stocks and
bonds throughout the world, including the U.S.
Also termed world fund. Cf. single-country fund;
international fund.
growth fund. A mutual fund that typically invests
in well-established companies whose earnings are
expected to increase . Growth funds usu. pay small
dividends but offer the potential for large share-price
increases.
hedge fund. See HEDGE FUND.
income fund. A mutual fund that typically invests in
securities that consistently produce a steady income,
such as bonds or dividend-paying stocks.
index fund. A mutual fund that invests in the stock of
companies constituting a specific market index, such
as Standard & Poor's 500 stocks, and thereby tracks
the stock average.
international fund. A mutual fund that invests in
stocks and bonds of companies outside the U.S.,
but not those within. Cf. global fund; single-country
fund.
leverage fund. See dual fund.
load fund. A mutual fund that charges a commission,
usu. ranging from 4 to 9%, either when shares are pur
chased (afront-end load) or when they are redeemed
(a back-end load).
money-market fund. A mutual fund that invests
in low-risk government securities and short-term
notes.
no-load fund. A mutual fund that does not charge
any sales commission (although it may charge fees
to cover operating costs).
open-end fund. A mutual fund that continually offers
new shares and buys back existing shares on demand.
 An open-end fund will continue to grow as more
shareholders invest because it does not have a fixed
number of shares outstanding.
performance fund. A mutual fund characterized by
an aggressive purchase of stocks expected to show
near-term growth.
regional fund. A mutual fund that concentrates its
investments in a specific geographic area or a par
ticular economic area.
single-country fund. A mutual fund that invests in an
individual nation outside the U.S. Cf. global fund;
international fund.
split fund. See dual fund.

1117
utilityfund. A mutual fund that invests only in public
utility securities.
valuefund. A mutual fund that invests in stocks that
its manager believes to be priced below their true
market value.
vulturefund. An investment company that purchases
bankrupt or insolvent companies to reorganize them
in hopes ofreselling them at a profit.
worldfund. See global fund.
mutual-fund wrap account. See ACCOUNT.
mutual insurance. See INSURANCE.
mutual insurance company. See INSURANCE COMPANY.
mutuality. (16c) The state of sharing or exchanging
something; a reciprocation; an interchange <mutual
ity of obligation>. [Cases: Contracts C:=> 10.]
mutuality doctrine. (1926) The collateral-estoppel
reqUirement that, to bar a party from relitigating an
issue determined against that party in an earlier action,
both parties must have been in privity with one another
in the earlier proceeding. Also termed mutuality of
parties. [Cases: Judgment 678.]
mutuality ofassent. See MEETING OF THE MINDS.
mutuality ofbenefits. See RECIPROCITY (2).
mutuality of contract. See MUTUALITY OF OBLIGA
TION.
mutuality of debts. Bankruptcy. For purposes of setoff,
the condition in which debts are owed between parties
acting in the same capacity, even though the debts are
not of the same character and did not arise out ofthe
same transaction. [Cases: Bankruptcy C::)2674.]
mutuality of estoppel. (1852) 'The collateral-estoppel
principle that a judgment is not concluSively in favor
of someone unless the opposite decision would also be
conclusively against that person. [Cases: Judgment
625,666.]
mutuality ofobligation. (l838) The agreement ofboth
parties to a contract to be bound in some way. -Also
termed mutuality ofcontract. See mutual assent under
ASSENT. [Cases: Contracts G~10.]
"[The] so-called doctrine of 'mutuality of obligation' in
bilateral contracts ... unfortunately has been the cause of
no little confusion. This confusion is evident from the fact
that, while it is commonly admitted there is such a doctrine,
there is a lack of unanimity, both in the statement of it
and in regard to its application. The most common mode
of statement is: 'In a bilateral agreement both promises
must be binding or neither is binding.' This statement is
obviously ambiguous, since it does not indicate in what
sense the promises must be binding. The fact is that it
has been variously interpreted and applied by the courts
with results that have sometimes been inconsistent with
other well settled principles of the law of consideration.
Usually it has been held to mean that a promise that is
not legally obligatory cannot be consideration in spite of
the fact that it may satisfy all the usual requirements of
consideration. However, at times it has in effect been held
to involve the requirement that the undertaking of the
promise relied upon as a consideration must be reason
ably commensurate with, or equivalent to, the undertaking
of the promise which it supports, before it can constitute mutuum
consideration - a kind of doctrine of mutuality of under
taking." John Edward Murray Jr., Murrayon Contracts  90,
at 190-91 (2d ed. 1974).
"The doctrine of mutuality of obligation is commonly
expressed in the phrase that in a bilateral contract 'both
parties must be bound or neither is bound.' But this phrase
is over-generalization because the doctrine is not one of
mutuality of obligation but rather one of mutuality of
consideration. Phrasing the rule in terms of mutuality of
obligation rather than in terms of consideration has led
to so-called exceptions and judicial circumventions ....
It has been suggested that the term 'mutuality of obliga
tion' should be abandoned and we must agree in the light
of the confusion that this term has engendered." John D.
Calamari &Joseph M. Perillo. The Law ofContracts  4-12,
at 226 (3d ed. 1987).
mutuality of parties. See MUTUALITY DOCTRINE.
mutuality ofremedy. (l8l9) The availability of a remedy,
esp. equitable relief, to both parties to a transaction,
sometimes required before either party can be granted
specific performance. See SPECIFIC PERFORMAKCE.
[Cases: Specific Performance
mutual mistake. See MISTAKE.
mutual promises. See PROMISE.
mutual release. See RELEASE.
mutual rescission. See RESCISSION (2).
mutual savings bank. See BANK.
mutual testament. See mutual will under WILL.
mutual will. See WILL
mutuant (myoo-choo-dnt). The provider ofproperty in
a mutuum. See MUTUUM. Cf. MUTUARY.
mutua petitio (myoo-choo-<l p<l-tish-ee-oh), [Latin]
Scots law. A counterclaim. See COUNTERCLAIM. PI.
mutuae petitiones.
mutuari (myoo-choo-air-I), vb. [Latin] To borrow.
mutuary (myoo-choo-er-ee). (1839) The recipient of
property in a mutuum. See MUTUUM. Cf. MUTUANT.
[Cases: Bailment C:=>2, 7.]
mutuatus (myoo-choo-ay-t<ls), n. [Latin] A borrowing;
a loan ofmoney.
mutui datio (myoo-choO-I day-shee-oh). [Latin] Roman
law. lbe lending of objects that could be weighed,
measured, or counted (such as bullion, corn, wine,
oil, and coined money), on the understanding that the
borrower would repay by restoring an equal amount of
the object borrowed. See MUTUUM (2).
mutus etsurdus (myoo-tds et s<lr-d<ls). [Latin] Hist. Deaf
and dumb.
mutuum (myoo-choo-am), n. (I5c) 1. A transac
tion (sometimes referred to as a bailment) in which
goods are delivered but, instead of being returned,
are replaced by other goods of the same kind. At
common law such a transaction is regarded as a sale
or exchange, not as a bailment, because the particular
goods are not returned. [Cases: Bailment ~'2, 7.] 2.
Roman law. A real contract in which money or fungible
goods were delivered from the lender to the borrower,
who was strictly liable to return an equivalent amount.

1118 mysterious disappearance
 Because the contract was gratuitous, any interest had
to be demanded by stipulation. This was one ofthe real
contracts, along with the loan for use (commodatum
(kom-d-day-tdm)) and deposit and pledge (pignoratio
(pig-nd-ray-shee-oh)). See MUTUI DATIO.
mysterious disappearance. A loss of property under
unknown or baffling circumstances that are difficult to
understand or explain. The term is used in insurance
policies covering theft. [Cases: Insurance C=-2152.]
"Under a policy insuring against loss of property by
'mysterious disappearance' recovery is generally allowed where the article disappears from the place the insured
left it, while recovery is ordinarily disallowed where the
insured has no recollection of when he last had possession
of the article and cannot say when or from what place it
disappeared. Thus the addition of the words 'mysterious
disappearance' to a theft policy does not transform it to
an 'all loss' policy covering lost or mislaid articles, but it
remains a theft policy." 43 Am. Jur. 2d Insurance  501, at
575-76 (1982).
mystic testament. See mystic will under WILL.
mystic will. See WILL.

N
n.a. 	 abbr. (1947) 1. (cap.) National Association. See !
national bank under BANK. 2. Not applicable. 3. Not
available. 4. Not allowed.
NAA. abbr. NEUTRON-ACTIVATION ANALYSIS.
NAFTA (naf-t;)). abbr. NORTH AMERICAN !'REE TRADE
AGREEMENT.
naked, adj. (14c) (Of a legal act or instrument) lacking
confirmation or validation <naked ownership of
property>.
naked assignment. See assignment-in-gross under
ASSIGNMENT (2).
naked authority. See AUTHORITY (1).
naked bailment. See gratuitous bailment under BAIL
MENT.
naked confession. See CONFESSION.
naked contract. See NUDUM PACTUM.
naked debenture. See DEBENTURE (3).
naked deposit.!. See gratuitous bailment under BAIL
MENT. 2. See DEPOSIT (5).
naked expectancy. See naked possibility under POSSI-
BILITy.
naked land trust. See land trust under TRUST.
naked license. See LICE::-.rSE.
naked licensee. See bare licensee under LICENSEE.
naked option. See OPTION.
naked owner. See OWNER.
naked ownership. See imperfect ownership under OWN
ERSHIP.
naked possession. See POSSESSION.
naked possibility. See POSSIBILITY.
naked power. See POWER (3).
naked promise. See gratuitous promise under PROMISE.
naked trust. See passive trust under TRUST.
nam (nam), n. [Old English naamJ Hist. Ihe act of dis
training property.
nam (nam or nahm), prep. [Latin) For.
"Nam .... This particle is frequently used as introductory !
to the quotation of a maxim, and sometimes erroneously
treated as a part of the maxim quoted." 2 Alexander M.
Burrill, A Law Dictionary and Glossary 219 (2d ed. 1867).
namare (n<J-mair-ee), vb. [Law Latin] Rist. To distrain
property.
namation (n<J-may-sh;m), n. [fr. Old English naml Hist.
1. The act of distraining property. 2. Scots law. The I
impounding of property. -Also termed namatio. name, n. (bef. 12c) A word or phrase identifying or desig
nating a person or thing and distinguishing that person
or thing from others.
alias. See ALIAS.
assumed name. See ASSUMED NAME.
brand name. See TRADENAME.
Christian name. See personal name.
corporate name. 'Ine registered name under which a
corporation conducts legal affairs such as suing, being
sued, and paying taxes; the name that a corporation
files with a state authority (usu. the secretary ofstate)
as the name under which the corporation will conduct
its affairs . A corporate name usu. includes, and in
many states is required to include, the word "corpo
ration, "incorporated," or "company," or an abbre
viation of one of those words. Cf. ASSUMED NAME.
[Cases: Corporations (;::::>43-50.J
distinctive name. A name, esp. a tradename, that
clearly distinguishes one thing from another. -To
maintain an action for tradename infringement, the
plaintiff must prove, among other things, that it owns
a distinctive name. [Trademarks 1029.J
fictitious name. 1. See ASSUMED NAME. 2


[Trademarks 1029.J
fictitious name. 1. See ASSUMED NAME. 2. See ALIAS.
3. See JOHN DOE.
first name. See personal name.
full name. An individual's personal name, second
or middle names or initials (if any), and surname
arranged in a customary order . In Western cultures,
the traditional order is usu. personal name, middle
names or initials, and surname. In many other
cultures, the order is surname first, followed by one
or more personal names. [Cases: Names (;:;, 1.J
generic name. See GENERIC NAME.
geographic name. A name that deSignates a geographic
location or area. Also termed geographical name.
given name. See PERSONAL NAME.
legal name. A person's full name as recognized in law.
 A legal name is usu. acquired at birth or through
a court order. There are no rules governing a legal
name's length or constitution; it may be a single name
(e.g., Prince) or include words not generally used in
human names (e.g., Moon Unit). [Cases: Names
1.]
maiden 	 name. A woman's childhood surname
(which mayor may not remain her surname tor
life). Normally the term is used only in reference
to a woman who has married and changed her last
name.
nickname. See NICKNAME.

personal name. An individual's name or names given
at birth, as distinguished from a family name. -Also
termed given name; (in the Western tradition) first
name; (in the Christian tradition) Christian name.
Cf. surname. [Cases: Names ~2.]
proprietary name. Trademarks. A nondescriptive name
that may be owned and registered as a trademark.
[Cases: Trademarks ~1040.]
street name. See STREET NAME.
surname. The family name automatically bestowed at
birth, acquired by marriage, or adopted by choice .
Although in many cultures a person's surname is tra
ditionally the father's surname, a person may take the
mother's surname or a combination of the parents'
surnames. [Cases: Names ~2,9.]
tradename. See TRADENAME.
name-and-arms clause. Hist. A clause (usu. in a will or
settlement transferring property) providing that the
property's recipient must assume and continue using
the testator's or settlor's surname and coat-of-arms, or
else the property will pass to another person. [Cases:
Wills ~642.]
named additional insured. See additional insured under
INSURED.
named insured. See INSURED.
named-insured exclusion. See EXCLUSION (3).
named partner. See name partner under PARTNER.
named-perils policy. See multiperil policy under INSUR
ANCE POLICY.
named plaintiff. See class representative under REPRE
SENTATIVE.
namely, adv. By name or particular mention; that is to
say <the plaintiff asserted two claims, namely wrongful
termination and slander> . The term indicates what is
to be included by name. By contrast, including implies
a partial list and indicates that something is not listed.
See INCLUDE.
name partner. See PARTNER.
namium (nay-mee-;lm), n. [Law Latin] Hist. The act of
distraining property.
namium vetitum (nay-mee-;lm vet-;l-t;lm), n. [Law Latin
"taking prohibited"] Hist. A refused or prohibited
taking or redelivery. This term is most often asso
ciated with the circumstance in which a lord's bailiff
distrained animals or goods, and was ordered by the
lord to take them to an unknown place or otherwise
not to redeliver them when the sheriff came to replevy
them. -Also termed vetitum namium.
nanny tax. See TAX.
nantissement (non-tis-mahn), n. [French] French law. A
security or pledge . Ifit involves movable property, it
is called "gage." If it involves immovable property such
as real estate, it is called "antichrese."
NAPABA. abbr. NATIONAL ASIAN PACIFIC AMERICAN
BAR ASSOCIATION. Napoleonic Code. 1. (usu. pi.) The codification of French
law commissioned by Napoleon in the 19th century,
including the Code civil (1804), the Code de procedure
civil (1806), the Code de commerce (1807), the Code
penal (1810), and the Code d'instruction crimenelle
(1811). -Sometimes shortened to Napoleon. -Also
termed Code Napoleon (abbr. CN). 2. Loosely, CIVIL
CODE (2).
NAR. abbr. NATIONAL ASSOCIATION OF REALTORS.
NARA. abbr. NATIONAL ARCHIVES AND RECORDS ADMI
NISTRATION.
narcoanalysis (nahr-koh-;l-nal-;l-sis). (1936) The process
of injecting a "truth-serum" drug into a patient to
induce semiconsciousness, and then interrogating the
patient. This process has been utilized to enhance the
memory ofa witness. [Cases: Witnesses ~257.1O.]
narcotic, n. (14c) 1. An addictive drug, esp. an opiate,
that dulls the senses and induces sleep. 2. (usu. pi.) A
drug that is controlled or prohibited by law.[Cases:
Controlled Substances ~9.] -narcotic, adj.
narr. abbr. NARRATIO.
narr-and-cognovit law (nahr-and-kahg-noh-vit). [Latin
narratio "declaration" and cognovit "the person has
conceded"] Hist. A law providing that a plaintiff will
be granted judgment on a note through an attorney's
confession that the amount shown on the note, together
with interest and costs, constitutes a legal and just
claim. Cf. cognovit judgment under JUDGMENT; CON
FESSION OF JUDGMENT. [Cases: Judgment ~29,54.]
narratio (n;l-ray-shee-oh), n. [Latin "narrative"] Hist. A
declaration, complaint, or petition in which the plain
tiff sets out the facts of a case; an oral narrative by the
plaintiffof the facts and legal arguments on which the
claim is based. The term has also been called the
"conte" or "tale." -Abbr. narr.
"[Tlhe making of the count, in Latin the narratio, was the
very centre of the legal process. We do not know how it
came about that the litigant was allowed to speak through
the mouth of another, though it has been suggested that
it was not to prevent mistakes being made but to prevent
them being fatal. Certainly the litigant could disavow what
was said on his behalf; and perhaps it was only 'said' by
him when he formally adopted it. If this is right, our modern
barrister began as one who could harmlessly blunder."
S.F.C. Milsom, Historical Foundations of the Common Law
28 (1969).
narrative recital. See RECITAL.
narrator (na-ray-tor or na-ray-t;lr), n. [Law Latin] Hist.
A pleader or counter; a person who prepares pleadings
(i.e., narrs) .  For example, a serjeant-at-law was also
known as serviens narrator. PI. narratores (na-r;l-tor
eez).
"The Latin narrator and its French equivalent contour
became technical terms. If an English term was in use, it
was perhaps forspeaker." 1 Frederick Pollock & Frederic
W. Maitland, The History ofEnglish Law Before the Time of
Edward I 215 n.l (2d ed. 1898).
narrow certiorari. See CERTIORARI.
narrow-channel rule. The navigational requirement that
a vessel traveling down a slim fairway must keep as

1121
near to the fairway wall on the vessel's starboard side
as is safe and pract'icable. 33 USCA  2009(a)(i). [Cases:
Collision C='90.]
narrowly tailored, adj. (1972) (Of a content-neutral
restriction on the time, place, or manner ofspeech in
a deSignated public forum) being only as broad as is
reasonably necessary to promote a substantial govern
mental interest that would be achieved less effectively
without the restriction; no broader than absolutely
necessary. See deSignated public forum under PUBLIC
FORUM. [Cases: Constitutional Law 1505, 1747.)
narrow sea. (often pi,) A sea running between two coasts
that are close to each another . The English Channel,
for example, is a narrow sea.
NASA. abbr. NATIONAL AERONAUTICS AND SPACE ADMI
NISTRATION.
nasciturus (nas-a-t[y)oor-as or -t[y]ar-as), n. [fr. Latin
nascar "to be born"] Roman law. An unborn child.
NASD. abbr. NATIONAL ASSOCIATION OF SECURITIES
DEALERS.
NASDAQ (naz-dak). abbr. NATIONAL ASSOCIATION OF
SECURITIES DEALERS AUTOMATED QUOTATIONS.
NASS. abbr. NATIONAL AGRICULTURAL STATISTICS
SERVICE.
natale (n;Hay-lee), n. [Latin "of or belonging to birth"]
Rist. The status a person acquires by birth. For
example, if one or both parents of a child were serfs,
the child was generally regarded as a serf, and a child
born free rarely became a serf. See NATIVUS.
nati et nascituri (nay-u et nas-a-t[yJoor-I or t[y]ar-I), n.
pl. [Latin "born and to be born"] Hist. A person's heirs,
near and remote.
natio (nay-shee-oh), n. [Latin] Hist. 1. A nation, 2. A
group ofstudents. 3. A native place.
nation, n, (14c) 1. A large group of people haVing a
common origin, language, and tradition and usu.
constituting a political entity. When a nation is
coincident with a state, the term nation-state is often
used. Also termed nationality.
'The nearest we can get to a definition is to say that a
nation is a group of people bound together by common
history, common sentiment and traditions, and, usually
(though not always. as, for example, Belgium or Switzer
land) by common heritage. A state, on the other hand, is a
society of men united under one government. These two
forms of society are not necessarily coincident. A single
nation may be divided into several states, and conversely
a single state may comprise several nations or parts of
nations." John Salmond, Jurisprudence 136 (Glanville L
Williams ed., 10th ed. 1947).
2. A community of people inhabiting a defined terri
tory and organized under an independent government;
a sovereign political state. Cf. STATE.
national, adj. (l6c) 1. Ofor relating to a nation <national
anthem>. 2. Nationwide in scope <national emer
gency>. National Association of Securities Dealers
national, n. 1. A member ofa nation. 2. A person owing
permanent allegiance to and under the protection ofa
state, 8 l;SCA  llOl(a)(21).
national ofthe United States. A citizen of the United
States or a noncitizen who owes permanent allegiance
to the United States. 8 USC A  1l01(a)(22). Also
termed u.s. national; U.S. citizen, [Cases: Aliens,
Immigration, and Citizenship C=654.]
National Aeronautics and Space Act. A 1958 federal
statute that created the National Aeronautics and Space
Administration (NASA). 42 USCA  2451-2484.
National Aeronautics and Space Administration. The
independent federal agency that conducts research into
space flight and that builds and flies space vehicles .
NASA was created by the National Aeronautics and
Space Act of 1958,42 USCA  2451-2484. -Abbr.
NASA,
National Agricultural Statistics Service. An agency
in the U.S. Department of Agriculture responsible
for compiling statistical information and estimating
agricultural production, supply, price, chemical use,
and other related statistics. _ Most of the data come
from farmers, ranchers, and agribusinesses. -Abbr.
NASS.
national airspace. See AIRSPACE.
! National Archives and Records Administration. An
independent federal agency that sets procedures for
preserving governmental records that are important
! for legal and historical reasons; helps federal agencies
manage their records; provides record-storage access;
and manages the Presidential Libraries system,  1he
. agency, run by the Archivist of the United States, retains
! only a small percentage ofthe federal records produced
each year. It publishes the United States Statutes at
Large, the Federal Register, the Code ofFederal Regu
lations, the weekly Compilation ofPresidential Docu
ments, the annual Public Papers ofthe President, and the
United States Government Manual. It is a successor to
the National Archives Establishment, created in 1934,
that was made a unit of the General Services Admin
istration in 1949. It became an independent agency in
1984. -Abbr. NARA. See FEDERAL REGISTER. [Cases:
Records C=i 13.]
National Asian Pacific American Bar Association. A
professional association of Asian Pacific American
attorneys, judges, law professors, and law students,
. emphasizing civil rights and immigration issues.
! Abbr. NAPABA.
national association. See national bank under BANK.
National Association of Realtors. An association of
real-estate brokers and agents promoting education,
I professional standards, and modernization in areas of
i real estate such as brokerage, appraisal, and property
management. -Abbr. NAR. [Cases: Brokers C='3.]
National Association ofSecurities Dealers. A group of
bro