A Federal Trade Commission rule that requires a seller to ship goods ordered by mail, phone, computer or fax to you within the time promised or, if no time was stated, within 30 days. If the seller cannot ship within that period, the seller must send you a notice with a new shipping date and give you the option of canceling your order and getting a refund.
Marital Settlement Agreement
See divorce agreement.
Marital Termination Agreement
See divorce agreement.
McNaghten Rule
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.
Medicaid
A program established by the federal government and administered by the states to help pay medical costs for financially needy people. Need is defined by the program of the state in which the applicant resides. Medicaid operates in addition to Medicare to help pay for some of the medical costs that Medicare does not cover.
Medicare
A federal government program that assists older and some disabled people in paying their medical costs. The program is divided into two parts. Part A is called hospital insurance and covers most of the costs of a stay in the hospital, as well as some follow-up costs after time in the hospital. Part B, medical insurance, pays some of the cost of doctors and outpatient medical care.
Miranda warning
A warning that the police must give to a suspect before conducting an interrogation, including the right to remain silent, the right to have an attorney present, the right to a court appointed attorney, and the fact that any statements made by the suspect can be used against him in court.
majority
(1) More than half of something, such as the votes cast in an election. (2) The age at which a person can exercise the legal rights of an adult, such as entering into contracts or voting. See age of majority.
malfeasance
Doing something that is illegal. This term is often used when a professional or public official commits an illegal act that interferes with the performance of his or her duties. For example, an elected official who accepts a bribe in exchange for political favors has committed malfeasance. Compare misfeasance.
malpractice
The delivery of substandard care or services by a lawyer, doctor, dentist, accountant or other professional. Generally, malpractice occurs when a professional fails to provide the quality of care that should reasonably be expected in the circumstances, with the result that her patient or client is harmed. In the area of legal malpractice, you need to prove two things to show that you were harmed: first, that your lawyer screwed up; and second, that if the lawyer had handled the work properly, you would have won your original case.
mandamus
Latin for "we command." A writ of mandamus is a court order that requires another court, government official, public body, corporation or individual to perform a certain act. For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission. A writ of mandamus is the opposite of an order to cease and desist, or stop doing something. Also called a "writ of mandate."
mandatory
Required, compulsory or obligatory.
mandatory injunction
See injunction.
marital deduction
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.
