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Dictionary of Law Terms: Malice
Malice prepense. Malice aforethought; i.e., deliberate, predetermined malice. Malus animus. A bad or malicious intent.
Mandamus. A writ commanding the completion or restitution of some right, or the performance of a duty.
Manslaughter. The unlawful killing of another, but without malice. Manumission. The making a bondman free.
Maxims in Law. Certain proverbial axioms, which form part of the general custom or common law of the land. As, "No man is bound to criminate himself."- "Conditions against law are void."-" It is fraud to conceal fraud," etc. Medietas Linguæ. A jury whereof one-half are foreigners, and the other natives, to try a cause in which either party is a foreigner, requiring that mode of trial. An alien cannot call for this since the Naturalization Act, 1870. Merger. The sinking of a smaller estate into a greater, whereby the former is utterly extinguished and destroyed. It takes place when two estates meet together, without any intermediate estate between them, to both of which estates the same individual is entitled in one and the same right-as where a tenant for life afterwards acquires the fee-simple. Mesul-Process. Those writs which intervene in the progress of a suit as contradistinguished from primary and final process. Misdemeanor. An indictable offense, which, though criminal, does not amount to felony.
Misprision. A neglect, oversight, or contempt; as, for example, misprision of treason is a negligence in not revealing treason.
Mittimus. A writ for removing of records from one court to another. Modus. A composition in lieu of tithes.
Moot point. An obscure point of the law not definitely settled, and therefore open for discussion.
Mortmain. The alienation of lands to ecclesiastical or temporal corporations by which they become perpetually inherent in one dead hand, etc.; that is, a hand that cannot pass away the lands.
Motion. An occasional application to the court, to obtain some rule or order in the progress of a cause.
Municipal Law. That system of law which pertains solely to a particular nation or state, in contradistinction to international law.
Muniments. Deeds, evidences, and writings in general. Murder. Unlawfully killing any person, with malice aforethought, either express or implied by law.
Naturalization. The making a foreigner a lawful subject to the state. Negative Pregnant. A form of denial which implies or carries with it an affirmative. Negotiable Instruments. Those instruments which confer on the holders the legal right to sue for the money or property thereby secured, and which by delivery pass such money or property from man to man-as bills of exchange, bills of lading. Next friend. The party to whose name an infant or feme-covert brings an action of suit.
Nil debet. A common plea to an action of debt when the money is not owing. Nil dicit. When judgment is had against a defendant by default. Nisiprius. A term applied to those courts in which civil causes are tried with the presence and aid of a jury.
Nolle Prosequi. An acknowledgment by the plaintiff that he will not further prosecute his suit, as to the whole or a part of the cause of action. Nomine Pœnæ. A penalty agreed to be paid on the non-performance of some specified act.
Non assumpsit. He has not promised. A plea by which a defendant denies his liability in an action of assumpsit.
Non concessit. He did not grant.
Non constat. It is not clear or evident.
Non est factum. A plea by which a defendant denies that the deed mentioned in the declaration is his deed.
Non est inventus. The sheriff's return to a writ, when the defendant is no to be found in his country or bailiwick.
Nonfeasance. The omitting to do what ought to be done. Non pros. When the plaintiff neglects to take any step within the prescribed time, the defendant may move for a judgment against him, which is called judgment non pros.
Nonsuit. The name of the judgment given against the plaintiff when he is unable to prove his case, or when he fails to go to trial after his case is at issue. Notary Public. A person whose business it is to note and protest bills of exchange, and who also attests deeds and writings, to make them authentic in another country.
Nudum pactum. An agreement without consideration, which, when not under seal, is void in law.
Nulla bona. A sheriff's return when there is no property to distrain upon. Nuisance. Anything which unlawfully annoys or does damage to another. Nuisances may be either public or private. Nunc pro tunc. Literally, now for then; and is often so used in legal proceedings. Oath. A pledge or acknowledgment given by a person that his statement or attestation is made under an immediate sense of his responsibility to God. Obiter dictum. A casual remark or opinion of a judge, not necessary to or forming part of his judgment on the matter before him.
Obligee. An individual for whose benefit an obligation is entered into. Obligor. He who enters into a bond or obligation.