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memorandum opinion A unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court s conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law. Also termed memorandum decision; memorandum disposition; (slang) memdispo.

memorandum sale A conditional sale in which the buyer takes possession but does not accept title until approving the property.

mental abuse See emotional abuse.

mental cruelty As a ground for divorce, one spouse's course of conduct (not involving actual violence) that creates such anguish that it endangers the life, physical health, or mental health of the other spouse. See EMOTIONAL DISTRESS.

mental shock Shock caused by agitation of the mental senses and resulting in extreme grief or joy, as by witnessing the horrific death of a family member or winning the lottery. Cf. EMOTIONAL DISTRESS.

mentor judge An experienced judge who helps a new judge by sharing knowledge and offering guidance.

mercantile agent An agent employed to sell goods or merchandise on behalf of the principal. Also termed commercial agent.

merchandise broker One who negotiates the sale of merchandise without possessing it . A merchandise broker is an agent with very limited powers.

merchant appraiser See MERCHANT APPRAISER.

merchant seaman A sailor employed by a private vessel, as distinguished from one employed in public or military service.

meritorious consideration See good consideration.

meritorious defense (mer-a-tor-ee-as). 1. A defense that addresses the substance or essentials of a case rather than dilatory or technical objections. 2. A defense that appears likely to succeed or has already succeeded.

merits brief See brief on the merits.

merits discovery Discovery to uncover facts that support the claim or defense, or that might lead to other facts that will support the allegations of a legal proceeding.

mesne assignment (meen). A middle or intermediate assignment; any assignment before the last one.

mesne conveyance (meen). An intermediate conveyance; one occupying an intermediate position in the chain of title between the first grantee and the present holder.

mesne encumbrance (meen). An intermediate encumbrance; an encumbrance that first occurred both earlier and later than other encumbrances.

mesne process (meen). 1. A process issued between the commencement ofa lawsuit and the final judgment or determination. 2. The procedure by which a contumacious defendant is compelled to plead. Also termed writ ofmesne process; writ ofmesne.

mesne profits The profits of an estate received by a tenant in wrongful possession between two dates. Also termed (archaically) medium tempus.

method claim A patent claim that describes what is done to a workpiece in order to achieve the useful result claimed. A method claim is the same thing as a process claim, but "method" is used more often in applications for mechanical and electrical devices. I

method patent A patent having method or process claims that define a series of actions leading to a tangible physical result. Also termed process patent.

metropolitan district A special district, embracing parts of or entire cities and towns in a metropolitan area, created by a state to provide unified administration of one or more common services, such as water supply or public transportation.

mexican divorce A divorce obtained in Mexico by mail order or by the appearance of one spouse who does not have a Mexican domicile. Neither type is recognized in the United States. Also termed Dominican divorce (if granted in the Dominican Republic); Haitian divorce (if granted in Haiti).

middle burden of proof A party's duty to prove a fact by dear and convincing evidence . This standard lies between the preponderance-of-the-evidence standard and the beyond-a-reasonable-doubt standard. See clear and convincing evidence under EVIDENCE.

migratory corporation A corporation formed under the laws of another state than that of the incorporators' residence for the purpose of carrying on a significant portion of its business in the state of the incorporators' residence or in a state other than where it was incorporated.

migratory divorce A divorce obtained in a jurisdiction other than the marital domicile; esp., a divorce obtained by a spouse who moves to, or temporarily resides in, another state or country to get the divorce.

military court A court that has jurisdiction over members of the armed forces and that enforces the Code of Military Justice. See CODE OF MILITARY JUSTICE.

military court of inquiry A military court that has special and limited jurisdiction and that is convened to investigate specific matters and, traditionally, to determine whether further procedures are warranted. 10 USCA § 935.

military judge A commissioned officer of the armed forces who is on active duty and is a member of a bar of a federal court or of the highest court of a state. The Judge Advocate General of the particular service must certify a military judge as qualified for duty. A military judge of a general court-martial must also be a member of an independent judiciary. A military judge is detailed to every general court-martial and usu. to a special court -martial.

military offense See MILITARY OFFENSE.

mineral deed A conveyance of an interest in the minerals in or under the land.

mineral district A particular region of the country where valuable minerals are typically found and mined.

mineral easement An easement that permits the holder to enter the property to remove minerals from it.

mineral land Land that contains deposits of valuable minerals in quantities justifying the costs of extraction and using the land for mining, rather than agricultural of other purposes.

mineral royalty A right to a share of income from mineral production.

mineral servitude A servitude granting the right to enter anothers property to explore for and extract minerals; specif., under the Louisiana Mineral Code, a charge on land in favor of a person or another tract ofland, creating a limited right to use the land to explore for and produce minerals. - The servitude is generally eqUivalent to the severed mineral interest in a common-law state.

minimalist retributivism The more contemporary form of retributivism, which maintains that no one should be punished in the absence of guilt and culpability (that is, unless punishment is deserved), and that a judge may absolve the offender from punishment, wholly or partially, when doing so would further societal goals such as rehabilitation or deterrence.

minimum sentence The least amount of time that a convicted criminal must serve in prison before becoming eligible for parole.

minimum tax See alternative minimum tax.

ministerial act An act performed without the independent exercise of discretion or judgment. If the act is mandatory, it is also termed a ministerial duty. See ministerial duty under DUTY (2).

ministerial duty A duty that requires neither the exercise of official discretion nor judgment. Cf. discretionary duty.

ministerial office An office that does not include authority to exercise judgment, only to carry out orders given by a superior office, or to perform duties or acts required by rules, statutes, or regulations.

ministerial officer An officer who primarily executes mandates issued by the officer s superiors. One who performs specified legal duties when the appropriate conditions have been met, but who does not exercise personal judgment or discretion in performing those duties.

minor dispute Labor law. Under the Railway Labor Act, a disagreement about the interpretation or application of a collective-bargaining agreement, as opposed to a disagreement over the formation of a new agreement. 45 USCA § 155.

minorfact A subordinate fact or circumstance.

minority opinion See dissenting opinion.

minority report Parliamentary law. A report by a member or members who dissent from a committee report, setting forth their views, and sometimes proposing an alternative recommendation. Some organizatiom require that a minority must reach a certain size (or obtain permission) before it can file a report. A typical minimum is one-fourth of the committee s members, which guarantees that not more than one minority report will result.

minority shareholder A shareholder who owns less than half the total shares outstanding and thus cannot control the corporations management or singlehandedly elect directors.

minute order 1. An order recorded in the minutes of the court rather than directly on a case docket. Although practice varies, traditionally when a trial judge is sitting officially, with or without a court reporter, a clerk or deputy clerk keeps minutes. When the judge makes an oral order, the only record of that order may be in the minutes. It is therefore referred to as a minute order. - Also termed minute entry. 2. A court order not directly relating to a case, such as an order adopting a local rule of court. In this sense, the court is not a Single judge acting in an adju- dicatorycapacity, but a chief judge, or a group of two or more judges, acting for a court in an administrative or some other nonadjudicatory capacity.

miscellaneous itemized deduction Generally, an itemized deduction of job or investment expenses; a deduction other than those allowable in computing adjusted gross income, those enumerated in IRC (26 USCA) § 67(b), and personal exemptions. This type of deduction is allowed only to an itemizing taxpayer whose total miscellaneous itemized deduc tions exceed a statutory percentage of adjusted gross income.

misjoinder See MISJOINDER.

mislaid property Property that has been voluntarily relinquished by the owner with an intent to recover it later - but that cannot now be found. Cf. abandoned property; lost property. "A distinction is drawn between lost property and mislaid property. An article is mislaid if it is intentionally put in a certain place for a temporary purpose and then inadvertently left there when the owner goes away. A typical case is the package left on the patron s table in a bank lobby by a depositor who put the package there for a moment while he wrote a check and then departed without remembering to take it with him. There is always a clue to the ownership of property which is obviously mislaid rather than lost, because of the strong probability that the owner will know where to return for his chattel when he realizes he has gone away without it." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 31 0-11 (3d ed. 1982).

misperformance See MISPERFORMANCE.

mitigating circumstance 1. A fact or situation that does not justify or excuse a wrongful act or offense but that reduces the degree of culpability and thus may reduce the damages (in a civil case) or the punishment (in a criminal case).fact or situation that does not bear on the question of a defendant's guilt but that is considered by the court in imposing punishment and esp. in lessening the severity of a sentence. A court's or jury's power to consider mitigating circumstances cannot be limited by statute. See Lockett v. Ohio, 438 U.S. 586, 606,98 S.Ct. 2954, 2965 (1978). For a list of mitigating circumstances in a capital-murder case, see Model Penal Code § 210.6(4). 3. Contracts. An unusual or unpredictable event that prevents performance, such as a labor strike. Also termed extenuating circumstance. Cf. aggravating circumstance.

mitigation cost A party's expenditures to reduce an existing harm so that further damage might be halted, slowed, or diminished.

mixed action An action that has some characteristics of both a real action and a personal action. "In early times the only mixed actions were those for the partition of lands, for which a writ was provided in the common-law courts. The remedy was further enlarged by the statute of 31 Hen. VII c. 1, and 32 Hen. VIII c. 32, which gave compulsory partition, by writ at common law. These statutes formed the basis of partition in the American States; but in England and here courts of Chancery have been found most convenient, and their procedure most favorable for the division of estates in land. The statutes at the present time, in most of the States, prescribe a procedure which is quite Similar to that in equity practice." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 10-11 (2d ed. 1899).

mixed blood The relationship between persons whose ancestors are of different races or nationalities. "The term 'mixed bloods,' as used in treaties and statutes, has been held to include persons of half. or more or less than half, Indian blood. derived either from the father or from the mother." 42 C.J,5. Indians § 3 (1991).

mixed cognation A relationship that combines the ties of blood and family, such as that existing between brothers who are born of the same marriage.

mixed condition A condition that depends either on the will of one party and the will of a third person, or on the will of one party and the happening of a causal event.

mixed contract 1. Civil law. A contract in which the respective benefits conferred are unequal. 2. A contract for both the sale of goods and services. The UCC may apply to a mixed contract if the predominant purpose is for the sale of goods.

mixed cost A cost that includes fixed and variable costs.

mixed government A government containing a blend of forms, as in democracy and monarchy.

mixed insurance company An insurance company having characteristics of both stock and mutual companies in that it distributes part of the profits to stockholders and also makes distributions to the insureds.

mixed interpretation See liberal interpretation.

mixed jury A jury composed of both men and women or persons of different races.

mixed larceny 1. Larceny accompanied by aggravation or violence to the person. Cf. simple larceny. 2. Larceny involving a taking from a house. Also termed compound larceny; complicated larceny.

mixed policy Marine insurance. A policy combining aspects of both a voyage policy and a time policy.

mixed presumption A presumption containing elements of both law and fact.

mixed property Property with characteristics of both real property and personal property - such as heirlooms and fixtures.

mixed question See MIXED QUESTION.

mixed question of law and fact See MIXED QUESTION OF LAW AND FACT.

mobile goods Goods that are normally used in more than one jurisdiction (such as shipping containers and road-construction machinery) and that are held by the debtor as equipment or leased by the debtor to others. Under previous drafts of the Uniform Commercial Code, the procedure for perfecting a security interest in mobile goods was generally defined by the law of the state where the debtor is located. The current UCC does not distinguish mobile goods. See ordinary goods. DCC § 9-103(3).

model jury instruction A form jury charge usu. approved by a state bar association or similar group regarding matters arising in a typical case. Courts usu. accept model jury instructions as authoritative. Also termed pattern jury instruction; pattern jury charge; model jury charge.

model statute See uniform statute.

modification order See MODIFICATION ORDER.

monetary bequest See pecuniary bequest.

money bequest See pecuniary bequest.

money bill See revenue bill.

money broker A broker who negotiates the lending or raising of money for others.

money count A count, usu. founded on a simple contract, giving rise to a claim for payment of money. "Simple contracts, express or implied, resulting in mere debts. are of so frequent occurrence as causes of action, that certain concise forms of counts were devised for suing upon them. These are called the 'indebitatus' or 'money counts.'" 2 Stewart Rapalje & Robert L. lawrence, A Dierionary of American and English Law 833 (1883).

money judgment A judgment for damages subject to immediate execution, as distinguished from equitable or injunctive relief. Also termed judgment for money.

money scrivener See MONEY SCRIVENER.

moneyed capital Money that is invested with the intent of making a profit.

moneyed corporation 1. A corporation that uses money capital in its business, esp. one (such as a bank) that engages in the exchange or lending of money. 2. See for-profit corporation.

money-purchase plan A defined-contribution plan that provides for mandatory employer contributions without regard to employer profits. Contributions are frequently stated as a percentage ofemployee compensation.

moot court See MOOT COURT.

moral coercion See UNDUE INFLUENCE (1). 2. Conduct that constitutes the improper use of economic power to compel another to submit to the wishes of one who wields it. Also termed economic coercion. 3. Hist. A husband's actual or supposed control or influence over his wife's actions . Under the common-law doctrine ofcoercion, a wife who committed a crime in her husband's presence was presumed to have been coerced by him and thus had a complete defense. Courts have abolished this doctrine. Also termed doctrine ofcoercion. coercive, adj. coercer, n. "Although as an abstract statement any action or restraint imposed upon one by another may be spoken of as coercion, there has been a tendency in the criminal law to employ the word 'compulsion' for the general field and to reserve the word 'coercion' to indicate the exercise of such influence (actual or presumed) over a married woman by her husband. And since the latter is not merely a specific instance of the former, but is something which differs from it in kind so far as common-law consequences are concerned, there are important reasons for retaining this difference in the meaning to be assigned to these terms." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1018 (3d ed. 1982).

moral consideration See good consideration.

moral duress An unlawful coercion to perform by unduly influencing or taking advantage of the weak financial position of another. Moral duress focuses on the inequities of a situation while economic duress focuses on the lack of will or capacity of the person being influenced.

moral duty A duty the breach of which would be a moral wrong. Also termed natural duty.

moral evidence Loosely, evidence that depends on a belief, rather than complete and absolute proof. Generally, moral evidence is testimonial.

moral fraud See actual fraud.

moral hazard A hazard that has its inception in mental attitudes, such as dishonesty, carelessness, and insanitv. - The risk that an insured will destroy property or'allow it to be destroyed (usu. by burning) in order to collect the insurance proceeds is a moral hazard. Also, an insured's potential interest, if any, in the burning of the property is sometimes called a moral hazard.

moral law See MORAL LAW.

moral obligation A duty that is based only on one s conscience and that is not legally enforceable; an obligation with a purely moral basis, as opposed to a legal one. In contract law, moral obligation may support a promise in the absence of traditional con sideration, but only if the promisor has previously received some actual benefit from the promisee. Also termed imperfect obligation; natural obligation.

moral person See artificial person.

moratory damages (mor-a-tor-ee or mahr-). Civil law. Damages for a delay in performing an obligation. La. Civ. Code arts. 1989. 1994. There must be a default before these damages can be recovered, while compensatory damages are recoverable for both a failure of performance and for a defective performance.

moratory interest See prejudgment interest.

Morgan presumption See MORGAN PRESUMPTION.

mortgage bond A bond secured by the issuer's real property.