Glossary of Tort Law Terms

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Legal Glossaries Index

Magistrate Judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.

Malpractice: Improper or negligent behavior by a professional, such as a doctor or a lawyer. The failure of a professional to follow the accepted standards of practice of his or her profession.

Mediation: A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Minor: A person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18.

Misdemeanor: Crime that is punishable by less than one year in jail, such as minor theft and simple assault that does not result in substantial bodily injury.

Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Motion for a New Trial: Request in which a losing party asserts that a trial was unfair due to legal errors that prejudiced its case.

Motion for directed Verdict: A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made after the plaintiff is done presenting his or her case.

Motion for Summary Judgment: A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.

Motion to dismiss: In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.

Motion to Suppress Evidence: A request to a judge to keep out evidence at a trial or hearing often made when a party believes the evidence was unlawfully obtained.

Motion: A request asking a judge to issue a ruling or order on a legal matter.