from a CORONER in that a medical examiner is a physician. Medical examiners have replaced coroners in most states and jurisdictions. Medical malpractice: Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other HEALTH CARE professional. Medicare: Medicare is a federally funded system of health and hospital insurance for persons aged 65 and older and for disabled persons. Meeting of creditors: One of the first steps in federal BANKRUPTCY proceedings whereby the creditors of a debtor meet in court to present their claims against him or her and a trustee is named to handle the application of the debtor’s assets to pay his or her debts. Meeting of minds: The mutual a greement and assent of the parties to a contract to its substance and terms. Membership corporation: A company or organization that is formed for purposes other than generating a profit. Memorandum: An informal record, in the form of a brief written note or outline, of a particular legal transacti on or document for the purpose of aiding the parties in remembering particular points or for future reference. Memorandum decision: Acourt’s decision that gives the ruling (what it decides and orders done), but no opinion (reasons for the decision). Mens rea: As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness. Mensa et thoro: [Latin, From bed and board.] Atypeof DIVORCE that is a partial termination of the duties of a mari tal relationship. Mental anguish: When connected with a physical injury, includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. As an element of damages implies a relatively high degree of mental pain and distress; it is more than mere disappointment, anger, worry, resentment, or embarrassment, although it may include all of these, and it includes mental sensation of pain resulting from such painful emotions as grief, severe disappointment, indignation, wounded pride, shame, despair, and/or public humilia- tion. In other connections, and as a ground for DIVORCE or for compensable damages or an element of damages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. Mental cruelty: A course of conduct on the part of one spouse toward the other spouse that can endanger the mental and physical health and efficiency of the other spouse to such an extent as to render CONTINUANCE of the marital relation intolerable. As a ground for DIVORCE,itisconduct that causes embarrassment, humiliation, and anguish so as to render life miserable and unendurable or to cause a spouse’s life, person, or health to become endangered. Mercantile: Relating to trade or commerce; commercial; having to do with the business of buying and selling; relating to merchants. Merchantable: Salable; of quality and type ordinarily acceptable among vendors and buyers. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MERCHANTABLE 147 Mercian law: A major body of Anglo-Saxon customs that, along with the Dane law and the West Saxon law, continued to constitute the law in England in the days immediately following the Norman Co nquest. Merger: The combination or fusion of one thing or right into another thing or right of greater or larger importance so that the lesser thing or right loses its individuality and becomes identified with the greater whole. Mergers and acquisitions: Methods by which corporations legally unify ownership of assets formerly subject to separate controls. Merit system: System used by federal and state governments for hiring and promoting governmental employees to civil service positions on the basis of competence. Merits: The strict legal rights of the parties to a lawsuit. Mesne: Intermediate; intervening; the m iddle between two extremes, especially of rank or time. In feudal law, an intermediate lord; a lord who stood between a tenant and the chief lord; a lord who w as also a tenant. Metes and bounds: The boundary lines of land, with their terminal points and angles. A way of describing land by listing the compass directions and distances of the boundaries. It is often used in connection with the Government Survey System. Military government: A government that i s established during or after military occupation by the victorious country in an armed conflict. According to INTERNATIONAL LAW, the territory that has been placed under the authority of a hostile army continues to belong to the state that has been ousted. However, it may be ruled by the occupiers under a special regime. Military law: Military law refers to the body of laws, rules, and regulations that have been developed to meet the needs of the military. It encompasses service in the military, the constitutional rights of service members, the military criminal justice system, and the international law of armed conflict. Militia: A group of private citizens who train for military duty in order to be ready to defend their state or country in times of emergency. A militia is distinct from regular military forces, which are units of professional soldiers maintained both in war and peace by the federal government. Mill: One-tenth of one cent: $0.001. A mill rate is used by m any localities to compute property taxes. For example, some states levy a one-time nonrecurring tax of two mills per dollar (0.2%) on the fair market value of all notes, bonds, and other obligations for payment of money that are secured by mortgage, deed of trust, or other l ien on real property in lieu of all other taxes on such property. Mine and mineral law: The law governing the ownership, sale, and operation of mines, quarries, and wells, and the rights to natural resou rces found in the earth. Mineral right: An interest in minerals in land, with or without ownership of the surface of the land. A right to take minerals or a right to receive a royalty. Minimum wage: The minimum hourly rate of compensation for labor, as established by federal statute and required of employers engaged in businesses that affect interstate commerce. Most states also have similar statutes governing minimum wages. Ministerial: Done under the direction of a supervisor; not involving discretion or policymaking. Minitrial: A private, voluntary, and informal type of ALTERNATIVE DISPUTE RESOLUTION. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 148 MERCIAN LAW DICTIONARY OF LEGAL TERMS Minor: An infant or person who is under the age of legal competence. A term derived from the CIVIL LAW, which described a person under a certain age as less than so many years. In most states, a person is no longer a minor after reaching the age of 18 (though state laws might still prohibit certain acts until reaching a greater age; e.g., purchase of liquor). Also, less; of less consideration; lower; a person of inferior condition. Minority: The state or condition of a minor; infancy. Opposite of majority. The smaller number of votes of a deliberative assembly; opposed to majority. In context of the Constitution’s guarantee of EQUAL PROTECTION, minority does not have merely numerical denotation but refers to identifiable and specially disadvantaged groups such a s those based on race, religion, ethnicity, or national origin. Minute book: An account where official proceedings are recorded. Minutes: The written record of an official proceeding. The notes recounting the transactions occurring at a meeting or official proceeding; a record kept by courts and corporations for future reference. Miscarriage of justice: A legal proceeding resulting in a prejudicial outcome. Miscegenation: Mixture of races. A term formerly applied to marriage between persons of different races. Statutes prohibiting marriage between persons of d ifferent races have been held to be invalid as contrary to the EQUAL PROTECTION CLAUSE of the Constitution. Mischief: A specific injury or damage caused by another person’s action or inaction. In CIVIL LAW, a person who suffered physical injury due to the NEGLIGEN CE of another person could allege mischief in a lawsuit in TORT. For example, if a baseball is hit through a person’swindowby accident, and the resident within is i njured, mischief can be claimed. It is distinct from malicious mischief, which is a criminal act usually involving reckless or intentional behavior such as VANDALISM. Misdemeanor: Offenses lower than felonies and generally those punishable by fine, penalty, FORFEITURE, or imprisonment other than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. Certain states also have variousclassesofmisdemeanors(e.g.,ClassA,B,etc.). Misfeasance: Atermusedin TORT LAW to describe an act that is legal but performed improperly. Misprision: The failure to perform a public duty. Misrepresentation: An assertion or manifestation by words or conduct that is not in accord with the facts. Mistake: An unintentional act, omission, or error. Mistake of fact: An error that is not caused by the neglect of a legal duty on the part of the person committing the error but rather consists of an unconscious ignorance of a past or present material event or circumstance or a belief in the present existence of a material event that does not exist or a belief in the past existence of a material event that did not exist. Mistake of law: A misconception that occurs when a person with complete knowledge of the facts reaches an erroneous conclusion as to their legal effect; an incorrect opinion or inference, arising from a flawed evaluation of the facts. Mistrial: A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a “new trial,” which recognizes that a trial was completed but was set a side so that the issues could be tried again. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MISTRIAL 149 Mitigating circumstances: Circumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been partially ameliorated. Mitigation of damages: The use of reasonable care and diligence in an effort to minimize or avoid injury. Mittimus: A court order directing a sheriff or other police officer to escort a convict to a prison. Mixed actions: Lawsuits having two purposes: to recover real property and to obtain monetary damages. M’Naghten rule: A test applied to determine whether a person accused of a crime was sane at the time of its commission and, therefore, criminally responsible for the wrongdoing. Mock trial: A simulated trial-level proceeding conducted by students to understand trial rules and processes. Usually tried before a mock jury, these proceedings are different from MOOT COURT proceedings, which simulate appellate arguments. Model acts: Statutes and court rules drafted by the American Law Institute (ALI), the AMERICAN BAR ASS OCIATION (ABA), the COMMISSIONERS ON UNIFORM LAWS, and other organizations. State legislatures may adopt model acts in whole or in part, or they may modify them to fit their needs. Model acts differ from UNIFORM ACTS, which are usually adopted by the states in virtually the same form proposed by the American Law Institute and other organizations. Modification: Achangeoralterationinexistingmaterials. Modus operandi: [Latin, Method of working.] A term used by law enforcement authorities to describe the particular manner in which a crime is committed. Moiety: One-half. Money laundering: The process of taking the proceeds of criminal activity and making them appear legal. Money paid: The technical name g iven a declaration in ASSUMPSIT in which the plaintiff declares that the defendant had and received certain money. A COMMON-LAW PLEADING, stating that the defendant received money that, i n EQUITY and good c onscience, should be paid to the plaintiff. Monopoly: Aneconomicadvantageheldbyoneormorepersons or companies deriving from the exclusive power to carry on a particular b usiness or trade or to manufacture and sell a particular item, thereby suppressing competition and allowing such persons or companies to raise the price of a product or service substantially abov e the price that would be establish ed b y afreemarket. Monument: Anything by which the memory of a person, thing, idea, art, science or event is preserved or perpetuated. A tomb where a dead body has been deposited. In REAL-PROPERTY law and surveying, visible marks or indications left on natural or other objects indicating the lines and boundaries of a survey. Any physical object on the ground that helps to establish the location of a boundary line called for; it may be either natural (e.g., trees, rivers, and other land features) or artificial (e.g., fences, stones, stakes, or the like placed by human hands). Moot: An issue presenting no real controversy. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 150 MITIGATING CIRCUMSTANCES DICTIONARY OF LEGAL TERMS Moot court: Moot court is a method of teaching law and legal skills that requires students to analyze and argue both sides of a hypothetical legal issue using procedures modeled on those employed in state and federal appellate courts. Moral l aw: The rules of behavior an individual or a group may follow out of personal conscience and that are not necessarily part of legislated law in the United States. Moral relativism: The philosophized notion that right and wrong are not absolute values, but are personalized according to the individual and his or her circumstances or cultural orientation. It can be used positively to effect change in the law (e.g., promoting tolerance for other customs or lifestyles) or negatively as a means to attempt justification for wrongdoing or lawbreaking. The opposite of moral relativism is moral absolutism, which espouses a fundamental, NATURAL LAW of constant values and rules, and which j udges all persons equally, irrespective of individual circumstances or cultural differences. Moral turpitude: A phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals. Moratorium: A suspension of activity or an authorized period o f delay or waiting. A moratorium is sometimes agreed upon by the i nterested parties, or it may be authorized or imposed by operation of law. The term also is used to denote a period of time during which the law authorizes a delay in payment of debts or perfor mance of some other legal obligatio n. This type of moratorium is most often invoked during time s of distress, such as war or natural disaster. Mortality tables: Tables are used by insurance companies to determine the premium to be charged for those in the respective age groups. Mortgage: A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds i n the county where the mortgage was recorded. Because most people cannot afford to buy real estate with cash, nearly every real estate transaction involves a mortgage. Mortmain: [French, Dead hand.] A term to denote the conveyance of ownership of land or tenements to any corporation, religious or secular. Mortmain acts: Statutes designed to prevent lands from being perpetually possessed or controlled by religious corporations. Most-favored-nation status: A method of establishing equality of trading opportunity among states by guaranteeing that if one country is given better trade terms by another, then all other states must get the same terms. Motion: A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the MOVANT. Motive: An idea, belief, or emotion that impels a person to act in accordance with that state of mind . Movant: One who makes a motion before a court. The applicant for a judicial rule or order. Move: To make an application to a court for a rule or order, or to take action in any matter. The term comprehends all things necessary to be done by a litigant to obtain an order of the court directing the relief sought. To propose a resolution, or recommend action in a deliberative GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MOVE 151 body. To pass over; to be transferred, as when the consideration of a contract is said to move from one party to the other. To occasion; to contribute to; to tend or lead to. Movie rating: A classification given to a commercially released motion picture that indicates to consumers whether the film contains sex, profanity, violence, or other subject matter that may be inapprop riate for persons in certain age groups. Multidistrict l itigation: A procedure provided by federal statute (28 U.S.C.A. § 1407) that permits civil lawsuits with at least one common (and often intricate) QUESTION OF FACT that have been pending in different federal district courts to be transferred and consolidated for pretrial proceedings before one judge. Multilevel distributorship: A type of referral sales scheme by which an individual who purchases a particular item from a company agrees to solicit and provide additional buyers for the product in exchange for a commission or rebate from the company. Multiplicity o f a ctions: Several unnecessary attempts to litigate the same claim or issue. Municipal: In its narrower and more common sense, pertaining to a local governmental unit, commonly a city or town. In its broader sense, pertaining to the public or governmental affairs of a state, nation, or of a people. Relating to a state or nation, particularly when considered as an entity independent of other states or nations. Municipal corporation: An incorporated political subdivision of a state that is composed of the citizens of a designated geographic area and which performs certain state functions on a local level and possesses such powers as are conferred upon it by the state. Muniments of title: Documents that serve as evidence of ownership of real or PERSONAL PROPERTY. Written instruments, such as stock certificates or deeds to land, by which an owner is enabled to defend his or her ownership rights. Murder: The unlawful killing of another human being without justification o r excuse. Music publishing: The contractual relationship between a songwriter or music composer and a music publisher, whereby the writer assigns partorallofhisorhermusiccopyrightstothe publisher in exchange for the publisher’s commercial exploitation of the music. Mutilation: In CRIMINAL LAW, the crime of violently, maliciously, and intentionally giving someone a serious permanent wound. Mutiny: A rising against lawful or constituted authority, particularly in the naval or ARMED SERVICES . Mutual company: A corporation in which members are the exclusive shareholders and the recipients of pro fits distributed as dividends in proportion to the business that such members did with the com pany. Mutual fund: A fund, in the form of an investment company, in which shareholders combine their money to invest in a variety of stocks, bonds, and money-market investments such as U.S. Treasury bills and bank certificates of deposit. Mutual mistake: An error of both parties to a contract, whereby each operates under the identical misconception concerning a past or existing material fact. Mutuality of obligation: The legal principle that provides that unless both parties to a contract are bound to perform, neither party is bound. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 152 MOVIE RATING DICTIONARY OF LEGAL TERMS Naked contract: From the Latin term nudum pactum, or “bare agreement.” An agreement between two parties that is without any legal effect because no consideration has been exchanged between the parties. A naked contract, also known as a “nude contract,” is unenforceable in a court of law. Name: The designation of an individual person or of a firm or corporation. A word or combination of words used to distinguish a person, thing, or class from others. Napoleonic Code: The first modern organized body of law governing France, also known as the Code Napoleon or Code Civil, enacted by Napoléon I in 1804. National Intelligence Program: The umbrella organization for all U.S. intelligence operations, including the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), the four major intelligence agencies of the Department of Defense, the Department of Homeland Security, and other government departments and agencies. It is headed by the director of National Intelligence (DNI). National Labor Relations Board: A federal administrative agency charged with administering and enforcing provisions of the National Labor Relations Act that apply to unfair labor practices and union representation. National Mediation Board: A three-person board created in 1934 by an act amending the Railway Labor Act (45 U.S.C.A. §§ 151–158, 160–162, 1181–1188) to resolve disputes in the railroad and airline industries that could disrupt travel or imperil the economy. National Urban League: The National Urban League, more commonly known as the Urban League, is a nonprofit, multiracial organization that is dedicated to the elimination of racial segregation and discrimination and to the enhancement of economic and educational opportunities for African A mericans throughout the United States. The Urban League, which was founded in 1910 and is headquartered in New York City, has more than 100 affiliates in 34 states and the District of Columbia. Natural and probable consequences: Those ramifications of a particular course of conduct that are reasonably foreseeable by a person of average intelligence a nd generally occur in the normal course of events. Natural law: The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists. Naturalization: The process under federal law whereby a foreign-born person may be granted citizenship. In order to qualify for naturalization, an applicant must meet a number of statutory requirements, including those related to residency, literacy, and education, as well as an exhibition of “good moral character” and a demonstration of an attachment to constitutional principles upon which the United States is based. Navigable waters: Navigable waters are those that provide a channel for commerce and transportation of people and goods. Necessaries: Things indispensable, or things proper and useful, for the sustenance of human life. N GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS NECESSARIES 153 Necessity: Necessity is a defense asserted by a criminal or civil defendant that he or she had no choice but to break the law. Negative covenant: A covenant that imposes a duty to refrain or desist from doing something. Neglect: An om ission to do or perform some work, duty, or act. Negligence: Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. To establish negligence as a CAUSE OF AC TION under t he law of TORTS, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant’s negligent conduct was the proximate cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged. Negligent entrustment: The act of leaving an object, such a s an automobile or firearm, with another whom the lender knows or should know could use the object to harm others d ue to such factors as youth or inexperience. Negotiable instrument: A COMMERCIAL PAPER, such as a check or promissory note, that contains the signature of the maker or drawer; an u nconditional promise or order to pay a certain sum in cash that is payable either upon d emand or at a specifically designated time to the order of a designated person or to its bearer. Negotiate: To conduct business transactions; to deal with another individual in regard to a purchase and sale; to bargain or trade. To conclude by way of agreement, bargain, or compact. To transfer a negotiable instrument, such as a promissory note, or other COMMERCIAL PAPER. Net: The sum that remains following all permissible deductions, including charges, expenses, discounts, commissions, or taxes. Net worth: The difference between total assets and liabilities; the sum total of the assets of an individual or business minus the total amount owed to creditors. Neutrality: The state of a nation that takes no part in a war between two or more other powers. New Party: A grassroots progressive political organization that focuses on local elections and uses the concept of multiple-party nomination or fu sion to build coalitions with other like-minded organizations and political parties. Next friend: An individual who acts on behalf of another individual who does not have the legal capacity to act on his or her own behalf. The individual in whose name a minor’s lawsuit is brought, or who appears in court to represent such minor’s interest. The French term prochein ami has been used to designate such an individual, but the term GUARDIAN AD LITEM is more commonly used. Next of kin: The person or persons most closely related–by blood or “affinity”–to someone who di es. Nihil: [Latin, Nothing.] The abbreviated designation of a statement filed by a sheriff or constable with a court describing his or her unsuccessful attempts to serve a writ, notice, or process upon the d esig na ted person. Ninety-day letter: The name given to a w ritten notice sent to a taxpayer by the Internal Revenue Service regarding a deficiency in the payment of tax (26 U.S.C.A. § 6212 et seq.). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 154 NECESSITY DICTIONARY OF LEGAL TERMS Nisi prius: [Latin, Unless before then.] No bill: Atermthattheforemanofthe GRAND JURY writes across the face of a bill of indictment (a document drawn up by a prosecutor that states formal criminal charges against a designated individual) to indicate that the crim inal charg es alleged therein against a suspect have not been sufficiently supported by the evidence presented before it to warrant his or her criminal prosecution. No contest: The English translation of a nolo contendere plea used in criminal cases. Generally the terms nolo contendere and no contest are used interchangeably in the legal community. The operation of a no-contest plea is similar to a plea of guilty. A defendant who enters a no contest plea concedes the charges alleged without disputing o r admitting guilt and without offering a defense. No contest has a different meaning in the context of a will. No fault: A kind of automobile insurance providing that each driver must collect the allowable amount of money from his or her own insurance carrier subsequent to an accident, regardless of who was at fault. No-load fund: A type of mutual fund that does not impose sales commissions, known as “loads,” or “sales loads,” on its shareholders’ investments, either upon purchase or sale o f the shares (a so-called front-end or back-end load). Nolle prosequi: [Latin, Will not prosecute.] Nolo contendere: [Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt. Nominal: Trifling, token, or slight; not real or substantial; in name only. Nominal damages: Minimal money damages awarded to an individual in an action where the person has not suffered a ny substantial injury or loss for which he or she must be compensated. Non: [Latin, Not.] A common prefix used to indicate negation. Non prosequitur: [Latin, He does not pursue, or follow up.] The name of a judgment rendered by a court against a plaintiff because he or she fails to take any necessary steps, in legal proceedings, within a period prescribed for such proceedings by the practice of court. Non sui juris: [Latin, Not his own master.] A term ap plied to an indiv idual who lacks the legal capacitytoactonhisorherownbehalf,suchasaninfantoraninsaneperson. Non vult contendere: [Latin, He does not wish to contest it.] A type of plea that can be entered by a defendant who is unwilling to admit guilt but is willing to submit to the court for sentencing. Nonage: I nfancy or minority; lack of requisite legal age. Noncompete agreement: A contract limitin g a party from competing with a business after terminationofemploymentorcompletionofabusinesssale. Nonconforming use: Continuing use of real property, permitted by zoning ordinances, in a manner in which other similar plots of land in the same area cannot ordinarily be used. Nonfeasance: The intentional failure to discharge a required duty or obligation. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS NONFEASANCE 155 Nonprofit: A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonsuit: A broad term for any of several ways to terminate a legal action without an actual determination of the controversy on the merits. Nonsupport: The failure of one individual to provide financial maintenance for another individual in spite of a legal obligation to d o so. Norris-LaGuardia Act: One of the initial federal labor laws in favor of organized labor. It was enacted in 1932. North Ameri can Free T rade Agreement: The North American Free Trade Agreement (NAFTA) was made between the United States, Canada, and Mexico, and took effect January 1, 1994. Its purpose is to increase the efficiency and fairness of trade among the three nations. Northwest Ordinance: An agreement adopted in 1787 by the Congress of the Confederation o f States that created the Northwest Territory, organized it governing structure, and established the procedures by which territories were admitted as states to the Union. Notary public: A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize FRAUD in legal documents. Note: To take notice of. A written negotiable instrument that contains the promise of the note ’s maker to pay a certain sum of money. Notes of decisions: Annotations; concise summaries and references to the printed decisions of cases that are designed to explain particular RULES OF LAW or applicable sections of statutes. Notice: The term, notice, refers to information, knowledge of certain facts or of a particular state of affairs. The term also refers to the formal receipt of papers that provide specific information. Novation: The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement. Nuclear power: A form of energy produced by an atomic reaction, capable of producing an alternative source of electrical power to that supplied by coal, gas, or oil. The N uclear Regulatory Commission: An independent regulatory agency that oversees the civilian use of NUCLEAR POWER in the United States. Nuclear weapons: Weapons of mass destruction that are powered by nuclear reaction. Types of nuclear weapons include atom bombs, hydrogen bombs, fission bombs, and fusion bombs. Nugatory: Invalid; lacking legal force. A statute is nugatory if it has been declared unconstitutional. Nuisance: Nuisance is a legal action to redress harm arising from the use of one’sproperty. Null: Of no legal validity, force, or effect; nothing. As used in t he phrase null and void, refers to something that binds no one or is incapable of giving rise to any rights or duties under any circumstances. Nunc pro tunc: [Latin, Now for then.]Whencourtstakesomeactionnunc pro tunc, that action has retroactive legal effect, as though it had been performed at a particular, earlier date. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 156 NONPROFIT DICTIONARY OF LEGAL TERMS . informal type of ALTERNATIVE DISPUTE RESOLUTION. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 148 MERCIAN LAW DICTIONARY OF LEGAL TERMS Minor: An infant or person who is under the age of legal. again. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS MISTRIAL 149 Mitigating circumstances: Circumstances that may be considered by a court in determining culpability of. no real controversy. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 150 MITIGATING CIRCUMSTANCES DICTIONARY OF LEGAL TERMS Moot court: Moot court is a method of teaching law and legal skills