MACHINATION secret plane aimed to contrive something intended to get adishonest, fraudulent or illicit purpose. From latin ” machinamentum ” = instrument usable in a battle, snare.
MAGISTRATE inferior judicial officer, having a local competence inhearings about not heavy offences. From latin ” magis ” = more important / ” tractare ” = to deal, to manage . In the old roman empire the more importantpublic functions were managed by high officers named ” magistrati “. Also from latin ” magisterium ” = task of a leader, function to impose orders.
MAINTENANCE provision present in the matrimonial law, obliging aperson to support by means of financial substances the own’s children or husband or wife having inferior economic conditions. From latin ” manus ” = hand / ” tenere ” = to hold. Here in the figurative sense, a child held from his hand by his father , is a child accompanied because not able to go ahead by himself.
MAINTENANCE CURIALIS conduct consisting to give a support to alitigation, usually helping the claimant or plaintiff with financial aid. From latin ” manus ” = hand / “tenere” = to support / ” curia ” = in the old rome city was a hall for meeting or the Senate, having judiciary functions.
MAJOR DISPUTE litigation having a superior ranking or importanceamong other type of disputes ( eg : class actions against the pollution provoked by a factory ). From latin “maior ” = bigger than / “dis ” = adverb meaning something going in different direction / ” putare ” = to think, to deem. In figurative sense, the source of a dispute are two parts whit a different way to think about a matter, in which the law concerning a matter is deemed operating in different ways.
MALFEASANCE conduct forbidden by law, usually because pepretated by apublic officer that is abusing of his authority , ore using his authority in improper way. From latin ” malus ” = bad / ” facere ” = to do .
MALICE AFORETHOUGHT aggravating circumstance indicating apreventive , premeditated and willfull intention to commit an offence. From latin ” malus ” = bad / “licet ” = even if . Therefore , a conduct that , even if is bad, has been perpetrated.
MALICIOUS PROSECUTION misuse of power perpetrated by a prosecutorthat , without adequate proofs, begins a criminal trial , with a intent purely defamatory or injurious against the defendant. From latin ” malus ” = bad / “licet ” = even if / ” persecutio ” = judiciary action . Therefore , a conduct made by a prosecutor that , even he knows as bad , therefore even if the prosecutor knows that the defendant is innocent. But the term ” prosecution ” could be also another meaning : from latin ” pro ” = in favour of / “secutus sum ” = followed, persecuted. In the figurative sense , the defendant ispersecuted by prosecutor in favour of the state’s interest to catch the offenders.
MANAGEMENT OF A PUBLIC BODY direction of public body , headoffice of a public body. From latin ” manus ” = hand / ” agere ” = to use. In figurative sense, to use the hand to control the steer of the public entity
MANDAMUS extraordinary writ or order issued by an high court , aimed tocompel a performance or duty not postponable or exceptionable . From latin ” mandare ” = to order .
MANDATORY PROVISION instruction issued by a public body ,compelling the execution of a performance that must be executed literally and requiring an exact obedience and compliance. From latin ” mandatum ” = ordered, compelled.
MANIFEST NECESSITY DOCTRINE situation in which is a court whenthere is an impossibility to decide the dispute by means of equity. From latin ” manifestus ” = evident , clear / “ ne ” = not / “ cessare ” = stop to exist , toend. Therefore the impossibility for the court to decide a case by means of equity must be clearly not ended. (in latin , the word ” necessitas ” means ” need ” ).
MANIPULATION OF SECURITIES artificial control of the price ofsecurities by several and continued purchases and sells , aimed to provoke a sense of unsecurity in the market . From latin ” manipularis ” = simple soldiers managed and controlled by the official (so the english term “manipulation” is indicating something handled or managaed ) (term composed by ” manus ” = hand / ” epulari ” = to eat. In old roman empire, in the military camp, the soldiers ate with own hands, without forks and spoons ).
MANUMISSION in the old roman empire, was a type of emancipation of aperson in a slavery condition ( with consent of the so called ” master “) . From latin ” manus ” = hand / ” missus ” = to be on leave, let go . Therefore in figurative sense , the proprietor of the slave, formerly kept him in his hand and after released him therefore let go him in freedom.
MANUSCRIPT hand written document before printing or publication. From latin “manus” = hand / ” scribere ” = to write .
MARITAL FISCAL DEDUCTION income tax deduction available only to amarried couple . From latin ” maritalis ” = about a marriage / ” fiscus ” = basket in which there is the treasure of a prince / ” deductio ” = subtraction. In figurative sense, the princep is representing the State’s taxation power, his treasure is representing the income of the State made by money collected from the taxes imposed. Therefore, with a tax relief for the married couple, the sum of money that would be collected by State, is taken off from the treasury department.
MARITIME LAW specific law concerning the matters involving thediscipline of harbours, ships and maritime commerce. From latin ” maritimus ” = about the ships, concerning the boats.
MARKETABLE TITLE title which the ownership is transferable becausefree of encumbrances . From latin ” mercatus ” = trade.
MARTIAL LAW system of decree issued by a military commander in time ofwar, due the state of emergency, with consequential suspence of normal constitutional provisions. Called also ” articles of war “. From latin ” martialis ” = warrior (in old roman empire, the god of war was named “mars “.
MARRIAGE CONTRACT contract involving a legal relationship andparticulars reciprocal duties between two persons (usually a man and a woman ) that get the civil status of married couple, beginning husband and wife. From latin ” maritus ” = husband / “agere” = to take care of. In figurative sense, the wife has to take care of own’s spouse.
MASTER AGREEMENT settlement signed between a labour union and anemployer or entrepreuner in a particular industrial sector. This settlment is intended as a model to be followed in the laying down of other labour contract concerning this industrial sector. From latin ” magister ” = chief, leader, head.
MATTER the subject of a dispute, the ground of the right under a litigation,the object or item under dispute. From latin ” materia ” = object ( therefore the object of a dispute).
MATURITY DATE date in which a note or an obligaiton is becomingpayable or due. From latin ” maturatio ” = at due time period.
MEDIATION intercession between two or more conflicting parties in adispute, aimed to reach a reconciliation of a dispute yet begun or to avoid a possible and future dispute. From ” medium ” = in the middle. The mediator in fact is between two litigants and trying to reach a conciliation or settlement before litigation.
MELIORATION OF PROPERTY process consisting in various activityaimed to get an increase of worth of a property (eg : the melioration of a farm, the gain of its market value ). From latin ” melior ” = better .
MENACING CONDUCT conduct consisting in a threat or intimidation.From latin ” mens” = mind / ” acer ” = bitter, harshness. In figurative sense , a threaten is a conduct involving in the mind of the victim, a cruel sensation of fear.
MENTAL ANGUISH aggravating circumstance of some crime consisting inan heavy mental sufference caused to a victim. From latin ” mentis ” = of the mind / ” angere ” = to have a breathlessness.
MERCANTILE LAW set of provisions concerning commercial law andtrading statute. From latin ” mercantilis ” = about the trade.
MERGER OF CORPORATIONS amalgamation of two differentcorporations , in which a company is absorbed by another company. From latin ” mergere ” = to dip , to put something into a liquid with the aim to absorb the substance , the essence of the liquid. In figurative sense, the merger involving an immersion of a corporation into another.
MERIT OF A CASE essential issue of a dispute able to be determined. Fromlatin “meritus” = deserved, due. Therefore, the merit of the case is the good , the right or the lien that the claimant is thinking due to him, is thinking deserved to him.
MINIMUM SENTENCE the more soft sentence that a court , in the respectof a law or statute, may impose to the defendant . From latin ” minimum ” = very small , at least.
MINIMUM WAGE lowest wage assured by provisions regulating therelationship between employees and employers. From latin ” minimum ” = very small , at least.
MINISTER head of department of a cabinet. From latin “ ministrare ” = toserve, to help. Here in figurative sense , the minister is helping the state’s machine to run.
MINUTE BOOK book containing the official record of a meeting havingpublic relevance. From latin ” minuere ” = to make smaller. Here in the figurative sense to make a summary of a public activity.
MISAPPLICATION improper use of funds or property, diversion of publicmoney to one’s own interest or use. From latin ” mis ” = badly, uncorrectly / ” applicare ” = to stick something , to push something towards an oppositedirection ( in figurative sense, the opposite direction as regards to the law ) .
MISAPPROPRIATION illegal or improper use of money by a personentitled to manage his money for public utility. From latin ” mis ” = badly, unlawful / ” ad ” = as a, according to / ” proprietas ” = ownership. Therefore , in the misappropriation, a person that is not the owner , exercises on a good or estate the same power accorded by law to the legitime owner.
MISCARRIAGE OF JUSTICE decision got by the court in contradictions ofthe facts or rules of law, therefore a decision usually bringing a judicial error. From latin ” mis ” = badly , uncorrectly / ” carrus ” = vehicle having four-wheel pulled by an horse, used in the old roman empire to carry ware. In the figurative sense, the vehicle is led by the judge and contains the elements of the trial (evidences, documents ) . Therefore the judge doesn’t give to the horse the right direction (the justice ) but give him the wrong direction (opposite to the justice ).
MISCONDUCT BY AN ATTORNEY any violation of the rule of the courtor professional conduct perpetrated by an attorney or lawyer . From latin ” mis ” = badly, uncorrectly / “ conducere ” = to be useful to . Here in thefigurative sense, the attorney or lawyer has a behaviour not useful to the client interest ( eg: a secret agreement with the lawyer of the opponent party ).
MISCONDUCT IN OFFICE any violation of law or statute perpetrated by apublic officer in the exercise of his duty. From latin ” mis ” = badly, uncorrectly / ” conducere ” = to be useful to . Here in the figurative sense, the officer has a behaviour not useful to the public interest (eg: the diversion of public money, the destruction of a public document, the conduct made by a judge that favours one of the parties in a trial, is a misconduct in office , therefore a conduct against the principle of impartiality ).
MISCREANT CONDUCT criminal or person having an immoral conduct .From latin ” mis” = not, badly , uncorrectly / from old italian ” creanza ” = well manner, respect.
MISDEMEANOR violation of secondary importance, infringement of lawhaving consequences and therefore a punishment less heavy than a felony. From latin ” mis ” = badly / ” de ” = by / ” menar ” to drive the cattle. Therefore a cattle badly leaded by the owner . In old roman empire , the must spread activity was the breeding of sheeps , therefore was usual that a breeder leaded his cows beyond the border of his land, but was deemed a small offence.
MISFEASANCE IN OFFICE improper or outlaw exercise of the powermade by a public officer. From latin ” mis ” = badly, unlawful / ” facere ” = to do. Therefore to something wrong.
MISNOMER IN DOCUMENTS material error consisting in a writingmistake about a name or surname of a party involved in a legal document as deed or mortgage. From latin ” mis ” = badly , wrong / ” nomen ” = name . Therefore a name written in wrong way.
MISPRISION conduct perpetrated by a person that is concealing a crime inwhich is not directly involved, as purely title of complicity or accessory in a crime. From latin ” mis ” = badly , unlawfully / ” praesum fui ” = protected . Here in a figurative sense, the offender is unlawfully protected by a person that , with his conduct , is an hindrance to the police investigation.
MITIGATING CIRCUMSTANCES facts, situations or circumstancesexternal to the facts making a criminal conduct that lessen its gravity or degree of culpability . From latin ” mitigare ” = to make more mild.
MITTIMUS type of writ issued by a highcourt to transfer a record from theoffice of a court to the office of another court. From latin ” mittere ” = to send, to delivery. In fact, also in modern italian language the sender of a letter is named ” mittente “.
MOLESTATION criminal conduct involving an undesiderated sexualadvances . From latin ” molestus ” = annoying, unlikeable.
MONITION ORDER court order imposing the accompliance of a party tothe court decision and warning the party about the legal measure that will be taken by court in case of disobedience. From latin ” monitus ” = warning.
MONOPOLY exclusive control of a market by only one company, that is ableto decide the price level of goods in that trade sector. From old greek ” monos” = one / ” polis ” = city. In old greek State there were the so named ” city-state ” , in which sometine a tradesman having the exclusive right to sell an item.
MORAL TURPITUDE adjective given to a crime in which the specificconduct involves a moral depravation . From latin ” moralis ” = ethical , about customs or habit of a people / ” turpitudo ” = obscenity, indecency.
MORATORIUM PERIOD time period in which the payment of debt orfulfilment of obligations and performance is suspended. From latin ” mora ” = delay, pause. Also in modern italian legal language, when a debtor is delaying on payment, the creditor sends him a letter named ” messa in mora ” = ( literally ) put in delay.
MORTGAGE lien granted upon property , aimed to secure a debt paymentand removable only with the entire payment . From latin ” mortis ” = about death / from old french ” gage’ ” = cage . Here in the figurative sense, the cage is represent the security , and the good or item under mortgage, is dead because is not able to be used by the proprietor ( because inside the cage ).
MOTION type of application or petition made by a subject and directed to thecourt examination aimed to get a decision upon a matter. From latin “motus” = movement. In figurative sense, a motion is a claim moved to the court because the applicant tooks the initiative.
MOTIVE mental process leading or inducing a person to do an action . Fromlatin “motus” = movement. In figurative sense, is the reason that pushed or was moving the body of the offender to commit a crime.
MUNICIPAL LAW law enforcerd specifically in a town . From latin “ munus ” = task, honour, duty / “ accipere ” = to catch. In fact in the oldroman empire, a city conquered or caught by roman army was entrusted to a magistrate or general that having the task to administrate the city.
MUNIMENT PAPER document kept to certify a right or to declare thevalidity of a right . From latin ” munimentum ” = defence . In fact the muniment paper is used to defend the position of the right owner’s title.
MUTUAL MISTAKE error made in a contract contents made by two ormore parties having opposite interest. From latin ” mutuus ” = reciprocal (composed by ” meus ” = my / ” tuus ” = your ).
MUTUAL WILLS separate wills made reciprocally by two parts, andcontaining provisions each regarding other. From latin ” mutuus ” = reciprocal ( composed by ” meus ” = my / ” tuus ” = your ).
MUTUAL SAVINGS BANK type of bank which the capital is owned by thedepositors. From latin ” mutuus ” = reciprocal ( composed by ” meus ” = my / ” tuus ” = your ) / “salvus ” = kept . Therefore the money kept, the money that has not been spent.
MUTUALITY OF CONTRACT ( DOCTRINE OF THE M. ) doctrine advocating the situation of two parties in a contract having reciprocal obligations to do a performance each in favour of the other. From latin ” mutuus ” = reciprocal (composed by “ meus ” = my / “ tuus ” = your) .Therefore means that is made my performance and your performance.