To make sport on deathbed. A person was
presumed never to trifle at the point ofdeath.
lukewarm bench. See BENCH.
luminar (loo-m;:J-nair-ee), n. [Latin "lamp"] Hist. A
small lamp or candle set burning on a church altar,
the maintenance of which was provided by lands and
rents. PI. luminaria.
lumping. Criminal procedure. lhe imposition ofa general
sentence on a criminal defendant. See general sentence
under SENTENCE.
lumping sale. See SALE.
lump-sum agreement. Int'llaw. An agreement for one
nation that caused inj uries to another nation's citizens
to make a Single payment to the other nation to settle
outstanding claims for those injuries. The recipi
ent nation has the power to decide how the settlement

1034 lump-sum alimony
funds should be distributed. This method of settling
claims has become increasingly common since the
mid-20th century as an alternative to submitting the
claims to an international tribunal.
lump-sum alimony. See alimony in gross under
ALIMONY.
lump-sum payment. See PAYMENT.
lunacy. See INSANITY.
lunar month. See MONTH (3).
lunatic, n. Archaic. An insane person. See INSANE.
dangerous lunatic. A mentally incompetent person
who seems reasonably likely to harm himself or
herself, another person, or property.
lunch-hour rule. The doctrine that an employer is
not responsible for injuries suffered or caused by an
employee who takes a lunch break off work premises
and, during the break, is not performing tasks in the
course of the employment. [Cases: Workers' Compen
sation ~758, 768.]
luxury tax. See TAX.
LWI. abbr. LEGAL WRITING INSTITUTE.
lying by. The act or fact ofbeing present at a transaction
affecting one's interests but remaining silent.  Courts often treat a person who was "lying by" at a transac
tion as having agreed to it and as being prevented from
objecting to it.
lying in wait. Criminal law. The series ofacts involved in
watching, waiting for, and hiding from someone, with
the intent of killing or inflicting serious bodily injury
on that person . Because lying in wait shows premedi
tation and deliberation, it can result in an increased
sentence.
lynch, vb. (1836) (Of a mob) to kill (somebody) without
legal authority, usu. by hanging. [Cases: Rescue ~1;
Riot~L]
lynch law. (1811) The administration of summary pun
ishment, esp. death, for an alleged crime, without legal
authority. -Also termed (through personification)
Judge Lynch.
lynching law. See ANTILYNCHING LAW.
Lyndhurst's Act. Hist. An English statute that rendered
marriages within certain degrees of kinship null and
void. Marriage Act of 1835, 5 & 6 Will. 4, ch. 54. -Also
termed Lord Lyndhurst's Act.
lytae (h-tee), n. [Latin, fr. Greek] Roman law. Civil-law
students in their fourth year of study.

M
M. 1. abbr. MORTGAGE. 2. Hist. A letter engraved on a
treasury note to show that the note bears interest at the
rate ofone mill per centum. 3. Hist. A brand placed on
the left thumb of a person convicted of manslaughter
who claimed the benefit ofclergy.
M1. A measure of the money supply including cash,
checking accounts, and travelers' checks.
M2. A measure of the money supply including Ml
items, plus savings and time deposits, money-market
accounts, and overnight-repurchase agreements.
M3. A measure ofthe money supply including M2 items,
plus large time deposits and money-market funds held
by institutions.
mace. (14c) 1. Hist. A weapon used in warfare, consist
ing of a staff topped by a heavy head, usu. of metal. 2.
A scepter; an ornamental form of weapon used as an
emblem ofthe dignity ofan office, as in Parliament and
the U.S. House of Representatives. -In the House of
Commons, it is laid on the table when the Speaker is in
the chair. In the U.S. House ofRepresentatives, it is usu.
placed to the right ofthe Speaker and is borne upright
by the sergeant-at -arms on extraordinary occasions, as
when necessary to quell a disturbance or bring refrac
tory members to order. 3. (cap.) The trademarked name
of a chemical liquid that can be sprayed in a person's
face to cause dizziness and temporary immobiliza
tion.
mace-bearer. A person who carries a mace betore an
official, usu. one of high rank. See MACE (2).
Macedonian Decree. See SENATUS CONSULTUM MACE
DONIAUM.
mace-greff (mays-gref). Hist. A purchaser of stolen
goods; esp. a person who knOWingly buys stolen
food. Also spelled mace-griefe.
mace-proof, vb. To exempt from an arrest; to secure
against an arrest.
macer. Scots law. See BAILIFF (1).
machination (mak-~-nay-sh;)ll). (lSc) 1. An act of
planning a scheme, esp. for an evil purpose. 2. The
scheme so planned.
machine. (16c) Patents. A device or apparatus consist- '
ing of fixed and moving parts that work together to
perform some function. -Machines are one ofthe stat
utory categories ofinventions that can be patented.
Also termed apparatus; device. Cf. MANUFACTURE;
PROCESS (3). [Cases: Patents 10.]
Machinists preemption. See PREEMPTION.
MACRS. abbr. Modified Accelerated Cost Recovery
System. See ACCELERATED COST RECOVERY SYSTEM. mactator (mak-tay-t;:,r), n. [Law Latin "slaughterer"]
Hist. A murderer.
maculare (mak-y;:,-lair-ee), vb. [Law Latin] Hist. To
wound (a person).
made land. See LAND.
made law. See POSITIVE LAW.
Madison Amendment. See TWENTY-SEVENTH AMEND
MENT.
Mad Parliament. In 1258, a commission of24 barons
summoned to Oxford by Henry III to carry out certain
reforms and settle differences between the king and
the barons. -The assembly was called the Mad Parlia
ment because it ultimately abridged the king's power
and gave unprecedented powers to the barons. The
commission produced the Provisions of Oxford.
Also termed parliamentum insanum. See PROVISIONS
OF OXFORD.
Madrid Agreement. Trademarks. 1. An 1890 treaty
establishing a system for the international registra
tion of trademarks. -The agreement's official name
is the Madrid Arrangement Concerning the Interna
tional Registration of Marks. A product ofthe Madrid
Revision Conference ofthe Paris Convention in 1890, it
was last revised in 1967. Under this treaty's registration
system, called the Madrid Union, a mark registered in a
treaty nation that is also registered (in French) with the
World Intellectual Property Organization receives equal
protection in all signatory nations. 'The United States
ratified the treaty in 2002. 2. An 1890 treaty designed
to discourage false indications of geographic source
by permitting member nations to seize falsely marked
imported goods. Also termed Madrid Arrangement;
Madrid Registration ofMarks Treaty; Madrid Union.
Also a product of the Madrid Revision Conference of
the Paris Convention in 1890, the treaty's official name
is the Madrid Arrangement Concerning the Prevention
ofFalse or Deceptive Indications ofSource. It applies to
manufactured and handmade goods, and agricultural
products. Also termed (in sense 2) Madrid Agree
ment for the Repression ofFalse or Deceptive Indications
ofSource ofGoods.
Madrid Protocol. Trademarks. 1. A 1996 international
agreement that allows citizens ofa Madrid Agreement
signatory nation to apply for a single international
trademark through the World Intellectual Property
Organization instead of registering the trademark in
each individual nation. _ An applicant must apply for
the trademark's registration in a treaty-member nation
before applying for international trademark protec
tion. 2. A 1989 international trademark-registration
agreement that supplements the Madrid Agreement on
trademark registration, harmonizes the Agreement's

1036 Madrid Registration of Marks Treaty
registration system with that of the European Union,
and allows citizens ofnonmember nations to apply for
international trademark registration without first reg
istering the trademark in a member nation . 'When
referred to along with the Madrid Registration of
Marks Treaty, it is sometimes also termed the Madrid
System. See MADRID AGREEMENT (1).
Madrid Registration of Marks Treaty. See MADRID
AGREEMENT (1).
Madrid System. See MADRID PROTOCOL (2).
Madrid Union. See MADRID AGREEMENT (1).
maegbote. See BOTE (2).
magister (m<l-jis-t<lr), n. [fro Latin magis "more"] Roman
law. 1. A master; a superior, esp. by office or position.
2. A teacher; esp., one who has obtained eminence in a
particular field oflearning.
magister adfacultates (m<l-jis-t<lr ad fak-<ll-tay-teez),
n. [Latin "master for permissions"] Eccles. law. 1. An
officer who grants dispensations, as to marry or to
eat meat on prohibited days. 2. MASTER OF THE FAC
ULTIES.
magister bonorum vendendorum (md-jis-t<lr
ba-nor-<lm ven-den-dor-<lm). [Law Latin "master for
sale of goods"] Roman law. A master appointed by
the creditors ofan insolvent debtor to direct the sale
of the debtor's entire estate at auction.
magister cancellariae (m<l-jis-t<lr kan-s<l-lair-ee-ee),
n. [Law Latin "master in chancery"] Hist. A master
in chancery so called because the officer was a
priest.
magister libellorum (m<l-jis-tdr lI-bd-lor-dm). [Latin
"master of written petitions"] Roman law. The chief
of the imperial chancery bureau that handled peti
tions to the emperor.
magister litis (ma-jis-tar II-tis), n. [Latin "master
of a lawsuit"] Roman law. A person who directs or
controls a lawsuit.
magister navis (m<l-jis-t<lf nay-vis). [Latin "master of
a ship"] Roman law. The master ofa trading vessel.
The master's trading debts, including the ship's main
tenance expenses, gave rise to an actio exercitoria. See
actio exercitoria under ACTIO.
magister palatii (ma-jis-t<lr pa-Iay-shee-I), n. [Latin
"master of the palace"] Civil law. A master of the
palace, similar to the English Lord Chamberlain.
magister societatis (ma-jis-tar sa-sJ-<l-tay-tis). [Latin
"master of partnership"] Roman law. A person
appointed to administer a partnership's business; a
managing partner or an employee.
magisterial (maj-i}-steer-ee-a!), adj. (17c) Ofor relating
to the character, office, powers, or duties of a magis
trate. -Also termed magistral; magistratic. [Cases:
Justices ofthe Peace (;':=> 1.]
magisterial district. See magisterial precinct under
PRECINCT.
magisterial precinct. See PRECINCT. magistracy (maj-a-stra-see). (16c) 1. The office, district,
or power of a magistrate. 2. A body of magistrates.
[Cases: Justices of the Peace
magistral, adj. (16c) 1. Of or relating to a master or
masters <an absolutely magistral work>. 2. Formu
lated by a physician <a magistral ointment>. 3. MAG
ISTERIAL.
magistralia brevia (maj-d-stray-lee-<l bree-vee-<l), n.
[Law Latin "magisterial writs"] Hist. Magisterial writs,
which were drafted by clerks ofthe chancery for use in
special matters.
magistrate (maj-a-strayt), n. (14c) 1. The highest-rank
ing official in a government, such as the king in a
monarchy, the president in a republic, or the governor
in a state. -Also termed chief magistrate;first magis
trate. [Cases: States 2. A local official who pos
sesses whatever power is specified in the appointment
or statutory grant ofauthority. 3. A judicial officer with
strictly limited jurisdiction and authority, often on the
local level and often restricted to criminal cases. Cf.
JUSTICE OF THE PEACE. [Cases: Justices ofthe Peace (;':=>
31.J 4. See judicial officer (3) under OFFICER. -magis
terial (maj-d-stir-ee-al), adj.
committing magistrate. (18c) A judicial officer who
conducts preliminary criminal hearings and may
order that a defendant be released for lack of evidence,
sent to jail to await trial, or released on bail. See exam
ining court under COURT.
district-court magistrate. (1932) In some states, a
quasi-judicial officer given the power to set bail,
accept bond, accept guilty pleas, impose sentences
for traffic violations and similar offenses, and conduct
informal hearings on civil infractions. [Cases: Justices
of the Peace (;':=>31.]


conduct
informal hearings on civil infractions. [Cases: Justices
of the Peace (;':=>31.]
federal magistrate. See UNITED STATES MAGISTRATE
JUDGE.
investigating magistrate. (1908) A quasi-judicial officer
responsible for examining and sometimes ruling on
certain aspects of a criminal proceeding before it
comes before a judge.
"The institution of the investigating magistrate is another
measure for preserving the integrity of the law at the level
of enforcement. In this case the measure is directed not
toward curing the evils of a lax or sporadic enforcement,
but toward the eVils of an opposite nature, those resulting
from an excess of zeal on the part of the prosecutor. Under
the system in question, before a criminal charge may be
brought before the regular courts it must be investigated
by a special offiCial and, in effect, certified as deserving
trial in court. The investigating magistrate is thus a kind
of quasi-judge standing halfway between the prosecutor
and the regular court. The danger of the institution lies pre
cisely in this twilight zone of function which it occupies, The
certification of a case for trial inevitably tends to confirm
the criminal charge against the suspect, thus creating what
may amount in practice to a strong presumption of gUilt.
The element of prejudgment involved constitutes a threat
to the integrity of the trial in open court; the accused has,
in effect, had a kind of half-trial in advance of the real trial,
and this halftrial is conducted, not before but bya kind of
half-judge who acts essentially as an inquisitorial court.
in those countries where it is a part of the legal system,
the role of the investigating magistrate continues to be

1037
a subject of some debate, and even where it is generally
accepted, there is always some lingering concern lest it
become the subject of inconspicuous abuse." Lon L Fuller,
Anatomy of the Law 38~39 (1968).
metropolitan stipendiary magistrate (stI-pen-dee-er
ee). English law. A stipendiary magistrate with juris
diction in inner London areas. _ Under the Access to
Justice Act 1999, these magistrates have been renamed
district judges (magistrates' courts). See stipendiary
magistrate.
police magistrate. (I8c) A judicial officer who has juris
diction to try minor criminal offenses, breaches of
police regulations, and similar violations. -Also
termed police justice.
stipendiary magistrate (stI -pen-dee-er-ee). English
law. A salaried magistrate that performs either in
the place of or along with Justices of the Peace, and
is appointed from barristers and solicitors ofseven
years standing.
U.S. Magistrate. 	 See UNITED STATES MAGISTRATE
rUDGE.
Magistrate Judge, U.S. See UNITED STATES MAGISTRATE
rUDGE.
magistrate's court. See COURT.
magistratic, adj. See MAGISTERIAL
magistratus (maj-a-stray-i<'1s), n. [fro Latin magister "a
master"] Roman law. 1. A magistrate. 2. A magistrate's
office.
"Magistratus. Denotes both the public office and the
official himself. Magistracy was a Republican institution;
under the Principate some magistratus continued to exist
but with gradually diminishing importance; in the post
Diocletian Empire some former magistracies still exist
but reduced nearly completely to an honorific title ...
The most characteristic features of the Republican magis
tracy were the limited duration (one year) and colleague
ship since each magistracy was covered by at least two
persons ... with equal power .... Magistrates were elected
by the people.. . During his year of service a magistratus
could not be removed. Misdemeanor in office could be
prosecuted only after the term, hence the tenure of an
office for two consecutive years was prohibited. .. The
tenure of a public office was considered an honor; for that
reason the magistrates did not receive any compensation.
Their political influence was, however, of greatest impor
tance ...." Adolf Berger, Encyclopedic Dictionary ofRoman
Law 571-72 (1953).
magistratus majores (maj-<l-stray-tds m<l-jor-eez). [Latin
"superior magistrates"] Roman law. Magistrates with
superior powers, including the power to review their
own judgments. Cf. MAGISTRATUS MINORES.
magistratus minores (maj-d-stray-t<ls mi-nor-eez).
[Latin "lesser magistrates"] Roman law. Magistrates
with limited powers. Cf. MAGISTRATUS MATORES.
"The mag/stratus minares were officials of minor impor'
tance, they had no Imperium and were vested with a
restricted jurisdiction and some functions in specific
fields .... The tenure of a minor magistracy opened the
way for the quaestorship, the first step in the career of
magistratus maiares." Adolf Berger, Encyclopedic Diction
ary ofRoman Law 572 (1953). magnus rotulus statutorum
magna assisa (mag-na a-SI-zd), n. [Law Latin] Rist. The
grand assize. See grand assize under ASSIZE (5).
magna assisa eligenda (mag-n<l <l-SI-Za el-a-jen-d<l). See
DE MAGNA ASSISA ELIGENDA.
Magna Carta (mag-n<l kahr-ta). [Latin "great charter"]
The English charter that King John granted to the
barons in 1215 and that Henry III and Edward I later
confirmed. -It is generally regarded as one ofthe great
common-law documents and as the foundation ofcon
stitutionalliberties. The other three great charters of
English liberty are the Petition ofRight (3 Car. (1628),
the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill
of Rights (1 Will. & M. (1689)). Also spelled Magna
Charta.
"The history of Magna Carta is the history not only of a
document but also of an argument. The history of the
document is a history of repeated reinterpretation. But the
history of the argument is a history of a continuous element
of political thinking. In this light there is no inherent reason
why an assertion of law originally conceived in aristocratic
interests should not be applied on a wider scale." J.e. Holt,
Magna Carta 16 (1965).
"Magna Carta came to be reckoned as the beginning
of English statute law; it was printed as the first of the
statutes of the realm. But to explain this we have first to
remark that of Magna Carta there are several editions.
We have four versions of the charter, that of 1215, that
of 1216, that of 1217 and that of 1225, and between them
there are important differences. Several clauses which
were contained in the charter of 1215 were omitted in that
of 1216 and were never again inserted. It seems to have
been thought unadvisable to bind the young king to some
of the more stringent conditions to which John had been
subjected. The charter of 1217 again differs from that of
1216. Substantially it is in 1217 that the charter takes its
final form; still it is the charter of 1225 which is the Magna
Carta of all future times. That there were four versions
is a fact to be carefully remembered; it is never enough
to refer to Magna Carta without saying which edition you
mean." FW. Maitland, The Constitutional History ofEngland
15 (1908; repro 1955).
magna centum (mag-na sen-t<lm), n. [Law Latin "great
hundred"] Six score, or 120.
magna culpa (mag-na k<li-p<l). [Latin "great fault"]
Roman law. Gross fault. -This is sometimes equiva
lent to dolus. See DOLUS.
magna neglegentia. See gross negligence under NEGLI
GENCE.
magnum cape. See cape magnum under CAPE.
Magnuson-Moss Warranty Act (mag-na-s<ln-maws
or -mos). A federal statute requiring that a written
warranty of a consumer product fully and conspicu
ously disclose, in plain language, the terms and condi
tions ofthe warranty, including whether the warranty
is full or limited, according to standards given in the
statute. 15 USCA  2301-2312. [Cases: Antitrust and
Trade Regulation (=>204.J
magnus rotulus statutorum (mag-nas roch-d-l<ls stach
;:I-tor-<lm). [Law Latin "the great statute roll"J The first
of the English statute rolls, beginning with Magna
Carta and ending with Edward III.

mahr 1038
mahr, n. Islamic law. A gift of money or property that
must be made by a man to the woman he marries . The
parties agree to the mahr's amount and time ofpayment
before marrying. Ifthe time of payment is indefinite or
ifthe mahr's outstanding balance is not paid sooner, the
agreed amount or outstanding balance becomes due on
divorce or the husband's death. Despite the religious
basis for a mahr, secular courts may uphold the agree
ment ifits secular terms are enforceable as a prenuptial
contract. Also termed sadaq. Cf. NIKAH.
maiden. (bef. 12c) 1. A young unmarried woman. 2.
Scots law. An instrument used to behead criminals .
The Earl of Morton, who had introduced the instru
ment to Scotland, was the first to be executed by it, in
1581. It was the prototype of the guillotine. Hence, "to
kiss the maiden was to be put to death." H. Percy Smith,
Glossary ofTerms and Phrases 307 (1883).
maiden assize. See ASSIZE (1).
maiden name. See NAME.
maiden rent. See MARCHET.
maiestas (m<:l-yes-tas). See MAJESTAS.
maihem. See MAIM.
maihematus (may-h<:l-may-t"s), p.pl. [Law Latin]
Maimed; wounded.
maihemium. See MAIM.
mail, n. (l3c) 1. One or more items that have been
properly addressed, stamped with postage, and depos
ited for delivery in the postal system. [Cases: Postal
Service 2. An official system for delivering such
items; the postal system. [Cases: Postal Service ():::J3.]
3. One or more written or oral messages sent electroni
cally (e.g., through e-mail or voicemail). [Cases: Tele
communications ~1343.]
certified mail. Mail for which the sender requests
proof of delivery in the form of a receipt signed by
the addressee . The receipt (a green card, which is
usu. referred to as such) must be signed before the
mail will be delivered. Also termed certified mail,
return receipt requested. [Cases: Postal Service V
19,22,23.]
registered mail. Mail that the U.S. Postal Service
records at the time of mailing and at each point on
its route so as to guarantee safe delivery. [Cases: Postal
Service 22,23.J
mail, vb. (1827) 1. To deposit (a letter, package, etc.) with
the U.S. Postal Service; to ensure that a letter, package,
etc. is properly addressed, stamped, and placed into a
receptacle for mail pickup. [Cases: Postal Service C:::>
19.] 2. To deliver (a letter, package, etc.) to a private
courier service that undertakes delivery to a third
person, often within a specified time.
mailable, adj. (Of a letter or package) lawful to send
through a postal service. [Cases: Postal Service ~
13.]
mailbox rule. (1975) 1. Contracts. The principle that
an acceptance becomes effective -and binds the offeror once it has been properly mailed. The
mailbox rule does not apply, however, ifthe offer spec
ifies that an acceptance is not effective until received.
[Cases: Contracts ():::J22(l).] 2. The principle that when
a pleading or other document is filed or served by mail,
filing or service is deemed to have occurred on the date
ofmailing. The mailbox rule varies from jurisdiction
to jurisdiction. It may apply only to certain types of
filings, or it may apply to the use ofan overnight courier
instead of the U.S. maiL Also termed dispatch rule.
[Cases: Habeas Corpus ~603; Pleading ():::J40, 333;
Process Time (;:)3.5.]
mail cover. (1959) A process by which the U.S. Postal
Service prOVides a government agency with informa
tion on the face of an envelope or package (such as a
postmark) for the agency's use in locating a fugitive,
identifying a coconspirator, or obtaining other evidence
necessary to solve a crime. [Cases: Postal Service C-~
47.J
mail fraud. See FRAUD.
mail-order divorce. See DIVORCE.
maim, n. (14c) Archaic. The type of strength-diminish
ing injury required to support a charge of mayhem;
esp., serious injury to a body part that is necessary for
fighting. Also termed maihem; maihemium. See
MAYHEM. [Cases: Mayhem -maim, vb.
"Maihem or maim is where by the wrongful act of another
any member is hurt or taken away, whereby the party is
made unperfect to fight: as if a bone be taken out of the
hand .... But the cutting of an ear or nose, or breaking of
the hinder teeth, or such like, is no maihem, because it is
rather a deformity of body than diminishing of strength;
and that is commonly tried by the justices beholding the
party. And if the justices stand in doubt whether the hurt
be a maihem or not, they use and will of their own discre
tion take the help and opinion of some skilful chirurgeon,
to conSider thereof,


will of their own discre
tion take the help and opinion of some skilful chirurgeon,
to conSider thereof, before they determine upon the cause."
Termes de la Ley 283-84 (1 st Am. ed. 1812).
"'Maim' is the modern equivalent of the old word 'mayhem:
and some have long been inclined to abandon the earlier
word entirely. There is a tendency, on the other hand, to
retain 'mayhem' for the offense and to use 'maim' for the
type of injury originally required for such a crime. This
usage has a distinct advantage because statutory enlarge
ments have included another type of injury within the
scope of this offense, and today mayhem (the offense)
may involve something other than maim (the injury)." Rollin
M. Perkins &. Ronald N. Boyce, Criminal Law 239 (3d ed.
1982).
mainad (may-n<:ld). [fro Saxon manath "a deceitful oath"]
Hist. Perjury.
main-a-main (may-nah-mayn), adv. [Law French] Hist.
Immediately.
main channel. See CHANNEL.
main demand. See DEMAND (1).
maine-port. Hist. A small tribute (such as loaves of
bread) that parishioners pay to the rector in lieu of
tithes.
main motion. See MOTION (2).
main opinion. See majority opinion under OPINION (1).

1039 maintenance and cure
mainour (may-nar), n. [fro Law French manier "to
handle"] Hist. A stolen article found in the hands of a
thief. -At common law, the thief could be arraigned and
tried without an indictment. -Also spelled manour;
meinour. Also termed mannopus; manuopus.
mainovre (m~-noo-v<'lr), n. [fr. Law French main "hand"
+ oeuvre "work"] Hist. 1. A trespass committed by
hand. 2. Manual labor. Also spelled mainoeuvre.
mainpernable (mayn-par-n~-bal), adj. Capable ofbeing
bailed (mainprised); bailable. See MAINPRISE (2).
mainpernor (mayn-par-n~r), n. [Law French, fro Old
French main "hand" +pernor "taker"] Hist. 1. A surety
for a prisoner's appearance; one who gives mainprise
for another. Also termed mainpriser.
"Mainpernors differ from bail, in that a man's bail may
imprison or surrender him up before the stipulated day of
appearance; mainpernors can do neither, but are barely
sureties for his appearance at the day: bail are only sureties,
that the party be answerable for the special matter for
which they stipulate; mainpernors are bound to produce
him to answer all charges whatsoever." 3 William Black
stone, Commentaries on the Laws of England 128 (1768).
2. A form of bail taken under a writ of mainprise.
Also termed manucaptor (man-yoo-kap-tar). See
MAINPRISE.
main pot. 'Tax. A step in evaluating tax liability in which
qualified transactions are compared to determine
whether a net gain or loss has occurred. IRC (26 USCA)
 1231. -Also termed big pot; hotchpot; hodgepodge.
Cf. CASUALTY POT.
mainprise (mayn-pnz), n. [Law French, fr. Old French
main "hand" + prise "taking") Hist. 1. Delivery of a
prisoner to the mainpernor. 2. A suretyship undertak
ing that makes the surety responsible for a prisoner's
appearance in court on a specified date and time. 3. A
writ ordering the sheriff to take the security ofa main
pernor for the prisoner's appearance and release the
prisoner. -Also spelled mainprize. -Also termed
writ ofmainprise; manucaption (man-yoo-kap-shan).
See DE HOMINE REPLEGIANDO.
mainprise, vb. Hist. To release (a prisoner) on the surety
ofa mainpernor.
main-purpose rule. Contracts. The doctrine that if a
promise to guarantee another's debt is made primar
ily for the promisor's own benefit, then the statute of
frauds does not apply and the promise need not be in
writing to be enforceable. Also termed main-purpose
doctrine; leading-object rule. [Cases: Frauds, Statute
ofG'::J23.]
main-relief rule. A doctrine by which venue for a lawsuit
may be founded on the primary relief sought by the
plaintiff, even if other claims, which alone would not
support venue, are included in the suit. [Cases: Venue
~2.1
main-rent. See VASSALAGE (2).
main sea. See SEA.
mainstreaming. (1973) The practice of educating a disabled, in a regular-education setting, as opposed
to a special-education class. Cf. LEAST-RESTRICTIVE
ENVIRONMENT. [Cases: Schools ~154(2).]
mainsworn (mayn-sworn), p.pl. Hist. Forsworn, by
making a false oath with a hand on a book. -This was
used primarily in north England.
maintain, vb. (14c) 1. To continue (something). 2. To
continue in possession of (property, etc.). 3. To assert (a
position or opinion); to uphold (a position or opinion)
in argument. 4. To care for (property) for purposes of
operational productivity or appearance; to engage in
general repair and upkeep. 5. To support (someone)
financially; esp. to pay alimony to. [Cases: Divorce ~
231-247; Husband and Wife ~282-301.16. (Of a third
party to a lawsuit) to assist a litigant in prosecuting or
defending a lawsuit; to meddle in someone else's litiga
tion. [Cases: Champerty and Maintenance
maintainor. (I5c) Criminal law. A person who meddles
in someone else's litigation by providing money or other
assistance; a person who is guilty of maintenance.
Also spelled maintainer. See MAINTENANCE (6). [Cases:
Champerty and Maintenance
maintenance, n. (14c) 1. The continuation ofsomething,
such as a lawsuit. 2. The continuing possession ofsome
thing, such as property. 3. The assertion ofa position or
opinion; the act ofupholding a position in argument. 4.
The care and work put into property to keep it operating
and productive; general repair and upkeep. 5. Financial
support given by one person to another, uSU. paid as a
result ofa legal separation or divorce; esp. ALIMONY.
Maintenance may end after a specified time or upon
the death, cohabitation, or remarriage of the receiv
ing party. [Cases: Divorce ~208, 230; Husband and
Wife~282.]
maintenance in gross. (I914) A fixed amount ofmoney
to be paid upon divorce by one former spouse to the
other, in a lump sum or in installments. -Typically,
the total amount is unmodifiable regardless of any
change in either person's circumstances. [Cases:
Divorce
separate maintenance. (I7c) Money paid by one
married person to another for support if they are no
longer living together as husband and wife. -This
type of maintenance is often mandated by a court
order. An action for separate maintenance is not
maintainable after the marriage has been dissolved.
Also termed separate support. [Cases: Husband and
Wife~282.]
6. Improper assistance in prosecuting or defending
a lawsuit given to a litigant by someone who has no
bona fide interest in the case; meddling in someone
else's litigation. Cf. CHAMPERTY. [Cases: Champerty
and Maintenance ~1,4.]
maintenance and cure. iWaritime law. Compensation
prOVided to a sailor who becomes sick or injured while
a member ofa vessel'8 crew. _ The obligation is broader
than what would be covered under workers' compen
disabled student in classes with students who are not i sation, as it applies to illness or injury whether or not

1040 maintenance assessment
arising out of shipboard duties. See CURE (2). [Cases:
Seamen (;:=:;> 11.]
maintenance assessment. See ASSESSMENT.
maintenance bond. See BOND (2).
maintenance call. See margin call under CALL (2).
maintenance fee. 1. A periodic payment required to
maintain a privilege, such as a license. 2. A charge
for keeping an improvement in working condition or
a residential property in habitable condition. Also
termed maintenance assessment. 3. A fee charged for
reinvesting earnings and dividends in mutual funds.
4. Patents. The periodic charge a patentee must pay the
U.S. Patent and Trademark Office in order to keep the
patent in force. U.S. maintenance fees are due 31;2, 7,
and 111;2 years from the date the patent is issued. [Cases:
Patents (;:=:;> 103.]
maintenance in gross. See MAINTENANCE.
maintenance margin requirement. See MARGIN
REQUIREMENT.
maior (maY-<lr). See MAJOR.
maister (maY-5t<lr). Archaic. A master.
maitre (may-trd or mayt-dr), n. [French] French law. A
master, esp. of a vessel.
maius Latium. See LATIUM MAIUS.
majestas (md-jes-tas), n. [Latin "supreme power"] Roman
law. 1. The majesty, sovereign authority, or supreme
prerogative ofthe state or sovereign; the supreme power
ofthe people, esp. as represented by their highest repre
sentatives, the consuls, or the emperor. 2. The crime of
high treason. See crimen majestatis under CRIMEN.
"Majestas . ... From being an attribute of the princeps. the
word 'majesty' came to be an honorific title confined. at
first, to the Roman emperors of the West but later extended
to all kings. From the time of Henry II, it has been used in
England, the full form being 'Her Most Gracious Majesty',
The usual form is 'Her Majesty'." David M. Walker, The
Oxford Companion to Law 798 (1980).
major (may-jdr). [Latin] (17c) 1. Roman law. An older
person, esp. one older than 25 and hence offull capacity.
2. Roman law. An ascendant; an ancestor. 3. Hist. A
mayor. 4. ADULT. 5. In the U.S. Army, U.S. Air Force, or
U.S. Marine Corps, a commissioned officer who ranks
above a captain and below a lieutenant-colonel.
major action. Environmental law. An undertaking that
may have a Significant impact on the environment, trig
gering the need for an environmental assessment under
the National Environmental Policy Act and some state
laws. Cf. MAJOR-FEDERAL ACTION. [Cases: Environmen
tal Law (;:=:;>587.J
major-and-minor fault rule. See MAJOR-MINOR FAULT
RULE.
major annus (may-jdf an-ds). [Latin "the greater year"]
A leap year. made up of366 days.
majora regalia (m<l-jor-ee ri-gay-lee-<l). See regalia
majora under REGALIA.
major crime. See FELONY (1). major disaster. A catastrophe, such as a hurricane,
tornado, storm, flood, earthquake, drought, or fire,
so severe that it warrants disaster assistance from the
federal government. -When the President declares a
major disaster, the federal government supplements
the efforts and resources ofstates, local governments,
and relief organizations to alleviate the damage, loss,
hardship, and suffering caused by the catastrophe. 40
CPR  109. [Cases: United States (;::)82(5).]
major dispute. See DISPUTE.
majorennitati proximus (may-jdr-en-d-tay-tI prok-sd
mds). [Law Latin] Scots law. Near majority . Minors
who were near the age of majority had difficulty
arguing that a contracting party had taken advantage
oftheir age and inexperience. See IN CONFI:-IIO MAjORIS
AETATIS.
majores (md-jor-eez), n. [Latin "greater persons"] 1.
Roman law. Ancestors; forebears. 2. Hist. Greater
persons; persons of a higher status.
major federal action. Environmental law. An undertak
ing, either carried out by a federal agency or approved
by a federal agency. that may have a Significant impact
on the environment . Examples include constructing
an aqueduct or dam, constructing a highway through
wetlands, or adopting certain agency regulations.
Under the National Environmental Policy Act, a federal
agency that plans to take a major federal action that
may Significantly affect the environment is reqUired to
prepare and file an environmental-impact statement,
along with any public comments, with the Environ
mental Protection Agency. 40 CFR  1506.9, 1508.
[Cases: Environmental Law C;:;;;S87.]
major; minus inest (m<l-jor-I ml-ndS in-est). [Latin] Scots
law. The greater includes the less. -The phrase refers
to the principle that any conveyance of a primary right
to property includes any lesser rights to that property.
majority. (l6c) 1. The status of one who has attained the
age (usu. 18) at which one is entitled to full civic rights
and considered legally capable of handling one's own
affairs. See AGE OF MAJORITY. Cf. MINORITY (1). [Cases:
Infants 2. A number that is more than half ofa
total; a group of more than 50 percent <the candidate
received 50.4 percent ofthe votes barely a majority>.


a group of more than 50 percent <the candidate
received 50.4 percent ofthe votes barely a majority>.
 A majority always refers to more than half of some
defined or assumed set. In parliamentary law, that set
may be all the members or some subset, such as all
members present or all members voting on a particular
question. A "majority" without further qualification
usu. means a simple majority. See simple majority. Cf.
PLURALITY; MINORITY (2); HALF PLUS mm.
absolute majority. A majority of all those who are
entitled to vote in a particular election, regardless of
how many voters actually cast ballots. See QUORUM.
[Cases; Elections 126(6),215.]
constitutional majority. See majority ofall the mem
bers.
extraordinary majority. See supermajority.

1041
majority ofall the members. A majority of all the
actual members, disregarding vacancies. -Also
termed constitutional majority; majority ofthe entire
membership; majority ofthe membership.
majority ofall the memberships. A majority ofall the
possible memberships, including vacancies. Also
termed majority ofthe fixed membership.
majority ofthe entire membership. See majority ofall
the members.
majority ofthefixed membership. See majority ofall
the memberships.
majority ofthe membership. See majority ofall the
members.
ordinary majority. See simple majority.
plural majority. See PLURALITY.
simple majority. A numerical majority of those
actually voting . Absent members, members who
are present but do not vote, blanks, and abstentions
are not counted. -Also termed ordinary majority.
[Cases: Elections C:;126(6),215.]
supermajority. A fixed proportion greater than half
(often two-thirds or a percentage greater than 50%),
required for a measure to pass . Such a majority is
needed for certain extraordinary actions, such as
ratifying a constitutional amendment or approving
a fundamental corporate change. -Also termed
extraordinary majority.
veto-proofmajority. A legislative majority large enough
that it can override an executive veto.
majority-consent procedure. Corporations. A statutory
provision allowing shareholders to avoid a sharehold
ers' meeting and to act instead by written consent of
the holders of a majority of shares. Delaware and a
few other states have enacted such procedures. [Cases:
Corporations ~191.]
. majority-minority district. See DISTRICT.
majority opinion. See OPINION (1).
majority report. See REPORT (1).
majority rule. (1848) 1. The principle that a majority of
a group has the power to make decisions that bind the
group; the principle that in the choice of alternatives,
the one preferred by the greater number is selected.
It is governance by the majority of those who actually
participate, regardless of the number entitled to par
ticipate. 2. The constitutional principle "that a majority
ofthe people ofa State ... elect a majority of that State's
legislators," Reynolds v. Sims, 377 U.S. 533, 583-84,
84 S.Ct. 1362, 1393 (1964), from which it follows that
each voter is entitled to a share of the franchise equal
to that ofeach other voter. See ONE-PERSON, ONE-VOTE
RULE. 3. Corporations. Ihe common-law principle that
a director or officer owes no fidUciary duty to a share
holder with respect to a stock transaction . This rule
has been restricted by both federal inSider-trading rules
and state-law doctrine. Cf. SPECIAL-BACTS RULE.
majority shareholder. See SHAREHOLDER. make-whole doctrine
majority verdict. See VERDICT.
majority vote. See MAJORITY.
majority voting. See VOTING.
major life activity. (1979) A basic activity that an average
person in the general population can perform with
little or no difficulty, such as seeing, hearing, sleeping,
eating, walking, traveling, or working. _ A person who
is substantially limited in a major life activity is pro
tected from discrimination under a variety ofdisability
laws, most significantly the Americans with Disabilities
Act and the Rehabilitation Act. 42 USCA  12102(2); 29
USCA  705(9)(B). See AMERICANS WITH DISABILITIES
ACT. [Cases: Civil Rights 1019(2),1218(2).]
major-minor fault rule. Maritime law. The principle
that if the fault ofone vessel in a collision is uncontra
dicted and sufficient to account for the accident, then
the other vessel is presumed not to have been at fault
and therefore not to have contributed to the accident.
The elimination ofthe divided-damages rule has made
this rule obsolete. -Also termed major-and-minor
fault rule. [Cases: Collision 19, 122.]
major offense. See OFFENSE (1).
major trend. See TREND.
majus jus (may-j<ls j;Js). [Law Latin "a greater right"] Hist.
A greater right . 'Ihis was a plea in a real action.
make, vb. (bef. 12c) 1. To cause (something) to exist <to
make a record>. 2. To enact (something) <to make law>.
3. To acquire (something) <to make money on execu
tion>. 4. To legally perform, as by executing, signing, or
delivering (a document) <to make a contract>.
make default. l. DEFAULT (1). 2. DEFAVLT (2).
make law. 1. To legislate. 2. To issue a legal precedent,
esp. a judicial decision, that establishes a new rule of
law on a particular subject. 3. Hist. To deny a plain~
tiff's charge under oath, in open court, with compur
gators .
make purpart (p;Jr-pahrt), vb. To divide and apportion
property formerly held in common. See PURPART.
maker. (l4c) 1. One who frames, promulgates, or ordains
(as in lawmaker). 2. A person who signs a promissory
note. See NOTE (1). Cf. COMAKER. [Cases: Bills and
Notes ~48, US.] 3. DRAWER.
accommodation maker. (1829) One who signs a note
as a surety. See ACCOMMODATION (2); accommodation
indorser under INDORSER. [Cases: Bills and Notes C=
49,122.]
prime maker. (1972) The person who is primarily liable
on a note or other negotiable instrument.
makeup gas. Oil t~gas. Natural gas that has been paid for
by the purchaser, usu. under a take-or-pay contract, but
that is to be delivered in the years following payment.
See take-or-pay contract under CONTRACT. [Cases: Gas
C=13(1).]
make-whole doctrine. Insurance. 'Ihe principle that,
unless the insurance policy provides otherwise, an
insurer will not receive any of the proceeds from the

1042 mal
settlement ofa claim, except to the extent that the set
tlement funds exceed the amount necessary to fully
compensate the insured for the loss suffered. [Cases:
Insurance C::;:)3514(2).]
mal (mal), adj. [Law French "bad; wrong; against"] Bad;
wrong. In Law French, mal was a separable word,
equivalent to the Latin male ("badly"). In its modern
uses, mal-is a prefix in terms such as maladministra
tion and malpractice.
mala antiqua (mal-<:l an-tI-kw<:l). Old crimes; offenses
that date back to antiquity.
mala demonstratio (mal-<:l dem-;m-stray-shee-oh).
[Latin] Hist. Erroneous description.
maladministration. Poor management or regulation by
a public officer; specif., an official's abuse of power.
Also termed misadministration; breach oftrust.
mala fides (mal-<:l fI-deez), n. See BAD FAITH (1).
mala in se (mal-d in say or see). See MALUM IN SE.
malandrinus (mal-;m-drI-n<:lS), n. [Law Latin "brigand"]
Hist. A thief; a pirate.
malapportionment, n. (1959) The improper or uncon
stitutional apportionment ofa legislative district. See
APPORTIONMENT (3); GERRYMANDERING; LEGISLATIVE
DISTRICTING. [Cases: Elections 12(6).] -malap
portion, vb.
mala praxis (mal-d prak-sis). [Law Latin] Hist. Malprac
tice; unskillful treatment, esp. by a doctor.
"Injuries. affecting a man's health. are where by any
unwholesome practices of another a man sustains any
apparent damage in his vigor or constitution. As by selling
him bad provisions or wine ... or by the neglect or unskil
ful management of his phYSician, surgeon, or apothecary.
For it hath been solemnly resolved ... that mala praxis
is a great misdemeanor and offence at common law.
whether it be for curiosity and experiment. or by neglect;
because it breaks the trust which the party had placed in
his physician, and tends to the patient's destruction." 3
William Blackstone, Commentaries on the Laws ofEngland
122 (1768).
mala prohibita (mal-d proh-hib-i-td). See MALUM PRO
HIBITUM.
malconduct in office. See official misconduct under MIS
CONDUCT.
male creditus (mal-ee kred-d-tas). [Law Latin] Hist. (Of
a person) in bad repute; untrusted.
malediction (mal-d-dik-shdn). Rist. A curse placed
on property donated to a church to protect it against
anyone attempting to violate the church's rights.
malefaction (mal-<:l-fak-shan), n. [Latin malefacere "to do
evil"] (lSc) Archaic. An evil deed; a crime or offense.
Also termed maleficium. malefactory, adj.
malefactor (mal-<:l-fak-t<:lr), n. [Latin] (ISc) A wrongdoer;
a criminal.
maleficium (mal-d-fish-ee-am), n. [Latin "a misdeed"]
Roman law. A delict. See MALEFACTION.
maleson. See MALISON. malesworn (mayl-sworn), p.pl. Forsworn. -Also spelled
malsworn.
malfeasance (mal-fee-z;mts), n. (17c) A wrongful or
unlawful act; esp. wrongdoing or misconduct by a
public official; MISFEASANCE IN PUBLIC OFFICE. Cf.
MISFEASANCE; NONFEASANCE. [Cases: Officers and
Public Employees 121.J -malfeasant (mal-fee
zant), adj. -malfeasor (mal-fee-z;,r), n.
malfunction theory. (1979) Products-liability law. A
principle permitting a products-liability plaintiff to
prove that a product was defective by proving that the
product malfunctioned, instead of requiring the plain
tiff to prove a specific defect . A plaintiff relying on
the malfunction theory usu. must also prove that the
product was not misused, and must disprove all rea
sonable explanations for the occurrence other than a
defect. [Cases: Products LiabilityC::>358.]
mal gree (mal gree). [Law French "against the will"] Hist.
Against the will; without consent.
malice, n. (14c) 1. The intent, without justification or
excuse, to commit a wrongful act. 2. Reckless disre
gard of the law or of a person's legal rights. 3. III will;
wickedness of heart. This sense is most typical in
nonlegal contexts.
"Malice means in law wrongful intention. It includes any
intent which the law deems wrongful, and which therefore
serves as a ground of liability. Any act done with such an
intent is, in the language of the law, malicious, and this
legal usage has etymology in its favour. The Latin malitia
means badness, physical or moral -Wickedness in disposi
tion or in conduct -not specifically or exclusively illwill
or malevolence; hence the malice of English law, including
all forms of evil purpose, deSign, intent, or motive. [Butl
intent is of two kinds, being either immediate or ulterior.
the ulterior intent being commonly distinguished as the
motive. The term malice is applied in law to both these
forms of intent, and the result is a somewhat puzzling
ambiguity which requires careful notice. When we say that
an act is done maliCiously. we mean one of two distinct
things. We mean either that it is done intentionally, or that
it is done with some wrongful motive." John Salmond, juris,
prudence 384 (GlanVille L. Williams ed., 10th ed. 1947),
"[Mlalice in the legal sense imports (I) the absence of all
elements ofjustification, excuse or recognized mitigation,
and (2) the presence of either (a) an actual intent to cause
the particular harm which is produced or harm of the same
general nature. or (b) the wanton and wilful dOing of an
act with awareness of a plain and strong likelihood that
such harm may result .... The Model Penal Code does not
use 'malice' because those who formulated the Code had
a blind prejudice against the word. This is very regret
table because it represents a useful concept despite some
unfortunate language employed at times in the effort to
express it." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 860 (3d ed. 1982).
actual malice. (18c) 1. The deliberate intent to commit
an injury, as evidenced by external circumstances.
Also termed express malice; malice infact. Cf. implied
malice. 2. Defamation. Knowledge (by the person who
utters or publishes a defamatory statement) that a
statement is false, or reckless disregard about whether
the statement is true. To recover for defamation,


statement) that a
statement is false, or reckless disregard about whether
the statement is true. To recover for defamation,
a plaintiff who is a public official or public figure
must overcome the defendant's qualified privilege by

proving the defendant's actual malice. And for certain
other types of claims, a plaintiff must prove actual
malice to recover presumed or punitive damages.
Also termed New York Times malice: constitutional
malice; common-law malice. [Cases: Libel and Slander
common-law malice. See actual malice (2).
constructive malice. See implied malice.
express malice. (l7c) 1. Criminal law. The intent to kill
or seriously injure arising from a deliberate, rational
mind. [Cases: Assault and Battery (;:::J49: Homicide
(;:::JS29.] 2. See actual malice (1). 3. Defamation. The
bad-faith publication ofdefamatory material. [Cases:
Libel and Slander (;:::J4, 51.]
general malice. (17c) Malice that is necessary for
any criminal conduct; malice that is not directed
at a specific person. Cf. particular malice. [Cases:
Criminal Law (;:::J20.]
implied malice. (17c) Malice inferred from a person's
conduct. -Also termed constructive malice; legal
malice; malice in law. Cf. actual malice (1).
malice infact. See actual malice (1).
particular malice. (l6c) Malice that is directed at a par
ticular person. -Also termed special malice.
transferred malice. (1961) Malice directed to one
person or object but instead harming another in the
way intended for the first. [Cases: Assault and Battery
C='49; Homicide (;:::J555.]
"[I]f A shoots at B intending to kill him, but the shot actually
kills C, this is held to be murder of C. So also jf A throws
a stone at one window and breaks another, it is held to
be malicious damage to the window actually broken. This
doctrine, which is known as the doctrine of transferred
malice, applies only where the harm intended and the
harm done are of the same kind. If A throws a stone at
a human being and unintentionally breaks a window, he
cannot be convicted of malicious damage to the window."
John Salmond, jurisprudence 382 (Glanville l. Williams ed.,
10th ed. 1947).
universal malice. (17c) The state of mind of a person
who determines to take a life on slight provocation,
without knowing or caring who may be the victim.
malice aforethought. (l7c) The requisite mental state
for common-law murder, encompassing anyone of
the following: (1) the intent to kill, (2) the intent to
inflict grievous bodily harm, (3) extremely reckless
indifference to the value of human life (the so-called
"abandoned and malignant heart"), or (4) the intent to
commit a dangerous felony (which leads to culpabil
ity under the felony-murder rule). -Also termed pre
meditated malice; preconceived malice; malice prepense;
malitia praecogitata. [Cases: Homicide (;:::J529, 541,
546.]
"Malice aforethought is the term which came into use
during medieval times to indicate the mental element nec
essary in the felony of murder. It has been the subject of
voluminous jurisprudential enquiry . ." j.W. Cecil Turner,
Kenny's Outlines ofCriminal Law 27 (16th ed. 1952).
"Every intentional killing is with malice aforethought
unless under circumstances sufficient to constitute (1) justification, (2) excuse, or (3) mitigation." Rollin M. Perkins
& Ronald N. Boyce, Criminal Law 58 (3d ed. 1982).
malice exception. (1977) A limitation on a public offi
cial's qualified immunity, by which the official can
face civil liability for willfully exercising discretion in
a way that violates a known or well-established right.
See qualified immunity under IMMUNITY (1). [Cases:
Civil Rights (;:::J1376.]
malice in fact. See actual malice (1) under MALICE.
malice in law. See implied malice under MALICE.
malice prepense. See MALICE AFORETHOUGHT.
malicious, adj. (13c) l. Substantially certain to cause
injury. 2. Without just cause or excuse.
malicious abandonment. See ABANDONMENT (3).
malicious abuse of legal process. See ABUSE OF
PROCESS.
malicious abuse of process. See ABUSE OF PROCESS.
malicious accusation. See ACCUSATION.
malicious act. (17c) An intentional, wrongful act done
willfully or intentionally against another without legal
justification or excuse.
malicious arrest. See ARREST.
malicious assault with a deadly weapon. See ASSAULT.
malicious bankruptcy. See BANKRUPTCY.
malicious damage. See MALICIOUS MISCHIEF.
malicious defeuse. See DEFENSE (2).
malicious execution. See EXECUTION.
malicious injury. See INJURY.
malicious institution of civil proceedings. See MALI
CIOUS PROSECUTION.
malicious killing. (17c) An intentional killing without
legal jUstification or excuse. -Also termed killing with
malice. Cf. ACCIDENTAL KILLING. [Cases: Homicide (;:::J
529,546.]
maliciously damaging the property of another. See
MALICIOUS MISCHIEF.
malicious mischief. (18c) The common-law misdemeanor
of intentionally destroying or damaging another's
property. Although modern statutes predominantly
make this offense a misdemeanor, a few make it a felony
(depending on the nature ofthe property or its value).
See Model Penal Code  220.3. -Also termed mali
cious mischiefand trespass; malicious injury; malicious
trespass; malicious damage; maliciously damaging the
property ofanother; (in the Model Penal Code) criminal
mischief [Cases: Malicious Mischief (;:::J 1.]
"Such phrases as 'malicious mischief and trespass,' 'mali
cious injury,' and 'maliciously damaging the property of
another,' are merely additional labels used at times to
indicate the same offense. It was a misdemeanor according
to the common law of England, although some confUSion
has resulted from Blackstone's statement that it was 'only
a trespass at common law.' Before the word 'misdemeanor'
became well established the old writers tended to use the
word 'trespass' to indicate an offense below the grade of
felony. And it was used at times by Blackstone for this

purpose, as in the phrase 'treason, felony, or trespass.'"
Rollin M. Perkins & Ronald N. Boyce, Criminal Law405 (3d
ed.1982).
malicious motive. See MOTIVE.
malicious prosecution. (I7c) 1. The institution of a
criminal or civil proceeding for an improper purpose
and without probable cause . The tort requires proof
of four elements: (1) the initiation or continuation of
a lawsuit; (2) lack of probable cause for the lawsuit's
initiation; (3) malice; and (4) favorable termination
of the original lawsuit. Restatement (Second) of Torts
 674-81B (1977). 2. The tort claim resulting from the
institution of such a proceeding . Once a wrongful
prosecution has ended in the defendant's favor, he or
she may sue for tort damages. -Also termed (in the
context of civil proceedings) malicious use ofprocess;
(archaically) malicious institution ofcivil proceedings.
Cf. ABUSE OF PROCESS; VEXATIOUS SUIT; MALICIOUS
DEFENSE. [Cases: Malicious Prosecution (::=>0.5.]
"The distinction between an action for malicious prosecu
tion and an action for abuse of process is that a malicious
prosecution consists in maliciously causing process to be
issued, whereas an abuse of process is the employment
of legal process for some purpose other than that which
it was intended by the law to effect the improper use
of a regularly issued process. For instance, the initiation
of vexatious civil proceedings known to be groundless
is not abuse of process, but is governed by substantially
the same rules as the malicious prosecution of criminal
proceedings." 52 Am. Jur. 2d Malicious Prosecution  2, at
187 (1970).
malicious technology. Any electronic or mechanical
means, esp. software, used to monitor or gain access
to another's computer system without authorization
for the purpose of impairing or disabling the system.
 Examples ofmalicious technology are Trojan horses,
time-outs, keystroke logging, and data-scrambling
devices. -Also termed malware.
malicious trespass. See MALICIOUS MISCHIEF.
malicious use of process. See MALICIOUS PROSECU
TION.
malignare (mal-dg-uair-ee), vb. [Latin] Hist. 1. To
malign; to slander. 2. To maim.
malinger, vb. (1820) To feign illness or disability, esp. in
an attempt to avoid an obligation or to continue receiv
ing disability benefits.
malison (mal-d-z;m or -san). [fro Latin malum "evil"
+ sonus "a sound"J Hist. A curse_ -Also spelled
maleson.
malitia (mJ-lish-ee-J). [Latin "malice"] Hist. An actual
evil design; express malice . Malitia originally signi
fied general wrongdoing, and did not describe a wrong
doer's state ofmind; malitia praecogitata, for example,
indicated only the seriousness ofthe offense, though it
was eventually rendered malice aforethought.
malitia capitalis (md-lish-ee-d kap-i-tay-lis). [LatinJ
Hist. Deadly malice.
malitia excogitata (eks-koj-d-tay-tJ). See malitia
praecogitata. malitia praecogitata (pree-koj-a-tay-td). See MALICE
AFORETHOUGHT. -Also termed malitia excogitata.
"[T]he word felony is often coupled with what will in the
future be another troublesome term of art, to wit, malice
aforethought or malice prepense (malitia excogitata,
praecogitata) . ... When it first came into use, it hardly
signified a state of mind; some qualifying adjective such
as praemeditata or excogitata was needed if much note
was to be taken of intention or of any other psychical fact.
When we first meet with malice prepense it seems to mean
little more than intentional wrong-doing; but the somewhat
weighty adjectives which are coupled with malitia in its
commonest context -adjectives such as excogirata
are, if we mistake not, traces of the time when forsteal,
guetapens, waylaying, the setting of ambush, was (what
few crimes were) a speCially reserved plea of the crown to
be emended, if indeed it was emendable, by a heavy wlte."
2 Frederick Pollock & Frederic W. Maitland, The History of
English Law Before the Time of Edward I 468-69 (2d ed.
1899).
malleable, adj. (14c) 1. (Of an object) capable of exten
sion by hammering <the metal was malleable>. 2. (Of a
person) capable ofbeing influenced <the young student
was malleable>.
Malleus Maleficarum (mal-ee-;}s mal-d-fi-kair-dm).
[Latin "Hammer of Witches"] Hist. An encyclope
dic work of demonology and witchcraft, prepared in
1486 by two Dominican friars (Heinrich Kraemer and
Johann Sprenger) as part of their efforts to eradicate
witchcraft in Germany. The Malleus Maleficarum
was based largely on folk beliefs, but it was relied on
for several centuries as an authoritative source on how
to detect, extract confessions from, and prosecute
witches.
Mallory rule. See MCNABB-MALLORY RULE.
mallum (mal-am), n. [Law Latin] Hist. 1. A superior
court among the Salian Franks, with criminal juris
diction; a high court that handles important business.
2. A public national assembly. -Also termed mallus.
mallus. See MALLUM.
malo animo (mal-oh an-a-moh), adv. [LatinJ With evil
intent; with malice.
malo grato (mal-oh gray-toh), adv. [l.atin] Unwill
ingly.
Maloney Act. A 1938 amendment to the Securities
Exchange Act of 1934, providing for broker registra
tion in over-the-counter markets.
malpractice (mal-prak-tis). (l7c) An instance ofnegli
gence or incompetence on the part ofa professionaL.
To succeed in a malpractice claim, a plaintiff must also
prove proximate cause and damages. Also termed
professional negligence. [Cases: Negligence (::=>321.J
legal malpractice. A lawyer's failure to render profes
sional services with the skill, prudence, and diligence
that an ordinary and reasonable lawyer would use
under similar circumstances. -Also termed attorney
malpractice. [Cases: Attorney and Client G'=;107.]
medical malpractice. A doctor's failure to exercise the
degree ofcare and skill that a physician or surgeon of
the same medical specialty would use under similar

circumstances. Often shortened to med. mal.
[Cases: Health P600-835.J
malpractice insurance. See INSURANCE.
malsworn. See MALESWORN.
maltreatment. (l8c) Bad treatment (


SURANCE.
malsworn. See MALESWORN.
maltreatment. (l8c) Bad treatment (esp. improper treat
ment by a surgeon) resulting from ignorance, neglect,
or willfulness. See MALPRACTICE.
malum (mal-dm also may-Idm), n. [Latin] Something
bad or evil. PI. mala.
malum in se (mal-dm in sayar see), n. [Latin "evil
in itself"] (17c) A crime or an act that is inherently
immoral, such as murder. arson, or rape. Also
termed malum per se. Cf. MALUM PROHIBITUM. Pl.
mala in se. -malum in se, adj.
"The basis for the distinction between mala in se and mala
prohibita, between what one might call a crime and an
offence -or between what one might call a felony and a
misdemeanour, if one could modernize those terms so that
the latter was given its natural meaning is that crime
means to the ordinary man something that is sinful or
immoral, and an offence at worst a piece of misbehaviour."
Patrick Devlin. The Enforcement ofMorals 33 (1968).
"The distinction between offenses mala in se and offenses
mala prohibita was recognized at least as early as the fif
teenth century. It has been criticized repeatedly. About a
century and a half ago the distinction was said to be one
'not founded upon any sound principle' and which had
'long since been exploded.' [Quoting Bensley v. Bignold, 5
g, & A. 335, 341, 106 Eng. Rep. 1214, 1216 (1822); other cita
tions omitted.] The Supreme Court, however, has shown
that it is just as firmly entrenched today as it was in 1495."
Rollin M, Perkins & Ronald N, Boyce, Criminal Law880 (3d
ed.1982).
malum prohibitum (mal-am proh-hib-i-tam), n. [Latin
"prohibited evil"] (I8c) An act that is a crime merely
because it is prohibited by statute, although the act itself
is not necessarily immoraL -Misdemeanors such as
jaywalking and running a stoplight are mala prohibita,
as are many regulatory violations. Cf. MALUM IN SE. Pl.
mala prohibita. malum prohibitum, adj.
"Much of the criminal law that is regulatory in character
the part of it that deals with malum prohibitum rather than
malum in se is based upon the .. , principle ... that the
choice of the individual must give way to the convenience
of the many." Patrick Devlin, The Enforcement of Morals
16 (1968).
"As customarily used these phrases are mutually exclusive,
An offense malum prohibitum is not a wrong which is pro
hibited, but something which is wrong only in the sense
that it is against the law. This is emphasized at times by
such phrases as 'malum prohibitum only' or 'but malum
prohibitum,' although it is understood without any such
qualification. A failure to understand this usage of the
terms has led some to assume that all statutory additions
to the common law of crimes are mala prohibita. One writer
emphasized his confusion by speaking of embezzlement
as malum prohibitum. This assumption is utterly without
foundation, An act may be malum in se although no pun
ishment is provided by law, If this defect is corrected by
appropriate legislation, what previously was malum in se
does not cease to be so by reason of having been defined
and made punishable by law." Rollin M, Perkins & Ronald
N. Boyce, Criminal Law 884-85 (3d ed. 1982).
malum regimen (mal-<lm rej-<l-men). [Law Latin]
Scots law. Bad medical treatment. - A defendant in a homicide case may assert as a defense that the decedent
actually died as a result of bad medical treatment, not
the defendant's actions.
malus animus (mal-as an-a-mas). [Latin] Scots law, Bad
intention. -This intention, coupled with a prohibited
act carrying it out, resulted in a crime. See DOLE; MENS
REA.
malveilles (mal-vay also mal-vayls), n. [French "misde
meanors"] Hisl. 1. III will. 2. Crimes; misdemeanors;
malicious acts,
malveis procurors (mal-vay pra-kyoor-arz). [Law French
"defective procurers") Hist. Persons who pack juries, as
by nomination or other practice.
malversation (mal-var-say-shdn), n. [French "ill
behavior"] Official corruption; misbehavior by an
official in the exercise ofthe duties ofthe office. [Cases:
Officers and Public Employees C--;) 121.) -malverse,
vb.
malware. (1990) Slang. See MALICIOUS TECHNOLOGY.
man. (bef. 12c) 1. An adult male. 2. Humankind. Also
termed mankind. 3. A human being. 4. Hist. A vassal;
a feudal tenant.
manacle (man-a-kdl). (14c) A shackle; a handcuff.
managed care. (1982) A system of comprehensive health
care provided by a health-maintenance organization,
a preferred-provider organization, or a similar group.
[Cases: Health C::=>294; Insurance <:--:>2501.]
managed-care organization. An association of profes
sional healthcare providers that offers healthcare-ser
vice plans to subscribers. Cf. HEALTH-MAINTENANCE
ORGANIZATION; PREFERRED-PROVIDER ORGANIZATION.
[Cases: Health P294; Insurance P2501.]
management. (16c) The people in an organization who
are vested with a certain amount of discretion and
independent judgment in managing its affairs. [Cases:
Corporations (;:::=>296.]
middle management. People who exercise some discre
tion and independent judgment in carrying out top
management's directives.
top management. The highest level of a company's
management, at which major policy decisions and
long-term business plans are made. -Also termed
upper management.
management buyout. See BUYOUT.
management company. See COMPANY.
Management Directorate. The division of the Depart
ment of Homeland Security responsible for handling
the Department's financial and personnel affairs.
management fee. See FEE (1).
manager. (16c) 1. A person who administers or super
vises the affairs of a business, office, or other organi
zation.
general manager. A manager who has overall control
ofa business, office, or other organization, including
authority over other managers. - A general manager

is usu. equivalent to a president or chief executive
officer ofa corporation.
2. A legislator appointed to a conference committee
charged with adjusting differences in a bill passed
by both houses in different versions. -Also termed
conferee; manager ofa conference. [Cases: States
34.] 3. Parliamentary law. A member who displays the
evidence against another member who is charged with
misconduct and faces possible disciplinary action. 4. A
representative appointed by the House of Representa
tives to prosecute an impeachment before the Senate.
[Cases: United States ~35.] 5. A member of a board
of managers; DIRECTOR (2). See BOARD OF DIRECTORS.
6. A court-of-equity appointee responsible for carrying
on a business for the benefit of creditors or other ben
eficiaries.
manager ofa conference. See MANAGER (2).
managing agent. See AGENT (2).
managing conservator. See CONSERVATOR.
managing conservatorship. See CUSTODY (2).
managium (m"-nay-jee-,,m), n. [Law Latin, fro Law
French manage "a dwelling"] Hist. A dwelling; a
mansion house. -Also termed mensa (men-s,,).
Manahan-type carried interest. Oil & gas. A transaction
in which the owner of a lease assigns all the working
interest to someone else -who takes on specified costs
ofdrilling and development and the assignor retains
a reversionary interest in part of the working interest,
which reverts to the assignor once the assignee has
recovered the specified costs during the payout period.
Manahan Oil Co. v. Commissioner, 8 T.e. 1159 (1947).
[Cases: Mines and Minerals
manbote. See BOTE (2).
manceps (man-seps), n. [Latin "an agent"] I. Roman
law. A purchaser of something at a state auction, esp.
a right or advantage, as in the right to farm taxes. See
CONDUCTOR (2).
"Manceps. One who at a public auction, conducted by a
magistrate, through the highest bid obtained the right to
collect taxes (a tax farmer) or custom duties, the lease
of public land (ager publicus) or other advantages (a
monopoly). -In postal organization mancepswas a post
station master." Adolf Berger, EncyclopediC Dictionary of
Roman Law 573 (1953).
2. A person who undertakes to perform a task and gives
security for the performance. 3. Roman law. A state
postmaster.
manehe-present (mahnsh-pray-zon). [Law French "a
present from the donor's own hand"] A bribe.
mancipable (man-si-pd-b<'ll), adj. Capable of mancipa
tion.
mancipant (man-si-p<'Int), n. One who transfers property
by mancipation.
mancipare (man-s,}-pair-ee), vb. [fro Latin manus "hand"
+ capere "to take"] Roman law. 1. To alienate (a thing)
through mancipation. 2. To sell (esp. a person) fictitiouslyas part ofthe emancipation process. See MAN
CIPATION.
mancipatio (man-s,}-pay-shee-oh), n. [Latin] See MAN
CIPATION.
mancipation (man-si-pay-sh"n), n. [fr. Latin mancipa
tio "hand-grasp"]!. Roman law. A legal formality for
transferring property by either an actual or a simulated
purchase; a formal conveyance in the guise ofa sale .
The formality required the presence ofthe thing being
conveyed (res mancipi), and offive adult male citizens
acting as witnesses. Another person (the libripens)
held the bronze scales with which the purchase price
had been weighed out. The buyer made an assertion
of ownership, struck the scales with a piece of bronze
or copper, then gave the metal piece to the seller as
a symbolic price. In Roman dassicallaw, either this
procedure or cessio in jure was necessary to pass legal
title. Ihis form ofsale was abolished by Justinian. 2. A
similar form used for making a will, adoption, eman
cipation of children, etc. Also termed mancipatio.
See RES MANCIPI. Cf. EMANCIPATION. mancipate,
vb. mancipatory (man-si-p,,-tohr-ee), adj.
"Mancipatio is the solemn sale per aes et libram. In the
presence of five witnesses (cives Romani puberes) a skilled
weighmaster (iibripens) weighs out to the vendor a certain
amount of uncoined copper (aes, raudus, raudusculum)
which is the purchase-money, and the purchaser, with
solemn words, takes possession with his hand hence
the description of the act as 'hand-grasp' of the thing
purchased as being his property." Rudolph Sohm, The Insti
tutes: A Textbook ofthe History and System ofRoman Private
Law 48 (james Crawford Ledlie trans., 3d ed. 1907).
mancipatory will. See WILL.
mancipi res (man-s,,-pI reez). See RES MANCIPI.
mancipium (man-sip-ee-<'Im), n. [Latin "a slave"] Roman
law. 1. A slave, esp. by virtue of being captured by an
enemy in war. 2. A temporary quasi-servile status, nec
essarily occurring in an emancipation, and also when
a master or father noxally surrendered a slave or son to
an injured party to answer for an offense committed by
the slave or son against that party. See EMANCIPATION;
NOXAL ACTION (1).
"But if the patria potestas could be created, it could also be
terminated, by an artificial process .... The father could
not by a simple act of his own will release the son from his
control. For this purpose he must sell him out of his own
hands into that state of mancipium or qualified slavery of
which we have spoken. Even then the father's power was
not destroyed: it was suspended during the existence of
the mancipium; but if the mancipium ceased, if the son
was set free by the person who held him in that condition,
the father's right revived .... It was not until he had sold
him three times over, that he used up his right of control
beyond the poss! bility of a revival. This, then, was the form
by which the son was liberated from the patria potestas."
James Hadley, Introduction to Roman Law 126-27 (1881).
3. MANCIPATION (1).
M & A. abbr. Mergers and acquisitions. See MERGER.
mandamus (man-day-m"s), n. [Latin "we command"]
(16c) A writ issued by a court to compel performance
of a particular act by a lower court or a governmental
officer or body, usu. to correct a prior action or failure

to act. Also termed writ ofmandamus; mandate;
(in BrE) order. [Cases: Mandamus 1.J Pl. manda
muses. -mandamus, vb.
alternative mandamus. A writ issued upon the first
application for relief, commanding the defendant
either to perform the act demanded or to appear
before the court at a specified time to show cause for
not performing it. [Cases: Mandamus (;:::::> 158.]
peremptory mandamus. An absolute and unqualified
command to the defendant to do the act in question.
 It is issued when the defendant defaults


us. An absolute and unqualified
command to the defendant to do the act in question.
 It is issued when the defendant defaults on, or fails
to show sufficient cause in answer to, an alternative
mandamus. [Cases: Mandamus C:;)179.]
mandans (man-danz), n. [Latin] Roman law. The prin
cipal for whom a mandated person undertakes to
perform a gratuitous service. See MANDATOR (2).
mandant (man-d;mt), n. [French) French & Scots law.
The principal in a contract ofmandate, such as a bailor
in a bailment. See MANDATOR.
mandatary (man-d;:l-ter-ee), n. (i5c) 1. A person to
whom a mandate is given. See MANDATE (5). 2. An
agent, esp. one who acts gratuitously but is entitled to be
indemnified for expenses incurred in carrying out the
mandate. Also termed (in Roman law) mandatarius.
3. Civil law. The person who is employed to a mandator
in a gratuitous agency. -Also termed mandatee; man
datarius. See MANDATE (5). mandatary, adj.
mandate, n. (16c) 1. An order from an appellate court
directing a lower court to take a specified action.
Also termed (in BrE) order. See MANDAMUS. [Cases:
Appeal and Error (;:::::> 1186.1; Federal Courts
949.1.] 2. A judicial command directed to an officer
of the court to enforce a court order. 3. In politics, the
electorate's overwhelming show of approval for a given
political candidate or platform. 4. Roman & civil law.
A written command given by a principal to an agent;
specif., a commission or contract by which one person
(the mandator) requests someone (the mandatary) to
perform some service gratuitously, the commission
becoming effective when the mandatary agrees. La.
Civ. Code art. 2989 . In this type of contract, no lia~
bility is created until the service requested has begun.
The mandatary is bound to use reasonable care in per
formance, while the mandator is bound to indemnify
against loss incurred in performing the service.
Also termed mandatum. 5. Louisiana law. A contract
by which one person, the principal, confers authority
on another person, the mandatary, to transact one or
more affairs for the principal. La. Civ. Code arts. 2989
et seq . The contract of mandate may be either onerous
or gratuitous. It is gratuitous ifthe parties do not state
otherwise. 6. Hist. Int'llaw. An authority given by the
League ofNations to certain governments to take over
the administration and development of deSignated ter~
ritories. Cf. TRUSTEESHIP (2). mandate, vb.
mandatee. See MANDATARY.
mandate rule. (1958) The doctrine that, after an appel
late court has remanded a case to a lower court, the lower court must follow the decision that the appel
late court has made in the case, unless new evidence
or an intervening change in the law dictates a different
result. [Cases: Appeal and Error C::o 1195(1); Federal
Courts (;:::::>950.]
mandator (man-day-tdr or man-day-t;:lr). (17c) 1. A
person who delegates the performance of a mandate to
another. 2. Civil law. The person who employs another
(called a mandatary or mandatarius) in a gratuitous
agency. See MANDATE (5). -Also termed mandant.
3. BAILOR (1).
mandatory, adj. (I5c) Of, relating to, or constituting a
command; required; preemptory.
HA provision in a statute is said to be mandatory when
disobedience to it, or want of exact compliance with it,
will make the act done under the statute absolutely void."
Henry Campbell Black, Handbook on the Construction and
Interpretation of the Laws 334 (1896).
mandatory commitment. See COMMITMENT.
mandatory injunction. See INJUNCTION.
mandatory instruction. See JURY INSTRUCTION.
mandatory joinder. See compulsory joinder under
JOINDER.
mandatory penalty. See mandatory sentence under
SENTENCE.
mandatory power. See POWER (5).
mandatory presumption. See conclusive presumption
under PRESUMPTION.
mandatory punishment. See mandatory sentence under
SENTENCE.
mandatory rule. See KGLE (1).
i mandatory sentence. See SENTENCE.;
' mandatory sentencing. See SENTENCING.
mandatory statute. See STATUTE.
I mandatory subject ofbargaining. Labor law. A topic
that is required by the National Labor Relations Act
to be discussed in good faith by the parties during
labor negotiations; an essential employment matter,
including wages, hours, and other terms and condi
tions of employment, about which management and the
union are required to negotiate in good faith, and that
can lawfully form the basis of a collective-bargaining
impasse. 29 USCA  158(d). -Often shortened to man
datory subject. Cf. PERMISSIVE SUBJECT OF BARGAIN
ING. [Cases: Labor and Employment 1125.J
mandatory trust. See TRUST.
mandatory waiver. The mandatory transfer, without
judicial discretion, of a case from juvenile court to
criminal court once the prosecutor has charged a
juvenile with one of certain statutorily enumerated
serious crimes. See TRANSFER STATUTE. C STATUTORY
EXCLUSIOK. [Cases: Infants (;:::::>68.7.]
mandatum (man-day-t~m). Roman & civil law. A
bailment in which the bailee will, without recompense,
perform some service relating to the goods; MANDATE

(4). This type of bailment is for the sole benefit of
the bailor.
mandavi ballivo (man-day-vI ba-b-voh). [Law Latin "I
have commanded the bailiff"] Hist. A sheriff's return
stating that the sheriff ordered a bailiff to execute a
writ.
man-endangering state of mind. See PERSON-ENDAN
GERING STATE OF MIND.
manerium (ma-neer-ee-am), n. [Law Latin, fro Latin
manere "to remain"] Hist. A manor.
'The term manerium seems to have come in with the
Conqueror, though other derivatives from the Latin verb
manere, in particular mansa, mansio, mansiuncula had
been freely employed by the scribes of the land-books.
But these had as a rule been used as representatives ofthe
English hide, and just for this reason they were incapable of
expressing the notion that the Normans desired to express
by the word manerium. In its origin that word is but one
more name for a house. Throughout the Exeter Domesday
the word mansio is used instead of the manerium of the
Exchequer record, and even in the Exchequer record we
may find these two terms used interchangeably ...."
Frederic W, Maitland, Domesday Book and Beyond 108-09
(1921),
mangonare (mang-ga-nair-ee), vb. [fro Latin mango "a
dealer"] To buy in a market; to deal.
manhood. (Be) 1. A male person's majority. 2. Hist.
A ceremony ofa vassal paying homage to the vassal's
lord. -Also termed homagium.
"Besides an oath of fealty, or profession of faith to the
lord, which was the parent of our oath of allegiance, the
vassal or tenant upon investiture did usually homage to his
lord; openly and humbly kneeling, being ungirt, uncovered,
and holding up his hands both together between those of
the lord, who sate before him; and there professing that
'he did become his man, from that day forth, of life and
limb and earthly honour:' and then he received a kiss from
his lord, Which ceremony was denominated homagium,
or manhood, by the feudists." 2 William Blackstone, Com
mentaries on the Laws of England 53 (1766).
mania a potu. See DELIRIUM TREMENS.
mania transitoria. Hist. Insanity ofbrief duration, expe
rienced while committing a criminal act.  In a mem
orandum opinion, the Supreme Court used the term
to mean emotional insanity. See Mutual Life Ins. CO,
V. Terry, 82 U.S. 580, 583-84 (I872). But other courts
have applied the literal meaning (temporary insanity).
See, e.g., Rush v. Megee, 36 Ind. 69 (I871). Cf. emotional
insanity and temporary insanity under INSANITY.
manifest, n. (16c) A document listing the cargo or pas
sengers carried on a ship, airplane, or other vehicle;
esp., a shipping or warehousing document containing
a list ofthe contents, value, origin, carrier, and destina
tion ofthe goods. Cf. CONTENT.
manifestation ofintention. (1826) Wills & estates. The
external expression ofthe testator's intention, as distin
guished from an undisclosed intention. -Also termed
manifestation ofintent.
manifestation theory. Insurance. The doctrine that
coverage for an injury or disease falls to the policy
in effect when the symptoms of the covered injury or
disease first appear. Cf. EXPOSURE THEORY; ACTUALINJURY TRIGGER; TRIPLE TRIGGER. [Cases: Insurance
(;:::>2265.]
"Some injuries do not manifest themselves until a period
of time has elapsed between the occurrence of the event
that produces the harm and the time when it becomes
apparent. Particularly when these claims result from what
often were not recognized as dangerous products or
chemicals when the exposure occurred, such as asbestos
or dioxin, the consequences are referred to as 'delayed
manifestation' injuries .. , . [Under the] '[m]anifestation'
theory ... [some] courts have concluded that coverage
is provided by the insurance policy in place at the time
the injury becomes apparent, that is, when the injury is
manifested." Robert E. Keeton & Alan I. Widiss, Insurance
Law: A Guide to Fundamental Principles, Legal Doctrines,
and Commercial Practices  5.10(d)(3). at 598 (1988).
manifest constitutional error. See ERROR (2).
manifest-disregard doctrine. (1983) The principle that
an arbitration award will be vacated if the arbitrator
knows the applicable law and deliberately chooses to
disregard it, but will not be vacated for a mere error
or misunderstanding of the law. [Cases: Alternative
Dispute Resolution (;:::> 329.]
manifest error. See ERROR (2).
manifest-error-or-dearly-wrong rule. (1981) In some
jurisdictions, the doctrine that an appellate court
cannot set aside a trial court's finding of fact unless
a review of the entire record reveals that the finding
has no reasonable basis. rCases: Appeal and Error C=:
999(1),1008.1(5,
manifest injustice. A direct, obvious, and observable
error in a trial court, such as a defendant's guilty plea
that is involuntary or is based on a plea agreement that
the prosecution has rescinded. [Cases: Criminal Law
(;:::>273.1(2),274(3.0.]
manifest intent. See INTENT (1).
manifest law. See LEX MANIFESTA.
manifest necessity. See NECESSITY.
manifesto. (17c) A written statement publicly declar
ing the issuer's principles, policies, or intentions; esp.
a formal document explaining why a state or nation
declared war or took some other significant interna
tional action.
manifest thief. See FUR MANIFESTUS.
manifest weight ofthe evidence. A deferential standard
ofreview under which a verdict will be reversed or dis
regarded only if another outcome is obviously correct
and the verdict is dearly unsupported by the evidence.
Cf. WEIGHT OF THE EVIDENCE. [Cases: Criminal Law
Evidence (;:::>584.J
manipulation. Securities. (1888) The illegal practice of
raising or lowering a security's price by creating the
appearance ofactive trading . Manipulation is pro
hibited by section lO(b) of the Securities Exchange
Act of 1934.15 USCA  78j(b). -Also termed market
manipulation; stock manipulation. [Cases: Securities
Regulation (;:::>60.25.]
mankind. See MAN (2).

1049
Mann Act. A federal law, enacted originally in 1910,
making it illegal to transport an individual in interstate
or foreign commerce for prostitution or other criminal
sexual activity. -It is named its sponsor, Rep. James
Robert Mann. 18 USCA  2421-2424. Also termed
White Slave Traffic Act. [Cases: Prostitution C~;>15.]
manner and form. See MODO ET FORMA.
mannire (m,,-flI-ree), vb. [Law Latin) Hist. To summon
(an adverse party) to court; to prosecute (a case).
mannopus (man-oh-pas). [fro Latin manus "hand" +
opus "work"] Hist. 1. Manual labor. 2. A day's work. 3.
Goods taken from the hands ofan apprehended thief;
MAINOUR.
manor. (14c) 1. A feudal estate, usu. granted by the king
to a lord or other high person and cultivated as a unit.
-In more ancient times, the lord's manor included a
village community, usu. composed ofserfs.
"[T]o ask for a definition of a manor is to ask for what can
not be given. We may however draw a picture of a typical
manor. and, this done, we may discuss the


for what can
not be given. We may however draw a picture of a typical
manor. and, this done, we may discuss the deviations from
this type .... [W]e may regard the typical manor (I) as
being, qua viII, a unit of public law, of police and fiscal
law, (2) as being a unit in the system of agriculture, (3) as
being a unit in the management of property, (4) as being a
jurisdictional unit. But we ... see that hardly one of these
traits can be considered as absolutely essential. The most
important is the connection between the manor and the
viII ...." 1 Frederick Pollock & Frederic W. Maitland, The
Historv of English Law Before the Time ofEdward / 596-97
(2d ed. 1898).
''The term [manor] applied, after the Norman conquest, to
estates organized under knights, ecclesiastical corpora
tions, or otherwise. and managed and cultivated as units.
By the end of the 11th century, the main element was the
feudal lord, and soon he came to be regarded as the owner
of the manor, and to have authority over the tenants, and
the right to hold a court for them .... In the thirteenth
and fourteenth centuries, a manor also implied a right of
jurisdiction exercised through a court baron, attended by
both freeholders and villein tenants .... In the eighteenth
century the manorial court decayed rapidly, cases being
generally brought in the King's courts, the only surviving
business being copyhold conveyancing." David M. Walker,
The Oxford Companion to Law 803 (1980).
reputed manor. A manor in which the lands not
granted in tenancy but reserved for the lord's own
use (demesne lands) and services become absolutely
separated. The manor is no longer a manor in actu
ality, only in reputation. Also termed seigniory in
gross.
2. A jurisdictional right over tenants ofan estate, usu.
exercised through a court baron. 3. Hist. In the United
States, a tract ofland occupied by tenants who pay rent
to a proprietor. 4. A mansion on an estate.
manorial extent. Hist. A survey ofa manor by a jury of
tenants, giving the numbers and names oftenants, the
size oftheir holdings, the kind oftenure, and the kind
and amount ofthe tenants' services.
manorial system. The medieval system ofland owner
ship in which serfs and some freemen cultivated the
soil of a manor in return for a lord's protection. See
MANOR (1). manslaughter
manse (mans), n. [Law Latin] Hist. 1. A portion ofland
large enough to maintain one family.; a sufficient
amount ofland to be worked by a yoke ofoxen for a
year. 2. A house without land; MESSUAGE. 3. The resi
dence of a minister, esp. a Presbyterian minister. 4. A
large, imposing residence. -Also termed mansus.
manser (man-sar), n. [Law Latin] Hist. A bastard.
Mansfield rule. (1968) The doctrine that a juror's testi
mony or affidavit about juror misconduct may not be
used to challenge the verdict. This Mansfield rule
is intended to ensure that jurors are heard through
their verdict, not through their postverdict testimony.
In practice, the rule lessens the possibility that lOSing
parties will seek to penetrate the secrets of the jury
room. The rule was first announced in Vaise v. Delaval,
99 Eng. Rep. 944 (K.B. 1785), in an opinion by William
Murray, first Earl ofMansfield, the Lord ChiefJustice of
the Court ofKing's Bench. [Cases: Criminal Law C=>
957; Federal Civil Procedure C':::>2371; New Trial
143; Trial G=>344.]
mansio (man-shee-oh), n. [Law Latin] Hist. 1. An inn.
2. A house.
mansion-house. l. Hist. The residence of the lord of a
manor. 2. DWELLING-HOUSE.
mansion-house rule. The doctrine that a tract of land
lying in two counties will be assessed, for property-tax
purposes, in the county in which the house is located.
[Cases: Taxation C=>2216.]
manslaughter, n. (15c) The unlawful killing ofa human
being without malice aforethought. Also termed (in
some jurisdictions) cuLpable homicide. Cf. MURDER.
[Cases: Homicide C=>654.]- manslaughter, vb.
first-degree manslaughter. See voluntary manslaugh
ter.
intentional manslaughter. See voluntary manslaugh
ter.
intoxication manslaughter. An unintentional homicide
committed by an intoxicated person while operating
a vehicle or some other type ofmachinery. lCases:
Automobiles G=>344.]
involuntary manslaughter. (18c) Homicide in which
there is no intention to kill or do grievous bodily
harm, but that is committed with criminal negligence
or during the commission ofa crime not included
within the felony-murder rule. Also termed neg
ligent manslaughter; second-degree manslaughter;
manslaughter in the second degree. Cf. ACCIDENTAL
KILLING. [Cases: Homicide G=>659.]
"Involuntary manSlaughter is a 'catch-all' concept. It
includes all manslaughter not characterized as voluntary."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 104 (3d
ed. 1982).
"The only differences between the legal use and the
everyday use of 'voluntary,' 'not voluntary,' and 'involun
tary' seem to be (a) a more frequent use of 'involuntary'
as a synonym of 'not voluntary' and (b) a technical use of
'involuntary' in the crime of 'involuntary manslaughter,'
where it seems to have the meaning of 'unintentional.'
Thus, as contrasted with 'voluntary manslaughter,' there

is no suggestion that death, as contrasted with harm, was
intended or foreseen. Though it is often confined to cases
of assault and battery where death results, for example
either from the withholding of food or from excessive chas
tisement of a child, some jurists say that it can be due to
any unlawful and dangerous action causing death." Alan
R. White, Grounds of Liability 61-62 (1985).
manslaughter in the first degree. See voluntary man
slaughter.
manslaughter in the second degree. See involuntary
manslaughter.
misdemeanor manslaughter. (1947) Unintentional
homicide that occurs during the commission of a
misdemeanor (such as a traffic violation). [Cases:
Homicide C::>661.)
negligent manslaughter. See involuntary manslaugh
ter.
second-degree manslaughter. See involuntary man
slaughter.
voluntary manslaughter. (lSc) An act of murder
reduced to manslaughter because ofextenuating cir
cumstances such as adequate provocation (arousing
the "heat ofpassion") or diminished capacity. -Also
termed intentional manslaughter; first-degree man
slaughter; manslaughter in the first degree; uninten
tional murder. [Cases: Homicide 0=658.)
manstealing. See KIDNAPPING.
mansuetae naturae (man-swee-tee na-tyoor-ee), adf
[Latin "of a tamable nature") Civil law. (Of animals)
tame or tamable. [Cases: Animals 0=1.5.)
mansuetae naturae (man-swee-tee na-tyoor-ee), n. Civil
law. Tame, domesticated animals. See domestic animal
under ANIMAL. [Cases: Animals C= L5;)
mansuetus (man-swee-tas), adj. [Latin) Roman law.
Tame; tamed.
mansus. See MANSE.
manticulate (man-tik-ya-layt), vb. To pick pockets.
manticuiation, n.
mantle child. See CHILD.
mantrap. See TRAP.
manual, adj. Used or performed by hand <manual
labor>.
manual delivery. Delivery ofpersonal property by actual
and corporeal change in possession.
Manual for Courts-Martial. A manual that implements
the Uniform Code ofMilitary Justice . Itwas adopted
in 1969 by presidential executive order. [Cases: Military
Justice (;:::)507.J
manual gift. See GIFT.
manu aliena (man-yoo ay-Iee-ee-n<l or al-ee-). [Latin]
Scots law. By the hand of another. The phrase was
contained in a notary's docket and was attached to the
end ofan instrument ofseisin, as a means for the notary
to indicate that the instrument was written by another
person. See DOCKET (5). manualis obedientia (man-yoo-ay-lis a-bee-dee-en
shee-<l). [Latin "obedience by (taking or kissing) hand"]
Sworn obedience upon an oath.
manual labor. Work performed chiefly through muscular
exertion, with or without tools or machinery.
Manual of Classification. Patents. The U.S. Patent
and Trademark Office's official looseleaf publication
describing the patent classification system and giving
brief explanations ofeach class and subclass within the
system.
Manual of Patent Examining Procedure. The book of
substantive law (judicial and administrative-law prec
edents) and procedural rules for patent examiners at
the U.S. Patent and Trademark Office . The MPEP
is the primary resource that patent examiners use to
process patent applications. -Abbr. MPEP. [Cases:
United States 0=97.]
Manual of the Judge Advocate General. The Secretary
of the Navy's directive on military justice, with minor
variations between rules applicable to the Navy and
those applicable to the Marine Corps. Also termed
JAG Manual. [Cases: Military Justice C=51O.]
manual-rating insurance. See INSURANCE
manu brevi (man-yoo bree-vI). See BREVI MANU.
manucaptio (man-ya-kap-shee-oh), n. [Law Latin) Rist.
1. Surety; security; bail. 2. A writ allowing a person to
be admitted to bail, when the person had been arrested
for a felony but could not be admitted to bail by the
sheriff. See MAINPRISE.
manucaption (man-yoo-kap-shan), n. Rist. 1. MAIN
PRISE. 2. A writ ordering someone to produce an
alleged felon in court.
manucaptor. See MAINPERNOR (2).
manufacture, n. (l6c) Patents. A thing that is made or
built by a human being (or by a machine), as distin
guished from something that is a product of nature;
esp. any material form produced by a machine from an
unshaped composition of matter.  Manufactures are
one of the statutory categories ofinventions that can
be patented. Examples ofmanufactures are chairs and
tires. 35 USCA  101. Also termed article ofmanu
facture. Cf. MACHINE; PROCESS (3). [Cases: Patents
"13.)
"A manufacture must have a definable structure that is
claimed as its patentable characteristic. Manufactures are,
after all, a category of product patents, and therefore must
be 'things,' as opposed to ways or means. In summary, a
patentable manufacture is any humanmade structure that
has inventive characteristics." Arthur R. Miller & Michael H.
Davis, Intellectual Property in a Nutshel/30 (2d ed. 1990).
manufactured diversity. See DIVERSITY OF CITIZEN
SHIP.
manufactured home. See HOME.
manufacturer. (17c) A person or entity engaged in pro
ducing or assembling new products . A federal law
has broadened the defll1ition to include those who act
for (or are controlled by) any such person or entity in

1051
the distribution ofnew products, as well as those who
import new products for resale. 42 USCA  4902(6).
manufacturer's liability. See PRODUCTS LIABILITY.
manufacturer's lien. See LIEN.
manufacturing clause. Hist. 1. A component of the
Copyright Act of 1976 prohibiting imports of more
than 2,000 copies of a nondramatic English-language
literary work by an American author, unless the
material was manufactured in Canada or the U.S.
The manufacturing clause expired in 1986. 2. A com
ponent ofthe Copyright Act of 1909 limiting copyright
protection for English-language books and periodicals
to those printed in the U.S.
manufacturing cost. See COST (1).
manufacturing defect. See DEFECT.
manu forti (man-yoo for-til. [Latin] With strong
hand. _ This term was used in old writs of trespass
to allege forcible entry, as in manu forti et cum multi
tudine gentium ("with strong hand and multitude of
people").
manu longa (man-yoo long-ga ). See LONGA MANU.
manu militari (man-yoo mil-a-tair-I). [Latin] Hist. By
military force.
manumission (man-ya-mish-an), n. [Latin manumissio
"I send out of hand"] (15c) Roman law. The granting
of freedom to a slave. -In the Republic and early
Empire, there were three usual methods, all of which
made the freed slave a citizen. These were (1) manumis
sion vindicta (by the rod), a fictitious lawsuit in which
a liberator touched the slave with a wand or rod in the
presence of the praetor and alleged that he was free;
(2) manumission censu, by which the slave's name was
en