Legislative history: Discussions and documents, including committee reports, hearings, and floor debates, surrounding and preceding the enactment of a law. Legislature: A legislature is a representative assembly of persons that makes statutory laws for a municipality, state, or nation. Legitimate: To make lawful, such as when a child is born prior to the parents’ marriage and they subsequently wed and thereby confer upon the child the same legal status as those born in lawful wedlock. That which is lawful, legal, recognized by law, or in accordance with law, such as legitimate children or legitimate authority; real, v alid, or genuine. Lemon laws: Laws governing the rights of purchasers of new and used motor vehicles that do not function properly and which have to be returned repeatedly to the dealer for repairs. Lessee: One who rents real property or PERSONAL PROPERTY from another. Lesser included offense: A lesser crime whose elements are encompassed by a greater crime. Lessor: One who rents real property or PERSONAL PROPERTY to another. Let: To lease certain property. Letter of credit: A written instrument from a bank or merchant in one location that requests that anyone or a specifically named party advance money or items on credit to the party holding or named in the document. Letter of the law: The strict and exact force of the language used in a statute, as distinguished from the spirit, general purpose, and policy of the statute. Letter ruling: In tax law a written interpretation of certain provisions of federal statutes by the Office of the Assistant Commissioner of the Internal Revenue Service. Letters of administration: A formal document issued by a co urt of probate appointing a manager of the assets and liabilities of the estate of the deceased in certain situations. Letters patent: An instrument issued by a government that conveys a right or title to a private individual or organization, including conveyances of land and inventions. Letters rogatory: A formal written request made by one judicial body to another court in a different, independent jurisdiction that a witness who resides in that jurisdiction be examined through the use of interrogatories accompanying the request. A device used in international law by which the courts of one country ask the courts of another to utilize their procedure to assist the country making the request in the administration of justice within its borders. Letters testamentary: The formal instrument of authority and appointment granted by the proper court to an executor (one designated in a will to manage the estate of the deceased) empowering that person to execute the functions of the office. Levees and flood control: The system constructed and maintained by government to prevent the overflow of water. Leverage: A method of financing an investment by which an investor pays only a small percentage of the purchase price in cash, with the balance supplemented by borrowed funds, in order to generate a greater rate of return than would be produced by paying primarily cash for the investment; the economic benefit gained by such financing. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS LEVERAGE 137 Levy: To assess; raise; execute; exact; tax; collect; gather; take up; seize. Thus, to levy a tax; to levy a NUISANCE; to levy a fine; to levy war; to levy an execution, i.e., to levy or collect a sum of moneyonanexecution. A seizure. The obtaining of money by legal process through seizure and sale of property; the raising of the money for which an execution has been issued. Lewdness: Behavior that is deemed morally impure or unacceptable in a sexual sense; open and public indecency tending to corrupt the morals of the community; gross or wanton indecency in sexual relations. Lex: [Latin, Law .] In medieval JURISPRUDENCE, a body or collection of various laws peculiar to a given nation or people; not a code in the modern sense, but an aggregation or collection of laws not codified or systematized. Also, a similar collection of laws relating to a general subject, and not peculiar to any one people. Lex fori: [Latin, The law of the forum, or court.] The positive law of the state, nation, or jurisdiction within which a lawsuit is instituted or remedy sought. Lex loci: [Latin, The law of the pla ce.] The law of the state or the nation where the matter in litigation transpired. Lexis®: An online legal information service that provides the full text of opinions and statutes in electronic format. Subscribers use their personal computers to search the L exis database for relevant cases. They may download or print the legal information they retrieve. Liability: A comprehensive legal term that describes the condition of being actually or potentially subject to a legal obligation. Libel and slander: Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation. Libel is any defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and he ard . Libelant: Formerly the party who filed an init iatory pleading (a formal declaration of a claim) in an ecclesiastical or religious m atter or in an admiralty case, corresponding to the plaintiff in actions at law. Libelous: Inthenatureofawritten DEFAMATION, a communication that tends to injure reputation. Libertarianism: A political philosophy that advocates free will, individual rights, and voluntary cooperation. Liberty: The state of being free; enjoying various social, political, or economic rights and privileges The concept of liberty forms the core of all democratic principles. Yet, as a legal concept, it defies clear definition. License: The permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act, a trespass or a tort. The certificate or the document itself that confers permission to engage in otherwise proscribed conduct. Licentiousness: Acting without regard to law, ethics, or the rights of others. Lien: A right given to another by the owner of property to secure a debt, or one created by law in favor of certain creditors. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 138 LEVY DICTIONARY OF LEGAL TERMS Life estate: An estate whose duration is limited to the life of the party holding it, or some other person. Life in being: A phrase used in the common-law and statutory rules against perpetuities, meaning the remaining duration of the life of a person who is in existence at the time when the deed orwill takes effect. Life or limb : The phrase within t he FIFTH AMENDMENT to the U.S. Constitution, commonly known as the DOUBLE JEOPARDY Clause, that provides, “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb,” pursuant to which there can be no second prosecution after a first trial for the same offense. Lifo: An abbreviation for last in, first out, a method used in inventory accounting to value the merchandise of a particular business. Lift: To raise; to take up. Ligan: Goods cast into the sea tied to a buoy, so that they may be found again by t he owners. When goods are cast into the sea in storms or shipwrecks and remain there, without coming to land, they are distinguished by the names of jetsam, flotsam, and ligan. Limitation: A qualification, restriction, or circumspection. Limitations of actions: Statutes restricting the right to bring suit on certain civil causes of action or criminal prosecutions, which provide that a suit may not be commenced unless it is brought within a designated period after the time that the right to sue accrued. Limited: Restricted in duration, extent, or scope; confined. Limited liability company: A noncorporate business whose owners actively participate in the organization’s management and are protected against personal l iability for the organization’s debts and obligations. Limited liability partnership: A form of general partnership that provides an individual partner protection against personal liability for certain partnership obligations. Line of credit: The maximum borrowing power granted to a person from a financial institution. Lineal: That which comes in a line, particularly a direct line, as from parent to child or grandparent to grandchild. Lineup: A criminal investigation technique in which the police arrange a number of individuals in a row before a witness to a crime and ask the witness to identify which, if any, of the individuals committed the crime. Liquid assets: Cash, or property immediately convertible to cash, such as securities, notes, life insurance policies with cash surrender values, U.S. savings bonds, or an account receivable. Liquidate: To pay and settle the amount of a debt; to convert assets to cash; to aggregate the assets of an insolvent enterprise and calculate its liabilities in order to settle with the debtors and the creditors and apportion the remaining assets, if any, among the stockholders or owners of the corporation. Liquidated damages: Monetary compensation for a loss, detriment, or injury to a p erson or a person’s rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS LIQUIDATED DAMAGES 139 Liquidation: The collection of assets belonging to a debtor to be applied to the discharge of his or her outstanding debts. A type o f proceeding pursuant to federal BANKRUPTCY law by which certain property of a debtor is taken into custody by a trustee to be sold, the proceeds to be distributed to the debtor’s creditors in satisfaction of their claims. The settlement of the financial affairs of a business or individual through the sale of all assets and the distribution of the proceeds to creditors, heirs, or other parties with a legal claim. Lis pendens: [Latin, Pending lawsuit.] A reference to the jurisdiction (or control) that courts obtain over pr operty in a suit awaiting action. A notice filed in the office of public records that the ownership of real property is the su bject of a legal controversy and that anyone who purchases it takes it subject to any claims asserted in the action and thereby its value might be diminished. Listing: An agreement that represents the right of a real estate agent or BROKER to handle the sale of real property and to receive a fee or commission for services. Litchfield Law School: The first law school in America, founded by Tapping Reeve (b. October 1744, in Southhold, Long Island, New York; d. December 13, 1823, in Litchfield, Connecticut) in 1784 in Litchfield, Connecticut . It continued operation until 1833. Literal construction: The determination by a court of the meaning of the language of a document by an examination of only the actual words used in it, without any consideration of the intent of the parties who signed the writing except for the fact that they chose the language now in dispute. Literary property: The interest of an author in an original and expressive composition, that entitles the author to the exclusive use and profit thereof, with no interest vested in any other individual. The corporal property in which an intellectual production is embodied. Litigation: An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. Littoral rights : Rights relating to the ownership of property that abuts an ocean, sea, or lake. Litvinov assignment of 1933: An executive agreement made by President FRANKLIN DELANO ROOSEVELT as part of the arrangements by which the United States recognized the Soviet Union. Livery of seisin: A ceremony performed in medieval England that effected the transfer of land from one party to another. Livery stable keepers: Individuals who, a s a regular course of business, provide quarters for the boarding of horses and rent them for hire. Living trust: A property right, held by one party for the benefit of another, that becomes effective during the lifetime of the creator and is, therefore, in existence upon his or her death. Living will: A written document that allows a patient to give explicit instructions about medical treatment to be administered when the patient i s terminally ill or permanently unconscious; also called an advance directive. LL.B.: An abbreviation denoting the degree of bachelor of laws, which was the basic degree awarded to an individual upon completion of law school until the late 1960s. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 140 LIQUIDATION DICTIONARY OF LEGAL TERMS LL.M.: An abbreviation for Master of Laws, which is an advanced degree that is awarded to an individual who already holds a J.D. upon the successful completion of a prescribed course of graduate study in law. Load lines: A marking indicating the extent to which the weight of a load may safely submerge a ship; also called Plimsoll line. Loan commitment: Commitment to a borrower by a lending institution that it will loan a specific amount at a certain rate on a particular piece of real estate. Such commitment is usually limited to a specified time period (e.g., four months), which is commonly based on the estimated time that it will take the borrower to construct or purchase the home contemplated by the loan. Loan shark: A person who lends money in exchange for its repayment at an interest rate that exceeds the percentage approved by law and who uses intimidating methods or threats of force in order to obtain repayment. Lobbying: The process of influencing public and government policy at all levels: federal, state, and local. Local action: A lawsuit concerning a transaction that could not occur except in some particular place. Any type of lawsuit that can be brought only in one place. A classic example is a situation where recovery of possession of a particular parcel of land is sought. Lockout: Employer’s withholding of work from employees in order to gain concession from them; it is the employers’ counterpart of the employee’s strike. Refusal by the employer to furnish available work to its regular employees, whether refusal is motivated by the employer’s desire to protect itself against economic injury, by its desire to protect itself at the bargaining table, or by both. Lockup: A place of detention in a police station, court or other facility used for persons awaiting trial. In corporate law, a slang term that refers to the setting aside of securities for purchase by friendly interests in order to defeat or make more difficult a takeover attempt. A lockup option is a takeover defensive measure permitting a friendly suitor to purchase divisions of a corporation for a set price when any person or group acquires a certain percentage of the corporation’s shares. To be legal, such agreement must advance or stimulate the bidding process, to best serve the interests of the shareholders through encouraged competition. Loco par entis: [Latin, The place of a parent.] A description of the relationship that an adult or an institution assumes toward an infant or minor of whom the adult is not a parent but to whom the adult or institution owes t he obligation of care and supervision. Locus: Latin, Place; place where a thing is performed or done. Lodger: An occupant of a portion o f a dwelling, such as a hotel or board inghouse, who has mere use of the premises without actual or exclusive possession thereof. Anyone who lives or stays in part of a building that is operated by another and who does not have control over the rooms therein. Log rolling: A legislative practice of embracing in one bill several distinct matters, none of which, perhaps, could singly obtain the assent of the legislature, and then procuring its passage by a combination of the minorities in favor of each of the measures into a majority that will adopt them all. Practice of including in one statute or constitutional amendment more than one proposition, indu cing vo ters to vo te for a ll, notwithstanding they might not have voted for all if amendments or statutes had been submitted separately. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS LOG ROLLING 141 Logging: The cutting of, or commercial dealing in, tree trunks that have been cut down and stripped of all branches. Logging in: A colloquial term for the process of making the initial record of the names of individuals who have been brought to the police station upon their arrest. Long-arm statute: A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state . Loophole: An omission or AMBIGUITY in a legal document that allows the intent of the document to be evaded. Loss: Diminution, reduction, depreciation, decrease in value; that which cannot be recovered. Loss of services: A deprivation of a family member, such as a parent or spouse, of the right to benefit from the performance of various duties, coupled with the privation of love and companionship, provided by the victim of a personal injury or WRONGFUL DEATH. Lost instruments: D ocuments that cannot be located after a thorough, careful, and diligent search has been made for t hem. Lot: In sales, a parcel or single article that is t he subject matter o f a separate sale or delivery, irrespective of whether or not it is adequate to perform the contract. In the SECURITIES and commodities market, a specific number of shares or a particular quantity of a commodity specified for trading. In the law o f real estate, one of several parcels i nto which real property is divided. Low-tide elevation: Offshore land features such as shoals, rocks, or reefs that are exposed at low tide but submerged at high tide are referred to as low-tide elevations. Loyalty oath: An oath that declares an individual’s allegiance to the government and its institutions and disclaims suppo rt of ideologies or associations that oppose or threaten the government. L.S.: An abbreviation for locus sigilli, Latin for “the place of the seal,” signifying the place within a written contract where a seal is affixed in order to bind the agreement. Lump-sum settlement: The payment of an entire debt all at once rather than in installments; the paymentofasetamountofmoneytosatisfyapecuniaryobligationthatmightotherwise continue indefinitely. Lynching: Violent punishment or execution, without due process, for real or alleged crimes. Magistrate: Any individual who has the power of a public civil officer or inferior judicial officer, such as a JUSTICE OF THE PEACE. Mail cover: The process governed by the U.S. Postal Regulations (39 C.F.R. § 233.3) that allows the recording of all the information that appears on the outside cover of mail in any class, and also allows the recording of the contents of second-, third-, and fourth-class mail, international parcel post mail, and mail on which the appropriate postage has not been paid. Mail fraud: A crime in which the perpetrator develops a scheme using the mails to defraud another of money or property. This crime specifically requires the intent to defraud, and is a M GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 142 LOGGING DICTIONARY OF LEGAL TERMS federal offense governed by section 1341 of title 18 of the U.S. Code. The mail fraud statute was first enacted in 1872 to prohibit illicit mailings with the Postal Service (formerly the Post Office) for the purpose of executing a fraudulent scheme. Maintenance: Unauthorized intervention by a nonparty in a lawsuit, in the form of financial or other support and assistance to prosecute or defend the litigation. The p reservation of an asset or of a condi tion of p roperty by upkeep and necessary repairs. A periodic monetary sum paid by one spouse for the benefit of the other upon separation or the dissolution of marriage; also called ALIMONY or spousal support. Majority: Full age; legal age; age at which a person is no longer a minor. The age at which, by law, a person is capable of being legally responsible for all of his or her acts (e.g. contractual obligations), and is entitled to the management of his or her own affairs and to the enjoyment of civic rights (e.g. right to vote). The opposite of minority. Also the status of a person who is a major in age. The greater number. The number greater than half of any total. Maker: One who makes, frames, executes, or ordains; as a lawmaker, or the maker of a promissory note. One who signs a note to borrow and, as such, assumes the obligation to pay the note when due. The person who creates or executes a note, that is, issues it, and in signing the instrument makes the promise of payment contained therein. One who signs a check; in this context, synonymous with drawer. One who issues a promissory note or certificate of deposit. Mala fides: [Latin, Bad faith.] Mala in se: Wrongs in themselves; acts morally wrong; offenses against conscience. Mala prohibita: [Latin, Wrongs prohibited.] A term used to describe conduct that is prohibited by laws, although not inherently evil. Malfeasance: The commission of an act that is unequivocally illegal or completely wrongful. Malice: The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance. Malice aforethought: A predetermination to commit an act without legal justification or excuse. A malicious design to injure. An intent, at the time of a killing, willfully to take the life of a human being, or an intent willfully to act in callous and wanton disregard of the consequences to human life; but malice aforethought does not necessarily imply any ill will, spite or hatred towards the individual killed. Malicious: Involving malice; characterized by wicked or mischievous motives or intentions. Malicious mischief: Willful destruction of PERSONAL PROPERTY of another, from actual ill will or resentment towards its owner or possessor. Though only a TRESPASS at the COMMON LAW,itis now a misdemeanor in most states. Malicious prosecution: An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without PROBABLE CAUSE and for a purpose other than that of bringing the alleged offender to justice. Malpractice: The breach by a member of a profession of either a standard of care or a standard of conduct. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MALPRACTICE 143 Man-in-the-house rule: A regulation that was formerly applied in certain jurisdictions that denied poor fam ilies WELFAR E payments in the event that a man resided under the same roof with them. Managed care: Managed care is a general term that refers to health plans that attempt to control the cost and quality of care by coordinating medical and other health-related services. Manager: One who has charge of a corporation and control of its business, or of its branch establishments, d ivisions, or departments, and who is vested with a certain amount of discretion and independent judgment. A person chosen or appointed to manage, direct, or administer the affairs of another person or of a business, sports team, or the like. The designation of manager implies general power and permits reasonable inferences that the employee so designated is invested with the general conduct and control of the employer’s business. Mandamus: [Latin, We comand.] A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, MUNICIP AL CORPORATION ,or individual to perform, or refrain from performing, a particular act, the performance o r omission of wh ich is requi red by law as an ob ligation. Mandate: A judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey. Mandatory: Pe rempto ry; obligato ry; r equir ed; t hat which must be subscribed to or obeyed. Mandatory autho rity: Precedents, in the form of prior decisions by a higher court of the same state on point, statutes, or other sources of law that must be considered by a judge in the determination of a legal controversy. Manor: A house, a dwelling, or a residence. Manslaughter: The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, p remeditation, and malice. The unlawful k illing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act withou t due caution and circumspection. Manufactures: Items of trade that have been transformed from raw materials, either by labor, art, skill, or machine into finished articles that have new forms, qualities, or properties. Margin: The edge or border; the edge of a body of water where it meets the land. As applied to a boundary line of land, the margin of a river, creek, or other watercourse means the center of the stream. But in the case of a lake, bay, or natural pond, the margin means the line where land and water meet. In finance, the difference between market value of loan collateral and face value of loan. A sum of money, or its equivalent, placed in the hands of a BROKER by the principal or person on whose account a purchase or sale of SECURITIES is to be made, as a security to the former against losses to which he or she may be expose d by subsequent fluctuations in the market value of the stock. The amount paid by the customer when he uses a broker’scredittobuya security. In commercial transactions the difference between the purchase price paid by an intermediary or retailer and the selling price, or difference between price received by manufacturer for its goods and costs to produce. Also called gross profit margin. Margin call: Ademandbya BROKER that an investor who has purchased SECURITIES using credit extended by the broker (on margin) pay additional cash into his or her brokerage account to reduce the amount of debt owed. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 144 MAN-IN-THE-HOUSE RULE DICTIONARY OF LEGAL TERMS Marital: Pertaining to the relationship of HUSBAND AND WIFE;havingtodowithmarriage. Marital communications privil ege: The right given to a HUSBAND AND WIFE to refuse to testify in a trial as to confidential statements made to each other within and during the framework of their spousal relationship. Maritime lien: The right of a particular individual to compel the sale of a ship because he or she has not been paid a debt owed to him or her on account of such vessel. Market value: The highest price a willing buyer would pay and a willing seller would accept, both being fully informed, and the property being exposed for sale for a reasonable period of time. The market value may be different from the price a property can actually be sold for at a given time (market price). The market value of an article or piece of property is the price that it might be expected to bring if offered for sale in a fair market; not the price that might be obtainedonasaleatpublicauctionorasaleforced by the necessities of the owner, but such a price as would be fixed by negotiation and mutual agreement, after ample time to find a purchaser, as between a vendor who is willing (but not compelled) to sell and a purchaser who desirestobuybutisnotcompelledtotaketheparticular article or piece of property. Marketable title: Ownership and possession of real property that is readily transferable since it is free from valid claims by outside parties. Marque and reprisal: A commission by which the head of a government authorizes a private ship to capture enemy vessels. Marriage: The legal status, condition, or relationship that results from a contract by which one man and one woman, one man and one man, or one woman and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of husband and wife in law for life, or until the legal termination of the relationship. Marshal: A federal court officer whose job entails m aintaining the peace, delivering legal papers, and performing duties similar to those of a state sheriff. Marshaling assets and securities: The process of organizing, ranking, and distributing funds in a manner set forth by law as being the most effective way to discharge debts that are owed to various creditors. Martial law: The exercise of government and control by military authorities over the civilian population of a designated territory. Martindale-Hubbell Law Dir ectory: A database containing information about attorneys and law firms around the world. Mass communications law: A body of primarily federal statutes, regulations, and judicial decisions that govern radio; broadcast, cable, and satellite television; and other means of electronic communication. Massachusetts trust: A business arrangement that is used in place of a corporation or partnership in which trustees hold title t o property for the advantage of beneficiaries for investment purposes. Master: An individual who hires employees or servants to perform services and who directs the manner in which such services are performed. A court officer appointed by a judge to perform such jobs as examining witnesses, taking testimony, computing damages, or taking oaths, affidavits, or acknowledgments of deeds. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MASTER 145 Master and servant: An archaic generic legal phrase that is used to d escribe the relationship arising between an employer and an employee. Material: Important; affecting the merits of a case; causing a particular course of action; significant; substantial. A description of the quality of evidence that possesses such substantial PROBATIV E value as to establish th e truth or falsity of a point in issue in a lawsuit. Mathews v. Eldridge Test: A three-part test that determines whether an individual has received DUE PR OCES S under the Constitution. The test balances (1) the importance of the interest at stake; (2) the risk of an erroneous deprivation of the interest because of the procedures used, and t he probable value of additional proced ural safeguards; and (3) the governm ent’s interest. Matter of fact: That which is to be determined by the senses or by the testimony of witnesses who describe what they have perceived through the sensesofsight,smell,touch,taste,andhearing. Matter of law: That which is determined or ascertained through the use of statutes, rules, court decisions, and interpretations of legal principles. Matter of record: Anything that has been entered in the formal written record of a court, which can be proved by the production of that record. Maxim: A broad statement of principle, the truth and reasonableness of which are self-evident. A rule o f EQUITY, the system of justice that complements the COMMON LAW. Mayhem: Mayhem at COMMON LAW required a type of injury that permanently rendered the victim less able to fight offensively or defensively; it might be accomplished either by the removal of (dismemberment), or by the disablement of, some bodily member useful in fighting. In the early twenty-first century, by statute, permanent disfigurement has been added; and as to dismemberment and disablement, there is no longer a requirement that the member have military significance. In many states the crime of mayhem is treated as aggravated assault. McCarran Internal Security Act: Legislation proposed by Senator PATRICK ANTHONY MCCARRAN and enacted by Congress in 1950 that subjected alleged members of designated Communist-action organizations to regulation by the federal government. M.C.J.: An abbreviation for master of comparative JURISPRUDENCE, a degree awarded to foreign lawyers trained in CIVIL LAW countries who have successfully completed a year of full-time study of the Anglo-American legal system. McNabb-Mallory rule: A federal judicial doctrine that operates to exclude from evidence a confession that is obtained from a person who was not brought before a judicial officer promptly after the person’s arrest. Mechanic’slien: A charge or claim upon the property of another individual as security for a debt that is created in order to obtain priority of payment of the price or value of work that is performed and materials that are provided in the erection or repair o f a building or other structure. Mediation: A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement. Medicaid: Medicaid is a joint federal-state program that provides health care insurance to low- income persons. Medical examiner: A public official charged with investigating all sudden, suspicious, unexplained, or unnatural deaths within the area of his or her appointed jurisdiction. A medical examiner differs GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 146 MASTER AND SERVANT DICTIONARY OF LEGAL TERMS . that of bringing the alleged offender to justice. Malpractice: The breach by a member of a profession of either a standard of care or a standard of conduct. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD. the degree of bachelor of laws, which was the basic degree awarded to an individual upon completion of law school until the late 1960s. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 140 LIQUIDATION. defraud another of money or property. This crime specifically requires the intent to defraud, and is a M GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 142 LOGGING DICTIONARY OF LEGAL TERMS federal offense