Descriptionary

medical examiner coroner.

mens rea the evil intent or state of mind that accom­panies a criminal act; in legal terms, the states of mind include "intentionally," "knowingly," "recklessly," and "grossly negligent."

miranda rule the requirement to read a person his or her rights (right to remain silent, right to a law­yer's presence, etc.) during an arrest and before police interrogation.

miscarriage of justice damages to a party due to court errors during litigation, sometimes requiring a reversal of judgment.

misdemeanors any crimes considered less serious and having less severe punishment than felonies.

misfeasance performing a lawful act in a dangerous or injurious manner.

misjoinder the joining of separate counts in an indictment.

mistrial a trial that is voided and terminated before a verdict is reached, due to a hung jury, court errors, or death of a juror or an attorney.

mitigating circumstances circumstances that lessen a person's guilt in a crime.

modus operandi the manner of operation; the method used by a criminal in accomplishing a crime.

moot court a make-believe court held in law schools to argue a moot case.

moral certainty to be certain beyond a reasonable doubt, but to be less so than absolutely certain.

moral turpitude depravity, dishonesty, vileness.

motion in a court proceeding, a request for a ruling.

negative pregnant a denial that, by being noticeably qualified or modified, implies an affirmation of facts.

negligence the failure to exercise care in a degree that would be expected from a reasonable person.

negligence, criminal reckless negligence resulting in injury or death. Also known as culpable negligence.

nemo est supra legis no one is above the law.

nolle prosequi Latin for "do not pursue," referring to a motion to dismiss a case because evidence for a successful prosecution is insufficient.

non compos mentis not of sound mind.

non vult contendere he will not contest. A defen­dant who neither confesses guilt nor contests the charges against him, thereby acquiescing to being treated as guilty by the courts.

nuisance anything indecent, offensive, obstructive, or disturbing to the free use of one's property.

pain and suffering a type of damages that can be recovered when the opposing party's wrongdoing results in emotional or physical pain.

palimony support payments similar to alimony but given to the partner in a defunct nonmarital relation­ship.

pander to pimp; to serve the sexual desire of others. Also, to promote obscene literature and movies.

panderer a pimp; one who serves the sexual inter­ests of others.

paralegal a legal assistant.

paternity suit an action filed to determine the father of an illegitimate child and to gain financial support for that child.

patricide the killing of one's father.

penal pertaining to punishments or penalties associ­ated with breaking the law.

penal code the body of laws concerning crime and its punishment.

perjury lying while under oath, a criminal offense.

petit jury a trial jury, as opposed to a grand jury. Also known as a petty jury.

physician-patient privilege the privilege of physicians to keep all forms of communication from a patient con­fidential unless the patient consents otherwise.

plaintiff in a court action, the person who files suit.

plea bargaining the negotiation between the prose­cutor and the accused of a mutually satisfactory dispo­sition of a case to expedite proceedings, usually involv­ing a guilty plea in exchange for a lesser sentence.

plead to argue, persuade, or present a case in court.

polling the jury the surveying by the judge of the jurors for their individual decisions concerning the verdict, as requested in some cases by a criminal defendant.

polygraph a lie detector.

postmortem after death. Refers to the examination of a body by a coroner to determine cause of death.

power of attorney granting someone in writing the authority to perform specific acts on his behalf.

precedent a past court case decision that is used as an authority or reference for deciding future cases.

prejudice having a bias in favor of one of the par­ties in a lawsuit. Also, a preconceived notion of guilt or innocence concerning a party without knowing the facts.

premeditation thinking over something beforehand, an element distinguishing murder from manslaughter.

presentment a written accusation made by a grand jury stemming from its own investigation.

presumption a supposition; a strong probability.