etor and alleged that he was free;
(2) manumission censu, by which the slave's name was
enrolled in the census as a citizen; and (3) manumission
testamento, by will. Under Justinian, a grant offreedom
in any form (except in fraud ofcreditors) made the slave
free and a citizen. Also termed manumissio. [Cases:
Slaves ~22.]
"Manumission is a kind of new birth. The master (patronus)
therefore stands to his freedman in a relation analogous to
the relation between father and son. The patron, as such,
is entitled, as against his libertus, to a father's rights of
succession and guardianship. He has the right of moderate
chastisement (levis coercitio). He has the same claim to
be treated with respect as he has against his son. He
can claim to be supported by the libertus, if he falls into
poverty. He is, lastly, entitled to certain services on the
part of the freedman, which he can, if necessary, enforce
by action, provided only the freedman had promised them
after his manumission and in a manner not derogatory to
his liberty." Rudolph Sohm, The Institutes: A Textbook of
the History and System of Roman Private Law 170 Oames
Crawford Ledlie trans., 3d ed. 1907).
manumission censu. The freeing of a slave by having
the censor enter the slave's name on the census roll,
the slave profeSSing to be a freeman in the presence
of the master. -Once the censor entered the slave's
name on the census roll, the slave became a freeman
and a citizen -by a simple stroke ofthe pen. -Also
termed manumissio censu. manutenentia
manumission sacrorum causa. The freeing of a slave
by the master's solemnly declaring that the slave was
to be free while holding a limb ofthe slave and prom
ising to pay a sum of money if the freedman later
departs from the sacra (family rites). -The master
then turned around and released the slave, who
became free but was bound to perform the family
rites. -Also termed manumissio sacrorum causa.
manumission testamento. The freeing ofa slave by will
in either of two ways: (1) the master's granting the
slave freedom outright in the will, or (2) the master's
imposing on an heir the obligation offreeing the slave,
in which case the slave became the freedman of the
heir. -Also termed manumissio testamento.
manumission vindicta. The ceremonial freeing of a
slave whereby a third party, in the presence of the
praetor, placed a rod (vindicta) on the slave while
claiming that the slave was a freedman, where
upon the master admitted the slave's freedom and
the praetor then declared the slave to be free. -This
ceremony was actually a fictitious action at law.
Also termed manumissio vindicta.
manumit (man-Y<l-mit), vb. To free (a slave). -manu
mitter, n.
manung (man-<lng). Hist. An official's jurisdictional
district. -Also spelled monung.
manuopus (man-yoo-oh-pas). See MAINOUR.
manupes (man-ya-peez), n. [Law Latin] Hist. A full
12-inch foot as a legal measure.
manupretium (man-Y<l-pree-shee-am), n. [Latin] Roman
law. Wages for performed labor or services.
manu propria (man-yoo proh-pree-a). [Latin] Hist. By
one's own hand.
manurable (ma-n[y]oor-a-bal), adj. [Law French ff. Old
French main "hand"] Hist. (Of a thing) capable of being
held in hand; capable of being touched.
manure (ma-nyoor), vb. [Law French fro Old French main
"hand"] Hist. To use (something) manually; to perform
manual labor on (something).
manus (may-nas), n. [Latin "hand"]!. Roman law. The
power exercised by the head of a family over all its
members and slaves; esp. a husband's power over his
wife; marital subordination, which accompanied most
marriages in early Rome. 2. Hist. A compurgator, or the
oath taken. -"Ihis usage of manus may stem from the
affiant's placing a hand on the Bible while taking the
oath. See COMPURGATOR.
manuscript. (16c) An unpublished writing; an author's
typescript or written work product that is proposed
for publication.
manuscript policy. See INSURANCE POLICY.
manus mortua (may-nas mor-choo-a). [Latin "dead
hand"] See MORTMAIN.
manutenentia (man-ya-ta-nen-shee-a), n. [Law Latin]
His!. The old writ of maintenance. See MAINTE
NANCE.

1052 manworth
manworth. Hist. The value ofa person's life.
Mapp hearing. (1971) Criminal procedure. A hearing
held to determine whether evidence implicating the
accused was obtained as the result of an illegal search
and seizure, and should therefore be suppressed. Mapp
v. Ohio. 367 U.S. 643,81 S.Ct. 1684 (1961). [Cases:
Criminal Law (;:::>394.6.]
maquiladora (mah-kee-ld-dohr-d), 11. [fro Spanish
maquilar "gristmill"] (1976) A Mexican corporation,
esp. one that holds a permit to operate under a special
customs regime that temporarily allows the corpora
tion to import duty-free into Mexico various raw mate
rials, equipment, machinery, replacement parts, and
other items needed for the assembly or manufacture
of fmished goods for export. -Often shortened to
maquila.
mara (mair-d), 11. [Law Latin] Hist. A lake; a pool; a body
ofwater that cannot be drained.
MARAD. abbr. MARITIME ADMINISTRATION.
maraud (md-rawd), vb. (18c) To rove about to pillage or
plunder; to loot. -marauder, 11.
marcatus (mahr-kay-tds), n. [l.aw Latin] Hist. The yearly
rent ofa tract ofland.
march. Hist. A boundary between countries or territo
ries, esp. the border between England and Wales or
between England and Scotland.
Marchers. Hist. Lords who lived on the borders of
Scotland and Wales, and operated, with the permission
of the English sovereigns, under their own private laws.
-The laws were eventually abolished by the statute 27
Hen. 8, ch. 26. Also termed Lords Marchers.
"Thus the Lords Marchers were practically independent
potentates of a kind very unusual in England. From this
two consequences flowed. In the first place there grew up
in their jurisdictions a mixture of Welsh custom and English
law known as the custom of the Marches. In the second
place, although they held of the king, their allegiance sat so
lightly upon them that it was necessary to declare in 1354
that 'all the Lords of the Marches ofWales shall be perpetu
ally attending and annexed to the crown of England, and
not to the principality ofWales, in whose hands so ever the
same principality be,'" 1 William Holdsworth, A History of
English Law 121 (7th ed. 1956).
marchet (mahr-chet). Hist. A fee paid by a feudal tenant
to the lord so that the tenant's daughter could marry
someone outside the lord's jurisdiction or so that the
lord would waive the droit du seigneur. Also termed
marcheta; marchetum; merchet; mercheta; merchetum;
maiden rent. See DROIT DU SEIGNEUR.
"Any service which stamps the tenant as an unfree man,
stamps his tenure as unfree; and in common opinion such
services there are, notably the merchetum. Now among the
thousands of entries in English documents relating to this
payment, it would we believe be utterly impossible to find
one which gave any sanction to the tales of a ius primae
noctis. The context in which this duty is usually men
tioned explains at least one of the reasons which underlie
it, The tenant may not give his daughter (in some cases
his son or daughter) in marriage -at least not outside
the manor. , .. No doubt a subjection to this restraint
was regarded as very base, and sometimes it is described
in vigourous words which express a free man's loathing for servility: -'he must buy, he must make ransom for,
his flesh and blood,'" 1 Frederick Pollock & FrederiC W,
Maitland, The History of English Law Before the Time of
Edward I 372 (2d ed. 1898),
march-in rights. Patel1ts. The government's right to
step in and grant a new license or revoke an existing
license if the owner of a federallv funded invention
(or the owner's licensee) has not adequately developed
or applied the invention within a reasonable time. 35
USCA  203. [Cases: Patents
marchioness (mahr-shd-nis or mahr-sha-nes), n. [fr.
Law Latin marchiol1issa, the feminine counterpart to
marchio "marquess"] A female dignity, equivalent to a
marquis, conferred by creation or by marriage with a
marquis. See MARQUIS.
Marcus model. Labor law. A method for determining
whether a union member's state-law claim against the
employer is preempted by federal law, by focusing on
whether the state-law claim can be maintained inde
pendently of an interpretation of the collective-bar
gaining agreement. -In Lingle v. Norge Div. ofMagic
Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the
Supreme Court held that a union member's state-law
retaliatory-discharge claim was not preempted by the
Labor-Management Relations Act because the claim
could be resolved without interpreting the collective
bargaining agreement. There are at least two models for
applying the Lingle test: the White model, which focuses
on whether the claim is negotiable or nonnegotiable
(that is, whether state law allows the claim to be waived
by a private contract), and the Marcus model, which
focuses on the independence ofthe claim in relation to
the collective-bargaining agreement. Cnder the Marcus
model. ifthe claim can be maintained separately from
an interpretation ofthe collective-bargaining agree
ment, it is not preempted regardless of whether the
claim is generally waivable in contract. The Marcus
model is named for the author of the law-review note
in which it was proposed. Stephanie R. Marcus, Note,
The Need for a New Approach to Federal Preemption
ofUnion Members' State Law Claims, 99 Yale L.J. 209
(1989). See LINGLE TEST. Cf. WHITE MODEL.
mare (mair-ee or mahr-ee), n. Hist. [Latin] The sea. See
SEA.
mare clausum (mair-ee or mahr-ee klaw-zdm). [Latin
"closed sea"] A sea or other body of naVigable water
that is under the jurisdiction of a particular nation
and is closed to other nations.
mare liberum (mair-ee or mahr-ee lib-dr-dm or
II-bar-am). [Latin "free sea"] 1. A sea or other body
of navigable water that is open to all nations. 2.
FREEDOM OF THE SEAS.
marescallus (mar-d-skal-as), 11. [Law Latin]}. A marshal;
a high royal officer. Also termed mareschal. 2. A
master ofthe stables. 3. A military officer, similar to a
constable, who acted as quartermaster. 4. An officer of
the Court ofExchequer. 5. A state officer. 6. An officer
of a manor.

1053
marettum (ma-ret-am), n. [fr. Latin mare "the sea" +
tegere "to cover"] Hist. Marshy ground flooded by the
sea.
margin, n. (14c) 1. A boundary or edge. 2. A measure or
degree of difference. 3. PROFIT MARGIN. 4. The differ
ence between a loan's face value and the market value
of the collateral that secures the loan. 5. Cash or col
lateral required to be paid to a securities broker by an
investor to protect the broker against losses from secu
rities bought on credit. [Cases: Securities Regulation
~45.1O, 45.11.16.1he amount of an investor's equity
in securities bought on credit through the broker.
margin, vb. -marginal, margined, adj.
good-faith margin. The amount of margin that a
creditor exercising good judgment would customar
ily require for a specified security position . This
amount is established without regard to the cus
tomer's other assets or securities positions held with
respect to unrelated transactions.
marginable security. See SECURITY.
margin account. See ACCOUNT.
marginal cost. See COST (1).
marginal note. A brief notation, in the nature of a sub
heading, placed in the margin of a printed statute to
give a brief indication of the matters dealt with in the
section or subsection beside which it appears . For
ease of reference, marginal notes are usu. in distinc
tive print. Many jurisdictions hold that notes of this
kind cannot be used as the basis for an argument about
the interpretation of a statute. -Also termed sidenote.
[Cases: Statutes (;::)211.]
marginal release. See RELEASE (2).
marginal revenue. See REVENUE.
marginal tax rate. See TAX RATE.
margin call. See CALL (2).
margin deficiency. Securities. The extent to which the
amount of the required margin exceeds the equity in
a margin account. [Cases: Securities Regulation C=
45.l1.}
margined security. See SECURITY.
margin list. A Federal Reserve Board list limiting the
loan value ofa particular bank's


ined security. See SECURITY.
margin list. A Federal Reserve Board list limiting the
loan value ofa particular bank's stock to a certain per
centage (e.g., 50%) ofits market value . When a bank
is not on the list, no limit is placed on the loan value of
stock used as collateral.
margin requirement. Securities. The percentage of the
purchase price that a buyer must deposit with a broker
to buy a security on margin. This percentage of the
purchase price is set and adjusted by the Federal Reserve
Board. [Cases: Securities Regulation C'::45.11.]
"Margin requirements are the statutory and administrative
restrictions placed upon the percentage of the value of
securities that may be borrowed for the purpose of the
purchase of such securities, the term 'margin' referring to
the percentage of the value that must be paid in cash by the
purchaser. Such requirements have been implemented for
the purposes of preventing the excessive use of credit for
the purchase or carrying of securities, and of reducing the i
i
'
I
,
! marine-rescue doctrine
aggregate amount of the national credit resources, which
are directed by speculation into the stock market, and of
achieving a more balanced use of such resources." 69 Am,
Jur. 2d Securities Regulation -Federal  481 (1993).
initial margin requirement. Ihe minimum percentage
of the purchase price that a buyer must deposit with
a broker.  The Federal Reserve Board establishes
minimum margin requirements to prevent excessive
speculation and price volatility. (Cases: Securities
Regulation (~.J45.ll.J
maintenance margin requirement. The minimum
equity that a buyer must keep in a margin account,
expressed as a percentage ofthe account value. [Cases:
Securities Regulation ~45.11.J
margin stock. See marginable security under
SECURITY.
margin transaction. A securities or commodities trans
action made through a broker on a margin account.
Also termed buying on margin. See MARGIN (5). [Cases:
Securities Regulation ~45.11.J
mariage de convenance. See marriage ofconvenience
under MARRIAGE (1).
marinarius (mar-a-nair-ee-as), n. [Law Latin] Hist. A
seaman; a mariner.  Marinarius capitaneus (kap-a
tay-nee-as) was the admiral or warden of the ports.
marine, adj. (15c) 1. Ofor relating to the sea <marine
life>. 2. Of or relating to sea navigation or commerce
<marine insurance> <marine interest>.
marine belt. See territorial waters under WATER.
marine carrier. See CARRIER.
marine contract. See maritime contract under
CONTRACT.
Marine Court in the City of New York. The New York
City court, originally created to resolve seamen's
disputes, that was the predecessor of the City Court
of New York.
marine insurance. See INSURANCE.
marine interest. See MARITIME INTEREST.
marine league. See LEAGUE.
marine loan. See maritime loan under LOAN.
marine peril. See PERIL OF THE SEA.
marine protest. A writing attested by a justice of the
peace, a notary public, or a consul, made or verified by
the master of a vessel, stating that the vessel has suffered
a severe voyage and that the master has engaged in
neither misconduct nor negligence. See PROTEST.
mariner. (l4c) A person employed on a vessel in sea navi
gation; SEAMAN. (Cases: Seamen ~2.]
marine-rescue doctrine. The rule that when a person
on a ship goes overboard, the ship must use all reason
able means to retrieve the person from the water ifthe
person can be seen, and, if the person cannot be seen,
must search for the person as long as it is reasonably
possible that the person is still alive. [Cases: Seamen
~29(1).]

1054 marine risk
marine risk. See PERIL OF THE SEA.
mariner's will. See soldier's will under WILL.
marine rule. The doctrine that if the cost of restoring
damaged property would exceed one-half the value
of the property before the damage, then the property
is deemed to be totally destroyed. _ The marine rule
developed in the context ofapplying marine insurance
to damaged ships, but it has also been applied to other
property, including buildings.
mariner's hypothec. See HYPOTHEC.
marine service. See MARITIME SERVICE.
maritage (ma-ri-tij), n. See DOWRY.
maritagium (mar-a-tay-jee-am), n. [l.aw Latin] Hist. 1.
A lord's right to arrange a marriage for his infant ward;
specif., the power ofa feudal lord to give his infant ward
or a vassal's heiress, minor heir, or widow in marriage,
or to extract a fine from a vassal upon the vassal's
marriage. 2. Hist. The income derived from fines paid
by vassals for the lord's permission to marry. 3. DOWER.
4. A marriage gift; DOWRY. See DOS. -Also termed (in
sense 4) maritage.
"[Wjhile to the common lawyer dos meant dower, in other
systems it meant dowry: a gift to the Wife, or to husband
and wife, by the bride's parents or other relatives. In
England this was called the 'marriagegift' or maritagium.
Marriage-gifts were com monly made either to establish a
cadet branch of a family or to assist a daughter who was
not an heiress to make a good match:' J.H. Baker, An intro
duction to English Legal History 31 0 (3d ed. 1990).
maritagium habere (mar-a-tay-jee-am ha-beer-ee).
[Law Latin] To have the right of arranging a woman's
marriage. _ This was a privilege granted by the Crown
to favored subjects. See MARITAGIUM.
marital, adj. (17c) Of or relating to the marriage rela
tionship <marital property>. [Cases: Divorce <8=:>248;
Husband and Wife (~~1-354.1
marital agreement. (1866) An agreement between
spouses or two people engaged to be married con
cerning the division and ownership of marital
property during marriage or upon dissolution by
death or divorce; esp. a premarital contract or sepa
ration agreement primarily concerned with dividing
marital property in the event ofdivorce. -Also termed
marriage settlement; property settlement. See PRENUP
TIAL AGREEMENT; POSTNUPTIAL AGREEMENT. [Cases:
Husband and Wife
marital-communications privilege. See marital privi
lege (1) under PRIVILEGE (3).
marital deduction. See DEDUCTION.
marital-deduction trust. See TRUST.
marital dissolution. See DIVORCE.
marital domicile. See matrimonial domicile under
DOMICILE.
marital estate. See marital property under PROPERTY.
marital home. See FAMILY HOME.
marital immunity. See husband-wife immunity under
IMMUNITY (2). marital life-estate trust. See bypass trust under TRUST.
marital misconduct. Any of the various statutory
grounds for a fault divorce, such as adultery or cruelty.
Seefault divorce under DIVORCE. [Cases: Divorce <8=:>
12-38,252.2.]
marital portion. 1. Civil law. The portion of a deceased
spouse's estate to which the surviving spouse is entitled.
2. Louisiana law. The portion of a deceased spouse's
estate to which the surviving spouse is entitled if the
spouse died "rich in comparison with the surviving
spouse." La. Civ. Code art. 2432. [Cases: Descent and
Distribution <8=:>52(1).]
marital-privacy doctrine. A principle that limits gov
ernmental intrusion into private family matters, such
as those involving sexual relations between married
persons. The marital-privacy doctrine was first rec
ognized in Griswold v. Connecticut, 381 U.S. 479, 85
S.Ct. 1678 (I965). The doctrine formerly deterred state
intervention into incidents involving domestic violence.
Today, with the trend toward individual privacy rights,
the doctrine does not discourage governmental protec
tion from domestic violence. -Also termed doctrine of
marital privacy. [Cases: Constitutional Law <8=:> 1247.]
marital privilege. See PRIVILEGE (3).
marital property. See PROPERTY.
marital rape. See RAPE.
marital residence. See FAMILY HOME.
marital rights. (18c) Rights and incidents (such as
property or cohabitation rights) arising from the
marriage contract. [Cases: Husband and Wife
1-25(6).]
marital settlement agreement. See DIVORCE AGREE
MENT.
marital status. The condition of being single, married,
legally separated, divorced, or widowed.
marital tort. See TORT.
maritare (mar-<l-tair-ee), vb. Hist. To marry.
mariticide. (1992) 1. The murder ofone's husband. 2. A
woman who murders her husband. Cf. UXORICIDE.
mariticidal, adj.
maritima Angliae (m<l-rit-a-m<J ang-glee-ee). [Law
Latinl Hist. l. The seacoast. 2. The Crown's sea revenue,
as from wreckage and from whales or sturgeons cast
ashore. -The revenue was formerly collected by sheriffs
and later by the Lord High Admiral.
maritima incrementa (m<J-rit-a-ma in-kra-men-ta).
[Latin "marine increases"] Hist. Alluvion caused by
the sea; land gained from the sea.
maritime (mar-i-tIm), adj. (16c) 1. Connected with or
situated near the sea. 2. Ofor relating to sea navigation
or commerce.
'The word 'maritime' has in the Constitution its appropriate
meaning, i.e., relating to the sea, and 'sea' is a word ofwide
extension and appl ication .... Its classical and scriptural
equivalents are applied to all sorts of navigable waters. It
is not restricted, even in common speech, to waters where
the tide ebbs and flows, for the Baltic Sea, the Black Sea,

1055
the Sea of Azof, the Sea of Marmora, the Mediterranean
Sea, the great scenes of early maritime enterprise, have
no visible tide." 1 Steven F. Friedell, Benedict on Admiralty
 103, at 7-5 (7th ed. 1996).
Maritime Administration. A unit in the U.S. Depart
ment of Transportation responsible for subsidizing
certain costs of operating ships under the U.s. flag;
constructing or supervising the construction of mer
chant-type ships for the U.S. government; administer
ing the War Risk Insurance Program; and operating the
Merchant Marine Academy, which trains merchant
marine officers. Abbr. MARAD. [Cases: Shipping
(;-)3,14.]
maritime belt. See territorial waters under WATER.
Maritime Commission. See FEDERAL MARITIME COM
MISSION.
maritime-connection doctrine. See LOCALITY-PLUS
TEST.
maritime contract. See CONTRACT.
maritime court. See ADMIRALTY (1).
maritime employment. Under the Longshoremen's
and Harbor Workers' Compensation Act, a job that
is related to the loading, unloading, construction, or
repair of a vesseL 33 USCA  902(3). [Cases: Workers'
Compensation (;::>260, 262.J
maritime flavor. The relation ofa given case to shipping
concerns. This is a factor used in determining federal
admiralty jurisdiction over a particular matter by ana
lyzing whether the matter sufficiently relates to marine
and shipping concerns and whether there is need for a
federal response. [Cases: Admiralty (;::> 10(2),18.]
'There is perhaps no more elusive concept in the law of
admiralty than 'maritime flavor: ... While 'maritime flavor'
is incapable of precise definition, certain observations may
be helpful. Generally, courts find 'maritime flavor' in those
events and transactions which are miijor concerns of the
shipping industry. This is tempered by the realization that
exercise of federal control will not necessarily promote
maritime shipping with the same vigor as control by a
coastal or predominantly maritime state. Since federal law
will not necessarily be more favorable, courts may find
'maritime flavor' only when there is a perceived need for a
uniform national rule, which can only be provided by the
federal sovereign: Frank L Maraist, Admiralty in a Nutshell
23 (2d ed. 1988).
maritime interest. Interest charged on a loan secured
by a sea vessel or its cargo, or both. Because of the
lender's considerable risk, the interest rate may be
extraordinarily high. Also termed marine interest.
maritime jurisdiction. See ADMIRALTY AND MARITIME
JURISDICTION.
maritime law. The body of law governing marine
commerce and navigation, the carriage at sea ofpersons
and property, and marine affairs in general; the rules
governing contract, tort, and workers' -compensation
claims or relating to commerce on or over water.
Also termed admiralty; admiralty law; sea law. Cf.
GENERAL MARITIME LAW; LAW OF THE SEA. [Cases:
Admiralty (;::> 1.5.]
maritime lien. See LIEN. market
maritime loan. See LOAN.
maritime peril. A danger or risk arising from navigating
or being at sea. [Cases: Salvage ~-:;-'5.]
maritime service. Maritime law. Work performed in
connection with a ship or commerce on navigable
waters, such as service to preserve a ship's crew, cargo,
or equipment. -Also termed marine service. [Cases:
Admiralty (;::> 13.)
maritime state. Rist. The collective officers and mariners
of the British n


alty (;::> 13.)
maritime state. Rist. The collective officers and mariners
of the British navy.
maritime tort. See TORT.
maritus (md-rI-tds), n. [Latin] A husband; a married
man.
mark, n. (bef. 12c) l. A symbol, impression, or feature
on something, usu. to identify it or distinguish it from
something else. 2. TRADEMARK (1). 3. SERVICEMARK.
benchmark. See BENCHMARK.
certification mark. See certification trademark under
TRADEMARK.
collective mark. See collective trademark under TRADE
MARK.
markdown. A reduction in a selling price.
marked money. (1883) Money that bears a telltale mark
so that the money can be traced, usu. to a perpetrator
of a crime, as when marked money is given to a kid
napper as ransom.
market, n. (bef. 12c) 1. A place of commercial activity
in which goods or services are bought and sold <the
farmers' market>. -Also termed mart. 2. A geo
graphic area or demographic segment considered as a
place ofdemand for particular goods or services; esp.
prospective purchasers ofgoods, wherever they are <the
foreign market for microchips>. 3. Hist. The privilege of
having a public market. 4. The opportunity for buying
and selling goods or services; the extent of economic
demand <a strong job market for accountants>. 5. A
securities or commodities exchange <the stock market
dosed early because ofthe blizzard>. [Cases: Exchanges
C:::;; 1-10.10.] 6. The business of such an exchange; the
enterprise of buying and selling securities or com
modities <the stock market is approaching an all-time
high>. [Cases: Exchanges (;::> 1-13.10.] 7. The price at
which the buyer and seller ofa security or commodity
agree <the market for wheat is $8 per bushel>. [Cases:
Exchanges (;::> 13.]
advancing market. See bull market.
aftermarket. See secondary market.
auction market. A market (such as the New York Stock
Exchange) in which securities are bought and sold
by competitive bidding through brokers. Cf. negoti
ated market.
bear market. A securities market characterized by
falling prices over a prolonged period. - Also termed
down market; receding market.

1056 market
black market. An illegal market for goods that are con
trolled or prohibited by the government, such as the
underground market for prescription drugs.
bull market. A securities market characterized by
rising prices over a prolonged period. -Also termed
advancing market; strong market.
buyer's market. A market in which supply Significantly
exceeds demand, resulting in lower prices.
capital market. A securities market in which stocks
and bonds with long-term maturities are traded. See
financial market.
common market. An economic association formed by
several nations to reduce or eliminate trade barriers
among them, and to establish uniform trade barriers
against nonmembers; esp. (usu. cap.), EUROPEAN
UNION.
currency market. See foreign-exchange market.
derivative market. A market for the exchange ofderiv
ative instruments. -Also termed paper market. See
DERIVATIVE.
discount market. The portion of the money market in
which banks and other financial institutions trade
commercial paper.
down market. See bear market.
financial market. A market tor the exchange ofcapital
and debt instruments. See capital market; money
market.
foreign-exchange market. A market where various cur
rencies are traded internationally . Foreign-exchange
markets take the form of spot, futures, and options
markets. Also termed currency market. Seefutures
market; spot market.
forward market. See futures market.
free market. See open market.
Friday market. The normal tendency for stock-prices
to decline on Fridays . The tendency occurs because
many investors balance their accounts before the
weekend to avoid any adverse changes in market
prices over the weekend.
futures market. A commodity exchange in which
futures contracts are traded; a market for a trade (e.g.,
commodities futures contracts and stock options) that
is negotiated at the current price but calls for delivery
at a future time. -Also termed forward market. See
FUTURES CONTRACT. [Cases: Commodity Futures
Trading Regulation
geographic market. Antitrust. The part of a relevant
market that identifies the regions in which a firm
might compete. -If a firm can raise prices or cut
production without causing a quick influx of supply
to the area from outside sources, that firm is operat
ing in a distinct geographic market. [Cases: Antitrust
and Trade Regulation (;:::>558.]
"For purposes of [the Sherman Act], the relevant geo
graphic market comprises the area in which the defendant
effectively competes with other individuals or businesses for distribution of the relevant product. Stated differently,
the relevant geographic market consists of the area from
which the sellers of a particular product derive their cus
tomers, and the area within which the purchasers of the
product can practically seek the product." 54 Am. Jur. 2d
Monopolies, Restraints ofTrade, and Unfair Trade Practices
 57, at 119-20 (1996).
gray market. A market in which the seller uses legal but
sometimes unethical methods to avoid a manufac
turer's distribution chain and thereby sell goods (esp.
imported goods) at prices lower than those envisioned
by the manufacturer. See PARALLEL IMPORTS.
"One of the most controversial areas of customs law
concerns 'gray market goods,' goods produced abroad
with authorization and payment but which are imported
into unauthorized markets. Trade in gray market goods
has increased dramatically in recent years, in part because
fluctuating currency exchange rates create opportunities
to import and sell such goods at a discount rate from local
price levels." Ralph H. Folsom & Michael W. Gordon, Inter
national Business Transactions  20.8 (1995).
institutional market. The demand among large inves
tors and corporations for short-term funds and com
mercial paper.
market overt. An open, legally regulated public market
where buyers, with some exceptions, acquire good
title to products regardless of any defects in the seller's
title. Cf. FAIR. [Cases: Sales C=~234(2).l
money market. 1he financial market for dealing in
short-term negotiable instruments such as commer
cial paper, certificates of deposit, banker's accep
tances, and U.S. Treasury securities. See financial
market.
negotiated market. A market (such as an over-the
counter securities market) in which buyers and sellers
seek each other out and negotiate prices. Cf. auction
market.
open market. A market in which any buyer or seller
may trade and in which prices and product avail
ability are determined by free competition. Also
termedfree market.
original market. See primary market.
over-the-counter market. See OVER-THE-COUNTER
MARKET.
paper market. See derivative market.
primary market. The market for goods or services that
are newly available for buying and selling; esp. the
securities market in which new securities are issued
by corporations to raise capital. -Also termed
original market.
product market. Antitrust. The part of a relevant
market that applies to a firm's particular product by
identifying all reasonable substitutes for the product
and by determining whether these substitutes limit
the firm's ability to affect prices. [Cases: Antitrust and
Trade Regulation ~557.]
"For purposes of an antitrust claim under ... the Sherman
Act, the relevant product market includes those services
or commodities which are reasonably interchangeable by
consumers for the same purposes. In order to establish

1057
the relevant product market, therefore, a plaintiff must
sufficiently identify what types of products are reasonably
interchangeable substitutes for the defendant's product
within the appropriate area of competition." 54 Am. Jur. 2d
Monopolies, Restraints ofTrade, and Unfair Trade Practices
 58, at 121 (1996).
public market. A market open to both buyers and
sellers.
receding market. See bear market.
recognized market. A market where the items bought
and sold are numerous and similar, where competitive
bidding and bartering are not prevalent, and where
prices paid in sales of comparable items are publicly
quoted. Examples of recognized markets include
stock and commodities exchanges. Under the UCC,
a secured creditor may, upon the debtor's default, sell
the collateral in a recognized market without notify
ing the debtor. Such a sale is presumed to be com
mercially reasonable.
relevant market. Antitrust. A market that is capable
of being monopolized -that is, a market in which
a firm can raise prices above the competitive level
without losing so many sales that the price increase
would be unprofitable . The relevant market includes
both the product market and the geographic market.
[Cases: Antitrust and Trade Regulation (:::::>556.]
secondary market. The market for goods or services
that have preViously been available for buying and
selling; esp. the securities market in which previously
issued securities are traded among investors. -Also
termed aftermarket.
seller's market. A market in which demand exceeds (or
approaches) supply, resulting in raised prices.
soft market. A market (esp. a stock market) character
ized by falling or drifting prices and low volume.
spot market. A market (esp. in commodities) in which
payment or delivery is immediate <the spot market
in oib.
strong market. See bull market.
thin market. A market in which the number ofbids or
offerings is relatively low.
marketability. (1877) Salability; the probability ofselling
property, goods, securities, or services at specified
times, prices, and terms. [Cases: Sales (:::::>272; Vendor
and Purchaser G-:::.> 130(.5).]
marketability test. Mining law. The principle that, for
someone to obtain a patent on a mining claim on federal
land, there must be a shOWing that a reasonably prudent
person could extract and market the claimed mineral
at a profit, and that at the time of discovery, a large
enough market for the mineral existed to attract the
efforts of a reasonably prudent person. [Cases: Mines
and Minerals (:::::>39.]
marketable, adj. (I6c) Of commercially acceptable
quality; fit for sale and in demand by buyers. -Also
termed merchantable. [Cases: Sales (:::::>272.] market-maker
marketable-product rule. Oil & gas. For royalty-calcu
lation purposes, the doctrine that "production" occurs
when oil or gas is pumped up, stored, and made market
able through processing . Until producing a market
able product, the lessee bears all costs ofcapturing and
handling oil and gas. Cf. CAPTURE-AND-HOLD RULE.
marketable security. See SECURITY.
marketable title. See TITLE (2).
marketable-title act. (1957) A state statute providing that
a person can establish good title to land by searching
the public records only back to a specified time (such as
40 years). See marketable title under TInE (2). [Cases:
Limitation ofActions (:::::> 19(1); Vendor and Purchaser
(:::::>231 (1).]
market activity. See MARKET VOLUME.
market approa,h. (1958) A method of appraising real
property, by surveying the market and comparing the
property to similar pieces of property that have been
recently sold, and making appropriate adjustments for
differences between the properties, including location,
size of the property, and the dates of sale. -Also
termed comparative-sales approach; market-compari
son approach; market-data approach; market-compara
bles analysis; comparable-sales approach; comparables
analysis. Cf. COST APPROACH; INCOME APPROACH.
market average. A price level for a specific group of
stocks.
market-comparables analysis. See MARKET APPROACH.
market-comparison approa,h. See MARKET APPROACH.
market ,orrection. See DOWN REVERSAL.
market-data approach. See MARKET APPROACH.
market equity. The percentage ofthe total market value
that a particular company's securities account for, rep
resented by each class ofsecurity. Cf. BOOK EQUITY.
marketing, n. (16c) 1. The act or process of promoting
and selling, leaSing, or licensing products or services.
2. The part of a business concerned with meeting cus
tomers' needs. 3. The area ofstudy concerned with the
promotion and selling ofproducts or services.
marketing contract. See CONTRACT.
marketing covenant. Oil & gas. In a mineral lease, the
implied promise that the lessee will market the produc
tion from the lease within a reasonable time and at a
reasonable price. See REASONABLY-PRUDENT-OPERATOR
STANDARD. [Cases: Mines and Minerals (;=:>78.1(8).]
marketing defect. See DEFECT.
market intermediary. Securities. A person whose
business is to enter into transactions on both sides
of the market. Investment Company Act, 15 USCA
 80a-3(c)(2)(B)(i).
market-maker. Securities. One who helps establish a
market for securities by reporting bid-and-asked quo
tations. A market-maker is typically a specialist per
mitted to act as a dealer, a dealer acting in the capacity
of block positioner, or a dealer who, with respect to a

market-making 1058
security, routinely enters quotations in an interdealer
communication system or otherwise and is willing to
buy and sell securities for the dealer's own account.
[Cases: Securities Regulation C:=>53.17(3).]
market-making, n. The practice of establishing prices for
over


Regulation C:=>53.17(3).]
market-making, n. The practice of establishing prices for
over-the-counter securities by reporting bid-and-asked
quotations. A broker-dealer engaged in this practice,
which is regulated by both the NASD and the SEC, buys
and sells securities as a principal for its own account,
and thus accepts two-way bids (both to buy and to sell).
See BID AND ASKED. [Cases: Securities Regulation ~'--::J
53.17(3).]
market manipulation. See MANIPULATION.
market order. See ORDER (8).
market-out clause. Oil &gas. A contract provision per
mitting a pipeline-purchaser of natural gas to lower
the purchase price if market conditions make it uneco
nomical to continue buying at the contract price, and
permitting the well owner to respond by accepting the
lower price or by rejecting it and canceling the contract.
 Market-out clauses often refer to competing fuels
such as fuel oil. -Also termed economic-out clause.
[Cases: Gas C:=> 13(I).J
market overt. See MARKET.
market-participant doctrine. (1983) The principle that,
under the Commerce Clause, a state does not discrimi
nate against interstate commerce by acting as a buyer or
seller in the market, by operating a proprietary enter
prise, or by subsidizing private business . Under the
Dormant Commerce Clause principle, the Commerce
Clause -art.!,  8, cl. 3 of the U.S. Constitution
disallows most state regulation of, or discrimination
against, interstate commerce. But if the state is par
ticipating in the market instead of regulating it, the
Dormant Commerce Clause analysiS does not apply,
and the state activity will generally stand. See Dormant
Commerce Clause under COMMERCE CLAUSE. [Cases:
Commerce
marketplace ofideas. (1949) A forum in which expres
sions of opinion can freely compete for acceptance
without governmental restraint.  Although Justice
Oliver Wendell Holmes was the first jurist to discuss
the concept as a metaphor for explaining freedom
of speech, the phrase marketplace of ideas dates in
American caselaw only from 1954.
market portfolio. See PORTFOLIO.
market power. (1915) The ability to reduce output and
raise prices above the competitive level-spedf., above
marginal cost -for a sustained period, and to make
a profit by doing so . In antitrust law, a large amount
of market power may constitute monopoly power. See
MONOPOLIZATION. Cf. MARKET SHARE.
"In economic terms, market power is the ability to raise
prices without a total loss of sales; without market power,
consumers shop around to find a rival offering a better
deal." 54 Am. Jur. 2d Monopolies. Restraints of Trade, and
Unfair Trade Practices  49, at 110 n.87 (1996).
market price. See PRICE. market quotation. See QUOTATION.
market-recovery program. See JOB-TARGETING PRO
GRAM.
market share. (1954) The percentage of the market
for a product that a firm supplies, usu. calculated by
dividing the firm's output by the total market output.
 In antitrust law, market share is used to measure a
firm's market power, and ifthe share is high enough
generally 70% or more then the firm may be guilty
ofmonopolization. See MONOPOLIZATION. Cf. MARKET
POWER. [Cases: Antitrust and Trade Regulation C='
553.]
market-share liability. See LIABILITY.
market-share theory. Antitrust.!' A method of deter
mining damages for lost profits by calculati the
impact of the defendant's violation on the
tiff's output or market share. Cf. BEFORE-AND-AFTER
THEORY; YARDSTICK THEORY. [Cases: Antitrust and
Trade Regulation C:=>S53.J 2. Patents. A theory of
lost-profits remedy offered when the patentee and the
infringer share the market with a noninfringing com
petitor. Using this method, the court assumes that the
percentage ofthe market that the patentee holds is the
same as the percentage of the infringer's market that
the patentee would have captured but for the infringe
ment.
market stand-off agreement. Securities. A provision
in a stock-purchase contract in which the stockholder
promises not to sell or otherwise transfer any securities
during a specified period after the corporation makes a
public stock offering. Cf. LOCKUP AGREEMENT.
market structure. The broad organizational characteris
tics ofa particular market, including seller concentra
tion, product differentiation, and barriers to entry.
market trend. See TREND.
market value. See fair market value under VALUE (2).
market value at the well. Oil & gas. The value of oil or
gas at the place where it is sold, minus the reasonable
cost oftransporting it and processing it to make it mar
ketable.
market volume. 1. The total number of shares traded on
one day on a stock exchange. 2. lhe total number of
shares of one stock traded on one dav. -Also termed
market activity. '
Mark Hopkins doctrine. The principle that when an
employee leaves a job because of a labor dispute, any
later employment the employee has must be bona fide
and intended as permanent for the employee to avoid
a labor-dispute disqualification from unemployment
benefits if the employee leaves the later job. Mark
Hopkins, Inc. v. Employment Comm'n, 151 P.2d 229
(Cal. 1944). [Cases: Unemployment Compensation
C:=>172.]
marking estoppel. See ESTOPPEL.
Markman hearing. (1996) Patents. A hearing at which
the court receives evidence and argument concern
ing the construction to be given to terms in a patent

1059
claim at issue. Markman v. Westview Instruments, Inc.,
52 F.3d 967, 984-85 (Fed. Cir. 1995) (en bane), aff'd,
517 U.S. 370, 116 S.Ct.1384 (1996). _ In the namesake
decision, the Federal Circuit Court ofAppeals held that
the construction of patent claims and therefore the
scope ofthe patentee's rights is a question oflaw. In
a Markman hearing, the court interprets the claims
before the question ofinfringement is submitted to the
fact-finder. [Cases: Patents C=314.)
markmoot (mahrk-moot), n. Rist. An early English or
Scottish court that held hearings on a territorial border
(Le., a march or mark) between counties, hundreds, or
countries. Also spelled markmote.
markon. An amount (usu. expressed as a percentage) ini
tially added to a product's cost to obtain the list price.
-Further increases or decreases in price are called
markups or markdowns, respectively.
marksman. 1. A person who signs documents with some
kind of character or symbol instead of writing his or
her name. [Cases: Signatures 2. A highly skilled
shooter.
Marks rule. The doctrine that, when the U.S. Supreme
Court issues a fractured, plurality opinion, the opinion
ofthe justices concurring in the judgment on the nar
rowest grounds -that is, the legal standard with which
a majority of the Court would agree -is considered the
Court's holding. Marks v. United States, 430 U.S. 188,
97 S.Ct. 990 (1977). [Cases: Courts (:::>90(2).]
mark-to-market accounting method. See fair-value
accounting method under ACCOL'NTING METHOD.
mark up, vb. (1868) 1. To increase (the price of goods,
etc.) 2. To revise or amend (a legislative bill, a rule, etc.).
3. To place (a case) on the trial calendar.
markup, n. (1916) 1. An amount added to an item's cost
to determine its selling price. See PROFIT MARGIN. 2.
A session of a congressional committee during which
a bill is revised and put into final form before it is
reported to the appropriate house. [Cases: United States
C'.::>23 (3).]
Markush claim. See PATENT CLAIM.
Markush doctrine (mahr-bsh). Patents. An exception
to the policy against the use of alternative language in
claims, by which in certain claims (esp. those involv
ing chemical components) a claimant can use an alter
native, subgeneric phrase when there is no applicable,
commonly accepted generic expression. -Character
ized by a phrase such as "selected from the group con
Sisting of," the claim includes a group of substances
anyone ofwhich could serve the same function in the
process. The term Markush comes from Dr. Eugene A.
Markush, who was granted a dye-preparation patent in
1923. Ex parte Markush, 1925 Dec. Comm'r Pat. 126.
See MARKL'SH GROUP. [Cases: Patents 101(7).]
"The Patent Office early adopted a policy against use of
alternative language in claims. Thus, a claimant could
not use the specific alternative phrase 'glass or plastic'
but could use a generic phrase (such as 'impervious
transparent material') that would cover effectively the
desired alternatives. The Markush doctrine developed as marriage
an exception .... With chemical compounds there may be
no SUitable phrase to cover the alternatives. Under limited
circumstances a claimant could use an artificial or coined
subgeneric group in the form of 'material selected from
the group consisting of X, Y, and Z.'" 2 Donald S. Chisum,
Patents  8.06[2], at 8-119 to 8-120 (1992).
Markush group. Patents. A limited form of generic claim
that recites an element, states the element is a member
of a group, and names the other group members, any
of which could substitute for the first recited element.
_ All Markush group members must have at least one
common property that is mainly responsible for their
function in the claimed relationship. Although each
material in the group is different, each must be able
to serve the same function. See MARKUSH DOCTRINE.
[Cases: Patents (;:::> 101(7).)
marque (mahrk). Archaic. Reprisal. See LETTERS OF
MARQUE.
marque, law of. Archaic. A reprisal entitling one who
has been wronged and is unable to receive ordinary
justice to take the goods ofthe wrongdoer (if they can
be found within one's own precinct) in satisfaction for
the wrong. See LETTERS OF MARQUE.
marquis (mahr-kwis or mahr-kee). (14c) An English
nobleman below and next in order to a duke. -Also
termed marquess.
marquisate (mahr-kwi-sit or -zit), n. [Law Latin] Rist.
The seigniory ofa marquis.
marriage, n. (Bc) 1. The legal union of a couple as
spouses. -The essentials of a valid marriage are (1)
parties legally capable of contracting to marry, (2)
mutual consent or agreement, and (3) an actual con
tracting in the form prescribed by law. Marriage has
important consequences in many areas ofthe law, such
as torts, criminal law, evidence, debtor-creditor rela
tions, property, and contracts. Also termed matri
mony; conjugal union. [Cases: Marriage (;:::> 1.12.]
"It has frequently been said by courts, and even by Legis
latures, that marriage is a 'civil contract.' But to conclude
from these statements that marriage ... has all, or even
many, of the inCidents of an ordinary private contract,
would be a grave error. In fact, these statements to the
effect that marriage is a 'civil contract' will be found, upon
examination, to have been used only for the purpose of
expressing the idea that marriage, in the American states,
is a civil, and not a religious institution, or that .. , in
some states mutual consent alone without formal celebra
tion is sufficient to constitute a valid marriage known as a
common law marriage, or that, as is true in all states, the
mutual consent of the parties is essential, even in the case
of a ceremonial marriage." Joseph W. Madden, Handbook
of the Law ofPersons and Domestic Relations  1-3, at 2-3
(1931).
attempted marriage. See void marriage.
clandestine marriage (klan-des-tin). l. A marriage
that rests merely on the agreement of the parties.
2. A marriage entered into in a secret way, as one
solemnized by an unauthorized person or without
all required formalities. See Fleet marriage. [Cases:
Marriage (;:::>20(1).]

1060 marriage
common-law marriage. (17c) A marriage that takes
legal effect, without license or ceremony, when two
people capable of marrying live together as husband
and wife, intend to be married, and hold themselves
out to others as a married couple. -The common-law
marriage traces its roots to the English ecclesiastical
courts, which until 1753 recognized a kind ofin formal
marriage known as sponsalia per verba de praesenti,
which was entered into without ceremony. Today a
common-law marriage, which is the full equivalent
of a ceremonial marriage, is authorized in 11 states
and in the District of Columbia. If a common-law
marriage is established in a state that recognizes such
marriages, other states, even those that do not autho
rize common-law marriage, must give full faith and
credit to the marriage. A common-law marriage can
be dissolved only by annulment, divorce, or death.
Also termed consensual marriage; informal marriage.
See common-law husband under HUSBAND; common
law wife under WIFE. See PER VERBA DE FUTURO CUM
COPULA; SPONSALIA PER VERBA DE PRAESENTI. [Cases:
Marriage ~13, 22.]
confidential marriage. In some jurisdictions (such as
California), a marriage between a man and a woman
in which only the two parties and the officiant are
present at the ceremony. -


ifornia), a marriage between a man and a woman
in which only the two parties and the officiant are
present at the ceremony. -Confidential marriages
are neither witnessed nor recorded in public records.
They are recorded in nonpublic records. Although
rarely performed, they are generally legal. To obtain
a confidential marriage, the parties must each be at
least 18, must be of the opposite sex, and usu. must
have lived together for an extended period. In eccle
siasticallaw, such a marriage is termed an occult
marriage or, if performed in the strictest secrecy, a
marriage ofconscience.
"A few states provide for confidential marriages. This
allows parties to go through all the formalities but have the
records ofthe marriage, including the license, remain con
fidential. ... A key practical effect of confidential marriage
is to allow parties who have been living as husband and
wife in ajurisdiction that does not recognize informal mar
riages to achieve marital status without publicity. However,
it does not relate back to the time when the parties started
holding themselves out as a married couple and thus it can
have consequences in determining the extent of marital
or community property or various other rights." Walter
Wadlington & Raymond C. O'Brien, Family Law in Perspec
tlve 26 (2001).
consensual marriage. Marriage by consent alone,
without any formal process. See common-law
marriage. [Cases: Marriage ~~,18.]
consular marriage. A marriage solemnized in a foreign
country by a consular diplomatic official of the United
States. -Consular marriages are recognized in some
jurisdictions. [Cases: Marriage ~27.1
covenant marriage. (1990) A special type ofmarriage
in which the parties agree to more stringent require
ments for marriage and divorce than are otherwise
imposed by state law for ordinary marriages. -In the
late 1990s, several states (beginning with Louisiana:
see Acts 1997, No. 1380,  5) passed laws providing for covenant marriages. The requirements vary, but most
of these laws require couples who opt for covenant
marriage to undergo premarital counseling. A divorce
will be granted only after the couple has undergone
marital counseling and has been separated for a speci
fied period (usu. at least 18 months). The divorce pre
requisites typically can be waived with proof that a
spouse has committed adultery, been convicted of a
felony, abandoned the family for at least one year, or
physically or sexually abused the other spouse or a
child. Also termed (in slang) high-test marriage.
cross-marriage. A marriage by a brother and sister to
two people who are also brother and sister.
dead marriage. A marriage whose substance has dis
integrated; a marriage that has irretrievably broken
down. [Cases: Divorce~12.]
de facto marriage (di fak-toh). A marriage that, despite
the parties' living as husband and wife, is defective for
some reason. [Cases: Marriage
defunct marriage. A marriage in which both parties,
by their conduct, indicate their intent to no longer be
married. [Cases: Divorce C=12.]
Fleet marriage. Hist. 1. A clandestine ceremonial
marriage performed in the 17th or 18th century in
the Fleet prison in London by a chaplain who had
been imprisoned for debt. 2. A clandestine ceremo
nial marriage performed by an unscrupulous itiner
ant clergymen in the area in London near the Fleet
Prison. -Parliament attempted to stop the practice,
but it was not until the statute of26 George 2, ch. 33,
declaring marriages performed outside public chapels
or churches to be void and punishable as a felony, that
the practice ceased.
fraudulent marriage. A marriage based on a misrep
resentation regarding some issue of fundamental
importance to the innocent party, who relies on the
misrepresentation in the decision to marry. _ The
misrepresentation must concern something of fun
damental importance to a marriage, such as religious
beliefs, the ability to have sexual relations, or the
ability or desire to have children. Cf. sham marriage.
[Cases: Divorce
green-card marriage. Slang. A sham marriage in which
a U.S. citizen marries a foreign citizen for the sale
purpose of allowing the foreign citizen to become
a permanent U.S. resident. -The Marriage Fraud
Amendments were enacted to regulate marriages
entered into for the purpose of circumventing U.S.
immigration laws. 8 USCA  1154 (h), 1255(e). See
sham marriage.
Gretna-Green marriage. A marriage entered into in
a jurisdiction other than where the parties reside to
avoid some legal impediment that exists where they
live; a runaway marriage. -Gretna Green, a Scottish
village close to the English border, served as a conve
nient place for eloping English couples to wed since
in Scots law parties over 16 did not need parental
consent.

1061
"A 'Gretna-Green marriage' was a marriage solemnized in
Scotland by parties who went there to avoid the delay and
formalities required in England .... In the United States,
the term describes marriages celebrated between residents
of a State who go to a place beyond and yet near to the
boundary line of an adjoining State, on account of some
advantage afforded by the law of that State." William C.
Anderson, A Dictionary of Law 496 (1889).
handfast marriage. 1. Hist. A marriage, often lacking
only solemnization by clergy, characterized by the
couple's joining of hands to conclude a marriage
contract. 2. Hist. A betrothal with all the binding
effects of a marriage, including conjugal rights and
cohabitation, followed by a later formal ceremony. 3.
A trial or probationary marriage wherein the couple
agrees to cohabit and behave as spouses for a definite
period, usu. one year, at the end of which they will
mutually decide to separate or go through a perma
nently binding marriage. -The legal status of such a
marriage is unsettled, as many such trial marriages
are initiated with a ritual ceremony including an
exchange of vows before a presiding officer legally
empowered to perform marriages, yet the couple
intends to remain free to end the relationship without
legal proceedings. Cf. marriage in jest; common-law
marriage. 4. A binding form of marriage practiced by
some modern pagan religions. -Unlike in sense 3,
such marriages are entered into with the expectation
of permanent duration. -Also termed (in senses 3
and 4) hand fasting.
high-test marriage. See covenant marriage.
homosexual marriage. See same-sex marriage.
informal marriage. See common-law marriage.
in-marriage. Marriage between relatives; in-breeding.
left-handed marriage. See morganatic marriage.
limited-purpose marriage. A marriage in which the
parties agree to be married only for certain reasons.
An example is a marriage in which the parties agree to
marry so that a child will not be born illegitimate but
agree not to live together or to have any duties toward
each other. Courts have usu. found these marriages to
be binding for all purposes. Cf. sham marriage: green
card-marriage.
marriage by habit and repute. Scots law. An irregu
lar marriage created by cohabitation that implies
a mutual agreement to be married. This type of
marriage is still recognized in Scotland. See Scotch
marriage. [Cases: Marriage (;::;)22.]
marriage in jest. A voidable marriage in which the
parties lack the reqUisite intent to marry.
marriage ofconscience. Eccles. law. See confidential
marriage.
marriage ofconvenience. (ISc) 1. A marriage entered
into for social or financial advantages rather than
out of mutual love. -Also termed rnariage de conv
enance. 2. Loosely, an ill-considered marriage that, at
the time, is convenient for the parties involved.
marriage ofthe left hand. See morganatic marriage. marriage
marriage per verba de futuro subsequente copula.
Scots law. Hist. An irregular marriage created by a
promise to marry in the future followed by an act
of sexual intercourse. -Originally medieval canon
law, this type of marriage was recognized in Scotland
until 1940. See Scotch marriage. [Cases: Marriage<~:~"'")
20(2).]
marriage per verba de praesenti. Scots law. Hist. An
irregular marriage created at the time of a mutual
agreement to be married. Originally medieval
canon law, this type of marriage was recognized in
Scotland until 1940. See Scotch marriage. [Cases:
Marriage C;::20(2).]
mixed marriage. See MISCEGENATION.
morganatic marriage (mor-ga-nat-ik). Hist. A marriage
between a man of superior status to a woman of
inferior status, with the stipulation that the wife and
her children have no claims to the husband's title or
posseSSions. _ By extension, the term later referred to
the marriage of a woman of superior status to a man
of inferior status. The concept is now limited to royal
marriages. -Also termed left-handed marriage;
marriage ofthe left hand; salie marriage.
occult marriage. Eccles. law. See confidential
marriage.
plural marriage. (1862) A marriage in which one
spouse is already married to someone else; a bigamous
or polygamous union; POLYGAMY. [Cases: Bigamy ~
1; Marriage ~-;)11.]
putative marriage (pyoo-ta-tiv). A marriage in which
either the husband or the wife believes in good faith
that the two are married, but for some technical
reason they are not formally married (as when the
ceremonial official was not authorized to perform a
marriage). - A putative marriage is typically treated
as valid to protect the innocent spouse. The concept
of a putative marriage was adopted from the Napo
leonic Code in those states haVing a civil-law tradi
tion, such as California, Louisiana, and Texas. This
type of marriage is also recognized in the Uniform
Marriage and Divorce Act. The legal rule by which
putative marriages exist is sometimes referred to as
the putative-spouse doctrine. Also termed putative
matrimony. [Cases: Marriage (;::::;> 54(1).]
salk marriage. See morganatic marriage.
same-sex marriage. The ceremonial union of two
people of the same sex; a marriage or marriage-like
relationship between two women or two men . The
United States government and most American states
do not recognize same-sex marriages, even iflegally
contracted in other countries such as Canada, so
couples usu. do not acquire the legal status of spouses.
But in some states same-sex couples have success
fully challenged the laws against same-sex marriage
on constitutional grounds. See Goodridge v. Dept. of
Pub. Health, 798 N.E.2d 941 (Mass. 2003). Cf, Baehr
v. Lewin, 852 P.2d 44 (Haw. 1993); Baehr v. Miike, 994
P.2d 566 (Haw. 1999); Baker v. State, 744 A.2d 864

1062 marriage article
(Vt. 1999). -Also termed gay marriage; homosexual
marriage. Cf. CIVIL COMMITMENT (2); CIVIL UNION;
DOMESTIC PARTNERSHIP.
Scotch marriage. Scots law. A marriage by consensual
contract, without the necessity ofa formal ceremony.
 Until 1940, Scots law retained the medieval canon
law forms of marriage per verba de praesenti and per
verba de futuro subsequente copula. These promises
constituted irregular but valid marriages. Scots law
still retains the irregular marriage by cohabitation
with habit and repute. No ceremony needs to be
proved but, after the death ofone spouse, the surviv
ing spouse or any child can obtain a court's confir
mation that a marriage existed, based on the general
belief of neighbors, friends, and family. [Cases:
Marriage C=>20(1).]
sham marriage. (18c) A purported marriage in which
all the formal requirements are met or seemingly met,
but in which the parties go through the ceremony
with no intent ofliving together as husband and wife.
Cf. green-card marriage;fraudulent marriage; limited
purpose marriage. [Cases: Aliens, Immigration, and
Citizenship C=>264, 428.]
valid marriage. See MARRIAGE (1).
voidable marriage. (1845) A marriage that is initially
invalid but that remains in effect unless terminated
by court order. For example, a marriage is voidable
ifeither party is underage or otherwise legally incom
petent, or ifone party used fraud, duress, or force to
induce the other party to enter the marriage. The legal
imperfection in such a marriage can be inquired into
only during the lives of both spouses, in a proceed
ing to obtain a judgment declaring it void. A voidable
marriage can be ratified once the impediment to a
legal marriage has been removed. [Cases: Marriage
C=>37, 54(1), 56.]
void marriage. (l7c) A marriage that is invalid from
its inception, that cannot be made valid, and that
can be terminated by either party without obtaining
a divorce or annulment. For example, a marriage
is void if the parties are too closely related or ifeither
party is already married. A void marriage does not
exist, has never existed, and needs no formal act to
be dissolved -although a judicial declaration may
be obtained. -Also termed attempted marriage.
See NULLITY OF MARRIAGE (1). [Cases: Marriage C=>
53-54.]
2. Roman law. A consensual agreement between a man
and a woman to be married. The consent of both
parties and of any paterfamilias was necessary. Other
requirements were the attainment of puberty and
legal capacity (conubium). If either or both withdrew
consent to be married, the marriage ended in divorce;
no specific grounds were necessary. In the Christian
empire, divorce without adequate grounds was penal
ized. 3. MARRIAGE CEREMONY. -marital, adj.
ceremonial marriage. (1876) A wedding that follows
all the statutory requirements and that has


, adj.
ceremonial marriage. (1876) A wedding that follows
all the statutory requirements and that has been solemnized before a religious or civil official. [Cases:
Marriage C=>23-32.]
civil marriage. (l7c) A wedding ceremony conducted
by an official, such as a judge, or by some other autho
rized person -as distinguished from one solemnized
by a member of the clergy. [Cases: Marriage C=>27.]
double-proxy marriage. A wedding in which both
parties to a marriage are absent but represented
by stand-ins. Only Montana allows this type of
marriage.
proxy marriage. (1924) A wedding in which someone
stands in for an absent bride or groom, as when one
party is stationed overseas in the military.  Proxy
marriages are prohibited in most states. [Cases:
Marriage C=>23.]
marriage article. (1831) A premarital stipulation between
spouses who intend to incorporate the stipulation in a
postnuptial agreement. [Cases: Husband and Wife C=>
29.]
marriage bonus. Tax. The difference between the reduced
income-tax liability owed by a married couple filing a
joint income-tax return and the greater amount they
would have owed had they been single and filed indi
vidually. -Also termed singles' penalty. Cf. MARRIAGE
PENALTY.
marriage broker. One who arranges a marriage in
exchange for consideration . A marriage broker may
be subject to criminal liability.
marriage-brokerage contract. An agreement under
which a person, acting for compensation, procures
someone for a marriage. Traditionally, these con
tracts have been void as being against public policy.
[Cases: Contracts C=> 111.]
marriage ceremony. (17c) The religious or civil proceed
ing that solemnizes a marriage. -Sometimes short
ened to marriage. -Also termed wedding.
marriage certificate. (1821) A document that is executed
by the religious or civil official presiding at a marriage
ceremony and filed with a public authority (usu. the
county clerk) as evidence of the marriage. -Also
termed certificate ofmarriage. Cf. MARRIAGE LICENSE.
[Cases: Marriage C=>31.]
marriage contract. See CONTRACT.
marriage license. (l7c) A document, issued by a public
authority, that grants a couple permission to marry. Cf.
MARRIAGE CERTIFICATE. [Cases: Marriage C=>25(2).]
marriage mill. A place that facilitates hasty, often
secret, marriages by requiring few or no legal formali
ties. Marriage-mill unions may be voidable but are
rarely void in the absence of absolute impediments to
marriage.
marriage-notice book. An English registry of marriage
applications and licenses.
marriage penalty. Tax. The difference between the
greater income-tax liability owed by a married couple
filing a joint income-tax return and the lesser amount

1063
they would owe had they been single and filed individu
ally. - A marriage penalty exists whenever a married
couple is treated disadvantageously under a tax code in
comparison with an unmarried couple. Cf. MARRIAGE
BONUS.
marriage portion. See DOWRY.
marriage promise. See PROMISE.
marriage records. Government or church records con
taining information on prospective couples (such as a
woman's maiden name and address) and on wedding
services performed. [Cases: Marriage C=-32.]
marriage settlement. 1. See MARITAL AGREEMENT. 2.
See PRENUPTIAL AGREEMENT.
married woman's separate estate in equity. Hist. At
common law, a trust that a rich family could set up for
a daughter so that she would not lose control ofher own
money and property to her husband. -The daughter
could escape the severe limits of coverture by having
her family establish a separate estate in equity, allowing
her the benefit ofincome that was not controlled by her
husband even if the husband was named as trustee.
See COVERTURE; MARRIED WOMEN'S PROPERTY ACTS.
[Cases: Husband and Wife C=> 110.J
married women's property acts. (sometimes cap.)
Statutes enacted to remove a married woman's legal
disabilities; esp. statutes that abolished the common
law prohibitions against a married woman's contract
ing, suing and being sued, or acquiring, holding, and
conveying property in her own right, free from any
restrictions by her husband. -In addition, these acts
abolished the spousal-unity doctrine. In actual usage,
the term almost always appears in the plural form (acts,
not act), except when referring to a particular statute.
Also termed married women's acts; married woman's
property acts; married woman's acts; emancipation
acts; married womens emancipation acts. See MERGER
DOCTRINE OF HUSBAND AND WIFE; LEGAL-UNITIES
DOCTRINE. [Cases: Husband and WifeC= 1l1.]
"The women's rights movement existed throughout the
nineteenth century. It succeeded in partially reducing the
legal disabilities of married women during the second
half of that century by bringing about the enactment in all
states of Married Women's Property Acts. The purpose of
these Acts was to place married women on an equal footing
with their husbands with respect to contracts, earnings, the
ownership of property and the right to sue or be sued, but
as they were construed by the courts they frequently failed
to accomplish the intended reforms." Homer H. Clark Jr. &
Ann laquer Estin, Domestic Relations,' Cases and Problems
8 (6th ed. 2000).
Marsden motion. A criminal defendant's request that
a court dismiss or replace a court-appointed attorney
on grounds that the attorney is not completely or ade
quately representing the defendant. People v.lvlarsden,
465 P.2d 44 (CaL 1970). [Cases: Criminal Law
1824.]
marshal, n. (13c) 1. A law-enforcement officer with duties
similar to those ofa sheriff. [Cases: Municipal Corpora
tions (::::> 183.] 2. A judicial officer who proVides court martial law
security, executes process, and performs other tasks for
the court. [Cases: Courts (::::>58.) marshalship, n.
United States Marshal. A federal official who carries
out the orders ofa federal court.  U.S. Marshals are
employees of the executive branch of government.
[Cases: United States Marshals (::::>29.)
marshal, vb. (I5c) L To arrange or rank in order <the
brief effectively marshaled the appellant's arguments>.
2. To arrange (assets, etc.) according to their liability
or availability for payment ofdebts. 3. To fix the order
of (creditors) according to their priority.
marshaling assets, rule of. See RULE OF MARSHALING
ASSETS.
marshaling doctrine. The principle that, when a senior
creditor has recourse to two or more funds to satisfy
its debt, and a junior creditor has recourse to only one
fund to satisfv its debt, the senior creditor must satisfy
its debt out or'the funds in which the junior creditor ha~
no interest. See RULE OF MARSHALING ASSETS. [Cases:
Debtor and Creditor 13.J
marshaling the evidence. (1892) 1. Arranging all of a
party's evidence in the order that it will be presented
at trial. [Cases: Federal Civil Procedure (;:::::2011; Trial
(::::>59(1).]2. The practice offormulating a jury charge
so that it arranges the evidence to give more credence
to a particular interpretation. [Cases: Federal Civil Pro
cedure (::::>2173.1; Trial C= 204,234(2).]
Marshal ofthe Queen's Bench. Hist. A custodial officer
of the Queen's Bench prison. -The position was abol
ished by the Queen's Prison Act of 1842 (St. 5 & 6 Vict,
i ch.22).'
Marshalsea (mahr-sh~l-see), n. [fro Law Latin marescal
lia) Hist. 1. The court or seat ofthe marshal ofthe royal
household. 2. A debtor's prison in London under the
jurisdiction ofthe Court ofMarshalsea. See COURT OF
MARSHALSEA.
mart. See MARKET (1).
marte suo decurrere (mahr-tee s[yJoo-oh d<:l-k<:lr-;}r-ee).
[Latin] Hist. To run its course by its own force. -In
the civil law, this term was applied to a suit that ran its
course without obstruction.
martial law (mahr-sh;}l). (1933) l. 1he law by which
during wartime the army, instead of civil author
ity, governs the country because ofa perceived need
for military security or public safety. -The military
assumes control purportedly until civil authority can be
restored. 2. A body offirm, strictly enforced rules that
are imposed because of a perception by the country's
rulers that civil government has failed, or might fail, to
function. _ Martial law is usu. imposed when the rulers
foresee an invasion, insurrection, economic collapse,
or other breakdown of the rulers' desired social order.
[Cases: War and National Emergency (::::>31.)
"Martial law is the public law of necessity. Necessity
calls it forth, necessity justifies its exercise, and neces
sity measures the extent and degree to which it may be
employed. That necessity is no formal, artificial, legalistiC
concept but an actual and factual one: it is the necessity of

1064 Martindale-Hubbell Law Directory
taking action to safeguard the state against insurrection,
riot, disorder, or public calamity. What constitutes neces
sity is a question of fact in each case." Frederick B. Wiener,
A Practical Manilal ofMartial Law 16 (1940).
"[Mlartial law is nothing more and nothing less than an
application of the common law doctrine that force, to
whatever degree necessary, may be used to repress illegal
force. Martial law is the public right of self-defense against
a danger threatening the order or the existence of the state.
Where the ordinary civil authorities -the police -are
unable to resist or subdue a disturbance, additional force,
military in nature, may be applied. The extent of military
force used depends in each instance upon the extent of
the disturbance." 'd. at 16-17.
absolute martial law. The carrying on ofgovernment
functions entirely by military agencies, as a result of
which the authority of civil agencies is superseded.
[Cases: War and National Emergency C='31.1
qualified martial law. The carrying on ofgovernment
functions partly by military agencies, as a result of
which the authority of some civil agencies is super
seded. [Cases: War and National Emergency (;::::3l.]
3. The law by which the army in wartime governs
foreign territory that it occupies. 4. Loosely, MILITARY
LAW.
Martindale-Hubbell Law Directory. A series of books,
published annually, containing a roster and ratings
of lawyers and law firms in most cities of the United
States, corporate legal departments, government
lawyers, foreign lawyers, and lawyer-support providers,
as well as a digest of the laws of the states, the District
ofColumbia, and territories ofthe United States, and a
digest of the laws of many foreign jurisdictions, includ
ing Canada and its provinces.
Martinez report. A report that a court may require a pro
se party to file in order to clarify a vague or incompre
hensible complaint. Martinez v. Aaron, 570 F.2d 317
(10th Cir. 1978)_ [Cases: Federal Civil Procedure
2538,
Martinmas. See quarter day under DAY.
Mary Carter agreement. (1972) A contract (usu. a secret
one) by which one or more, but not all, codefendants
settle with the plaintiff and obtain a release, along with
a provision granting them a portion of any recovery
from the nonparticipating codefendants . In a Mary
Carter agreement, the participating codefendants agree
to remain parties to the lawsuit and, if no recovery is
awarded against the nonparticipating codefendants,
to pay the plaintiff a settled amount. Such an agree
ment is void as against public policy in some states but
is valid in others ifdisclosed to the jury. Booth v. Mary
Carter Paint Co., 202 So. 2d 8 (Fla. Dist. Ct. App. 1967).
Cf. GALLAGHER AGREEMENT. [Cases: Compromise and
Settlement
Mary Major. See JANE DOE.
masking, n. In critical legal studies, the act or an instance
of concealing something's true nature <being a crit,
Max contends that the legal system is merely an elabo
rate masking ofsocial injustices>. -mask, vb. mask work. Copyright. A three-dimensional pattern of
metallic insulation or semiconducting material present
or removed from the layers ofa computer chip . Mark
works are protected under the Semiconductor Chip
Protection Act of 1984. 17 USCA  902 et seq. [Cases:
Copyrights and Intellectual Property (;:::: lOA.]
massa (mas-a), n. [Latin] A mass or lump of metal, esp.
ofgold and silver before it is made into a cup or other
useful or ornamental object.
Massachusetts ballot. See BALLOT (4).
Massachusetts trust. See business trust under TRUST
(4).
mass-action theory. The principle that, as long as a labor
union is functioning, it is vicariously liable for the joint
acts ofits members.
mass-appraisal method. A technique for valUing large
areas ofland by studying market data to determine
the price that similar property would sell for, without
engaging in a parcel-by-parcel analysis. [Cases:
Taxation C=2514.]
mass asset. See ASSET.
Massiah rule. (1966) The principle that an attempt
to elicit incriminating statements


See ASSET.
Massiah rule. (1966) The principle that an attempt
to elicit incriminating statements (usu. not during
a formal interrogation) from a suspect whose right
to counsel has attached but who has not waived that
right violates the Sixth Amendment. Massiah v. United
States, 377 U.S. 201, 84 S.Ct. 1199 (1964). See DELIBER
ATE ELICITATION. [Cases: Criminal Law (;::::412.2(4).]
mass layoff. See LAYOFF.
mass meeting. See MEETING.
mass murder. See MURDER.
mass tort. See TORT.
mast. 1. Military law. A Navy disciplinary proceeding
at which the commanding officer of a unit considers
minor offenses charged against enlisted personneL
 The charges may be dismissed, the accused person
may receive a punishment prescribed by military law,
or the matter may be referred to a court-martial. The
proceeding is not officially a trial, and no conviction or
acquittal results. Traditionally, when a ship's captain
diSciplines crew members at sea, the hearing is held and
the diScipline announced (and sometimes carried out)
at the ship's mainmast or at the mast. Depending on
the rank of the presiding officer, it may be also termed
a captain's mast, admiral's mast, or (for an admiral)
flag mast. [Cases: Armed Services (;::::39.]2. On board
a ship, the usual place of assembly for a court hearing,
public sale, etc.  On sailing ships, the place is the
mainmast. On all other vessels, the captain designates
a place as the "mast." Cf. (in sense 2) MAST SELLING.
mast, atthe. See MAST (1).
master, n. (bef. 12c) 1. One who has personal author
ity over another's services; specif., a principal who
employs another to perform one or more services and
who controls or has the right to control the physical
conduct of the other in the performance ofthe services;

1065
EMPLOYER <the law of master and servant>. [Cases:
Labor and Employment
"[AJ master is a species of principal, All masters are princi
pals, but all principals are not necessarily masters. A prin
cipal becomes a master only if his control of the agent's
physical conduct is sufficient." William A. Gregory, The Law
ofAgency and Partnership 5 (3d ed. 2001).
2. A parajudicial officer (such as a referee, an auditor, an
examiner, or an assessor) specially appointed to help a
court with its proceedings . A master may take testi
mony, hear and rule on discovery disputes, enter tem
porary orders, and handle other pretrial matters, as well
as computing interest, valuing annuities, investigating
encumbrances on land titles, and the like usu. with
a written report to the court. Fed. R. Civ. P. 53. Also
termed speCial master. [Cases: Federal Civil Procedure
Cr~1871-1908; Reference
special master. (1833) A master appointed to assist the
court with a particular matter or case. [Cases: Federal
Civil Procedure C= 1871-1908; Reference C=>47.]
standing master. (1848) A master appOinted to assist
the court on an ongOing basis. ]
master agreement. Labor law. An agreement between a
union and industry leaders, the terms of which serve
as a model for agreements between the union and indi
vidual companies within the industry.
master and servant. (16c) The relation between two
persons, one of whom (the master) has authority over
the other (the servant), with the power to direct the
time, manner, and place of the services . This rela
tionship is similar to that of principal and agent, but
that terminology applies to employments in which
the employee has some discretion, while the servant
is almost completely under the control of the master.
Also, an agent usu. acts for the principal in business
relations with third parties, while a servant does not.
See master-servant relationship under RELATIONSHIP.
[Cases: Labor and EmploymentC=23.]
Master at Common Law. An officer of an English
superior court of common law, appointed to record
court proceedings, supervise the issuance ofwrits, and
receive and account for fees paid into the court.
Master-General of the Ordnance. See MASTER OF THE
ORDNANCE.
master in chancery. 1. An officer appointed by a court
of equity to assist the court. 2. English law. (usu. cap.)
A senior official or clerk of a court of chancery who
assists the Chancellor in various duties such as inquir
ing into matters referred by the court, examining cases,
taking oaths and affidavits, hearing testimony, and
computing damages . There were many Masters in
Chancery at the same time. The office was abolished
in 1897 and was replaced by the office of Master of the
Supreme Court. -Also termed master ojthe chancery.
See MASTER OF THE SUPREME COURT. [Cases: Equity
(,':::>395.]
Master in Lunacy. Hist. A judicial officer appointed by
the Lord Chancellor to conduct inquiries into the state Master of the Rolls
of mind of people alleged to be lunatics incapable of
handling their own affairs and to ensure in each case
that the lunatic's property is properly managed for his
or her benefit.
master lease. See LEASE.
master limited partnership. See publicly traded partner
ship under PARTNERSHIP.
master of a ship. Maritime law. A commander of a
merchant vessel; a captain of a ship . The master is
responsible for the vessel's navigation and the safety
and care of the crew and cargo. -Also termed ship
master. [Cases; Shipping C=)60.]
Master of Laws. A law degree conferred on those com
pleting graduate-level legal study, beyond the J.D. or
LL.B. Abbr. LL.M. Cf. JURIS DOCTOR; LL.B.; DOCTOR
OF LAWS.
Master of Requests. Hist. A judge of the Court of
Requests.
master ofthe chancery. See MASTER IN CHANCERY.
Master of the Crowu Office. English law. A Supreme
Court officer who is appointed by the Lord ChiefJustice.
 Formerly, the Master was the Queen's Coroner and
attorney, who was originally appOinted by the Lord
Chancellor to prosecute criminal cases in the name of
the Crown.
Master of the Faculties. Eccles. law. An officer in the
province of Canterbury who heads the Court of Fac
ulties, grants licenses, and admits or removes notaries
public. -Also termed magister ad Jacultates. See
COURT OF FACULTIES.
Master of the Horse. English law. A peer who as third
officer ofthe royal household, next to the lord steward
and lord chamberlain, attends the sovereign on state
occasions. The official was originally in charge of
the royal stables, but that duty is now entrusted to the
Crown Equerry.
Master ofthe Mint. Hist. A salaried warden who super
vised all activities of the royal mint.  The office was
abolished under the Coinage Act of 1870 and replaced
with Master Worker and Warden of Her Majesty's
Royal Mint.
Mastel' of the Ordnance. Hist. Beginning with the
reign of Henry VIII, a superior officer responSible for
the royal artillery and weapons. -The more modern
representative is the Master-General of the Ordnance,
a military officer and member of the Army Council.
Also termed Master-General ofthe Ordnance.
Mastel' ofthe Pells. See CLERK OF THE PELLS.
Master ofthe Rolls. The president ofthe Court of Appeal
in England . Formerly, the Master of the Rolls was an
assistant judge to a court of chancery, responsible for
keeping the rolls and chancery records. In recent times,
the most famous Master of the Rolls was Lord Denning
(who lived from 1899 to 1999).
"Since 1875, the Master of the Rolls has been president
of the Court of Appeal. Until 1958 he had the general
responsibility for the public records (a responsibility then

1066 Master of the Supreme Court
transferred to the lord Chancellor) and is still responsible
for the records of the Chancery of England. He admits
persons as solicitors of the Supreme Court." David M.
Walker, The Oxford Companion to Law 816 (1980).
Master ofthe Supreme Court. An official of the Queen's
Bench and Chancery Divisions of the Supreme Court
who fills the several positions of master in the com
mon-law courts, the Queen's Coroner and Attorney,
the Master of the Crown Office, record and writ clerks,
and associates.
master plan. (1914) Land-use planning. A municipal
plan for housing, industry, and recreation facilities,
including their projected environmental impact. See
PLANNED-UNIT DEVELOPMENT. [Cases: Zoning and
Planning
master policy. See INSURANCE POLICY.
master's draft. Maritime law. A contract for money
loaned to a ship's master to cover necessary disburse
ments, payable from the first freight the ship receives,
and secured by the vessel and freight. See BOTTOMRY
BOND. [Cases: Shipping
master-servant relationship. See RELATIONSHIP.
master--servant rule. See RESPONDEAT SUPERIOR.
master's report. A master's formal report to a court, usu.
containing a recommended decision in a case as well as
findings of fact and conclusions oflaw. [Cases: Federal
Civil Procedure C=> 1896; Reference C=>83-97.]
mast selling. Hist. The practice of selling the goods of a
dead seaman at the mast. See MAST (2).
matched order. See ORDER (8).
matching-acceptance rule. See MIRROR-IMAGE RULE.
matching principle. (1979) Tax. A method for handling
expense deductions, by which the depreciation in a
given year is matched by the associated tax benefit.
mate. (14c) 1. A spouse or other long-term life partner. 2.
A second-in-command officer on a merchant vessel. 3.
A petty officer who assists a warrant officer. 4. A friend
or companion.
materfamilias (may-tar-fa-mil-ee-as), n. [Latin] Roman
law. L The wife of a paterfamilias, or the mistress of
a family. 2. A respectable woman, either married ar
Single.
materia (ma-teer-ee-a), n. [Latin] 1. Materials, esp. for
building, as distinguished from the form given to
something by the exercise oflabar or skill. 2. Matter;
substance.
material, adj. (14c) 1. Of or relating to matter; physical
<material goods>. 2. Having some logical connec
tion with the consequential facts <material evidence>.
[Cases: Criminal Law C=>382; Evidence C=>143.] 3.
Of such a nature that knowledge of the item would
affect a person's decision-making; significant; essen
tial <material alteration of the document>. Cf.
RELEVANT. materiality, n.
material adverse information. See MATERIAL INFOR
MATION. material allegation. See ALLEGATION.
material alteration. See ALTERATION (2).
material breach. See BREACH OF CONTRACT.
material change in circumstances. See CHANGE IN CIR
CUMSTANCES.
material evidence. See EVIDENCE.
material fact. See FACT.
material fallacy. See FALLACY.
material information. Securities. Information that
would be important to a reasonable investor in making
an investment decision. _ In the context of an "effi
cient" market, materiality translates into informa
tion that alters the price of a firm's stock. Securities
Exchange Act of 1934  lO(b), 15 USCA  78j(b); 17
CFR  240.lOb-S. [Cases: Securities Regulation C=>
60.28(11),60.46.]
material adverse information. Securities. Material
information that is likely to make an investment less
attractive.
material issue. See ISSUE (1).
materialman. A person who supplies materials used in
constructing or repairing a structure or vehicle. -Also
termed material supplier. [Cases: Automobiles C--::>373;
Mechanics' Liens C=>82.]
materialman's lien. See mechanic's lien under LIEN.
material misrepresentation. See MISREPRESENTATION.
material representation. See REPRESENTATION (1).
material supplier. See MATERIALMAN.
material term. See TERM (2).
material witness. See WITNESS.
material-witness arrest. See ARREST.
maternal, adj. (ISc) Of, relating to, or coming from one's
mother <maternal property>. Cf. PATERNAL.
maternalline. See LINE.
maternal-line descent. See DESCENT.
maternal-preference presumption. Family law. The
belief that custody ofa child, regardless ofage, should
generally be awarded to the mother in a divorce unless
she is found to be unfit. _ Most jurisdictions no longer
adhere to the maternal-preference presumption. -Also
termed maternal-preference doctrine. Cf. PRIMARY
CAREGIVER DOCTRINE; TENDER-YEARS DOCTRINE.
[Cases: Child Custody (::::24, 458.]
maternal property. See PROPERTY.
materna maternis (m<l-t<lr-na ma-t;Jr-nis). Goods
acquired through the mother descend to those con
nected with her. -The phrase invoked the distinction
between the succession ofconsanguineous half-broth
ers and uterine half-brothers. Cf. PATERNA PATERNIS.
maternity (ma-t<lr-ni-tee). (17c) 1. The state or condition
of being a mother, esp. a biological one; motherhood.
Cf. FILIATION. 2. The section ofa hospital devoted to the

10


biological one; motherhood.
Cf. FILIATION. 2. The section ofa hospital devoted to the

1067
care ofmothers and infants during and after childbirth.
3. ATTRIBUTION RIGHT.
maternity presumption. See PRESUMPTION OF MATER
NITY.
matertera (mJ-t<lr-tJf-J), n. [Latin] Roman law. A
maternal aunt.
matertera magna (mJ-lar-tJf-J mag-nJ). [Latin] Roman
law. A great-aunt; the sister ofone's grandmother.
matertera major (mJ-tar-tar-J may-jar). [Latin] Roman
law. A greater aunt; the sister of one's great-grand
mother.
matertera maxima (ma-tar-taf-J maks-J-mJ). [Latin]
Roman law. A great-great-great aunt; the sister of one's
great-great-grandmother. -Also termed abmater
tera.
mathematical-algorithm exception. See ALGORITHM
EXCEPTION.
mathematical evidence. See EVIDENCE.
Mathews v. Eldridge test. (1980) Constitutional law. The
principle for determining whether an administrative
procedure provides due-process protection, byana
lyzing (1) the nature of the private interest that will be
affected by the governmental action, (2) the risk of an
erroneous deprivation through the procedure used, (3)
the probable value of additional or substitute procedural
safeguards, (4) the governmental function involved,
and (5) the administrative burden and expense that
would be created by requiring additional or substitute
procedural safeguards. Mathews v. Eldridge, 424 U.S.
3l9, 96 S.Ct. 893 (l976). [Cases: Constitutional LawC=>
3875,4025.]
matima (mat-i-mJ), n. [Law Latin] Hist. A godmother.
matricide (ma-trJ-sId), n. (l6c) 1. The act ofkilling one's
own mother. 2. One who kills his or her mother.
matricidal, adj.
matricula (mJ-trik-y;}-la), n. [Latin] 1. Roman law. A
register ofpublic officials. 2. Hist. A register or certifi
cate of enrollment in any organized group or society.
matriculate, vb. (l6c) To enroll or register (in a univer
sity, college, etc.) [Cases: Colleges and Universities
9.15.] -matriculation, n.
matrimonial action. See ACTION (4).
matrimonial cohabitation. See COHABITATION.
matrimonial domicile. See DOMICIl.E.
matrimonial home. See matrimonial domicile under
DOMICILE.
matrimonial res. (1893) 1. The marriage estate. 2. The
state ofmarriage; the legal relationship between married
persons, as opposed to the property and support obliga
tions arising from the marriage.
matrimonium (ma-tr;}-moh-nee-Jm), n. [Latin] Roman
law. Marriage. -Also termed nuptiae (n;,p-shee-ee).
matrimonium ipsum (ma-trJ-moh-nee-Jm ip-sJm).
[Latin] Hist. Marriage itself. matter
matrimonium non justum (ma-trJ-moh-nee-Jm non
j;}s-tJm). [Latin] Roman law. A marriage between two
persons one or both of whom do not have the legal
capacity to wed (conubium) .  Children resulting from
such a marriage were legitimate but were not consid
ered in polestas.
matrimony, n. (l4c) The ceremony or state of being
married; MARRIAGE (1). [Cases: Marriage 1.]
matrimonial, adj.
matrix (may-triks), n. [Latin] 1. Hist. Mother. 2. Civil
law. The original legal instrument, from which all
copies must be made. 3. A list ofthe parties to a lawsuit,
including the addresses at which pleadings and notices
can be served . A matrix is commonly used to list
the names and addresses ofcreditors and other parties
in a bankruptcy case. Many bankruptcy courts have
specific rules on how to prepare the matrix.
matrix ecclesia (may-triks e-klee-z[h]ee-J). [Latin]
Eccles. law. A mother church; a cathedral church in
relation to parochial churches in the same diocese, or
a parish church in relation to dependent chapels.
matter, n. (Bc) 1. A subject under consideration, esp.
involving a dispute or litigation; CASE (1) <this is the
only matter on the court's docket today>. 2. Something
that is to be tried or proved; an allegation forming the
basis of a claim or defense <the matters raised in the
plaintiff's complaint are not actionable under state
law>.
matter in deed. 1. A matter that can be proved by a
writing under seal. 2. See matter offact.
matter in pais (in pay). A matter of fact that has not
been recorded in writing and that must therefore be
proved by parol evidence.
matter offact. (16c) A matter involving a judicial
inquiry into the truth of alleged facts. Also termed
matter in deed.
matter ofform. A matter concerned only with formali
ties or noncritical characteristics <the objection that
the motion was incorrectly titled related to a matter
of form>. Cf. matter ofsubstance.
matter oflaw. A matter involving a judicial inquiry
into the applicable law.
matter ofrecord. A matter that has been entered on a
judicial or other public record and therefore can be
proved by producing that record.
matter ofsubstance. A matter concerning the merits
or critical elements, rather than mere formalities <the
party objected because the motion was based on a
repealed statute that related to a matter ofsubstance>.
Cf. matter ofform.
new matter. 1. A litigant's claim or defense that goes
beyond the issues raised in the original litigation,
either by raising a new issue with new facts to be
proved or by raiSing a defense that does not impli
cate an element of the original claims. A typical
example of new matter is an affirmative defense. 2.
See NEW MATTER (2).

1068 matter in controversy
special matter. Common-law pleading. Out-of-the
ordinary evidence that a defendant is allowed to
enter, after notice to the plaintiff, under a plea ofthe
general issue.
matter in controversy. See AMOUNT IN CONTROVERSY.
matter of. See 1;>< RE.
matter of course. (17c) Something done as a part of a
routine process or procedure.
mature, vb. (1861) (Of a debt or obligation) to become
due <the bond matures in ten years>. [Cases: Bills and
Notes ~129.] maturity, n. -mature, adj.
matured claim. See CLAIM (3).
mature-minor doctrine. Family law. A rule holding that
an adolescent, though not having reached the age of
majority, may make decisions about his or her health
and welfare ifthe adolescent demonstrates an ability to
articulate reasoned preferences on those matters. _ The
mature-minor doctrine was recognized as constitution
ally protected in medical decisions (abortion rights) in
Planned Parenthood ofCent. Missouri v. Danforth, 428
U.S. 52,96 S.Ct. 2831 (1976). Not all states recognize the
common-law mature-minor doctrine. Cf. PARENTAL
CONSENT STATUTE. [Cases: Abortion and Birth Control
~120.l
maturity date. See date ofmaturity under DATE.
maturity value. The amount that is due and payable on
an obligation's maturity date.
maugre (maw-g~r), prep. Archaic. Despite <the witness
may testify maugre counsel's objection>.
maxim (mak-sim). (16c) A traditional legal principle that
has been frozen into a concise expression. _ Examples
are "possession is nine-tenths ofthe law" and caveat
emptor ("let the buyer beware"). -Also termed legal
maxim.
maximalist retributivism. See RETRIBUTIVISM.
maximum cure. Maritime law. '{he point at which a
seaman who is injured or sick has stabilized, and no
additional medical treatment will improve the seaman's
condition. - A shipowner's obligation to provide main
tenance and cure to a sick or injured seaman usu. con
tinues until the seaman has reached maximum cure.
Farrell v. United States, 336 U.S. 511, 69 S.Ct. 707 (1949);
Vella v. Ford Motor Co., 421 U.S. 1,95 S.Ct. 1381 (1975).
See CURE (2); MAINTENANCE AND CURE. [Cases: Seamen
11(6).]
maximum medical improvement. (1955) The point at
which an injured person's condition stabilizes, and no
further recovery or improvement is expected, even with
additional medical intervention. _ This term is most
often used in the context of a workers' -compensation
claim. An injured employee usu. receives temporary
benefits until reaching maximum medical improve
ment, at which time a determination can be made about
any permanent disability the employee has suffered
and any corresponding benefits the employee should
receive. Abbr. MMI. [Cases: Workers' Compensa
tion C='868.j maximum sentence. See SENTENCE.
may, vb. (bef. 12c) 1. To be permitted to <the plaintiff may
close>. 2. To be a possibility <we may win on appeal>.
Cf. CAN. 3. Loosely, is required to; shall; must <if two
or more defendants are jOintly indicted, any defendant
who so requests may be tried separately>. _ In dozens
ofcases, courts have held may to be synonymous with
shall or must, usu. in an effort to effectuate legislative
intent. [Cases: Statutes
maybem (may-hem), n. (ISc) 1. The crime ofmaliciously
injuring a person's body, esp. to impair or destroy the
victim's capacity for self-defense. _ Modern statutes
usu. treat this as a form of aggravated battery. See
BATTERY. Cf. serious bodily injury under INJURY. [Cases:
Mayhem~1.1
"Mayhem, according to the English common law, is mali
ciously depriving another of the use of such of his members
as may render him less able, in fighting, either to defend
himself or to annoy his adversary. It is a felony." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 239 (3d ed.
1982).
2. Violent destruction. 3. Rowdy confusion or disrup
tion. -maim (for sense 1), vb.
May it please the court. (17c) An introductory phrase
that lawyers use when first addressing a court, esp.
when presenting oral argument to an appellate court.
mayn (mayn), n. [Law French] Hist. A hand; handwrit
ing.
maynover (md-nOO-Velf or may-nob-velr), n. [Law French]
Hist. A work by hand; something produced by manual
labor.
mayor, n. (14c) An official who is elected or appointed
as the chief executive of a city, town, or other munic
ipality. [Cases: Municipal Corporations 168.]
mayoral (may-dr-~l), adj.
mayoralty (maY-elr-ClI-tee). (I4c) The office or dignity of
a mayor. -Also termed mayorship.
mayor of the staple. Hist. A person appointed to take
recognizances of debt between staple merchants, and
to hear disputes arising between merchants. See STAPLE
(1), (2).
mayor's court. See COURT.
mayorship. See MAYORALTY.
MBDA. abbr. MINORITY BUSINESS DEVELOPMENT
AGENCY.
MBE. See Multistate Bar Examination under BAR EXAM
INATION.
MBO. See management buyout under BUYOUT.
MC. abbr. MEMBER OF CONGRESS.
McCarran Act. A federal law requiring, among other
things, members of the Communist party to register
with the Attorney General and requiring Communist
organizations to provide the government with a list
ofits members. -The Act was passed in 1950, during
the Cold War. Over the years, the U.S. Supreme Court
declared various portions of the Act unconstitutional,

1069
but it was not fully repealed until 1993. See, e.g., United
States v. Spector, 343 U.S. 169, 72 S.Ct. 591 (1952);
Aptheker v. Secretary ofState, 378 U.S. 500, 84 S.Ct.
1659 (1964); United States v. Robel, 389 U.S. 258, 88 S.Ct.
419 (1967). -Also termed McCarran Internal Security
Act; Subversive Activities Control Act of1950.
McCarran-Ferguson Act. Insurance. A federal law
allowing a state to regulate insurance companies doing
business in that state, and also to levy a tax on them. 15
USCA  lOll-lOI5.lCases: Insurance ~1100.]
McCarran Internal Security Act. See MCCARRAN ACT.
McClanahan presumption. The presumption that the
states do not have jurisdiction to tax members of a
Native American tribe who live or work on tribal land.
 The presumption is not limited to tribal members
who live or work on a formal reservation. Instead, it
includes those who live or work on informal reserva
tions, in dependent tribal communities, and on tribal
allotments. McClanahan v. Arizona Tax Comm'