nil
Latin for nothing or zero.
ACADEMIC TOPICS
Multiplicity of Actions
More than one lawsuit raising the same issue(s) against the same defendant. Generally, multiplicity of actions is to be avoided because it could lead to inconsistent results.
Moving Party
See: movant
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Move
To make a motion in court applying for judicial action, such as an order or judgment.
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Motion To Suppress
A request made by a defendant in a criminal trial that the court refuse to allow a particular piece of evidence to be admitted at trial, because that evidence was obtained illegally or in violation of the defendant's rights.
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Motion To Strike
1) A request that the judge eliminate all or part of the other party's pleading. 2) A request that the judge order evidence deleted from the court record and instruct the jury to disregard it. Typically, this request is made regarding testimony by a witness in court.
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Motion For New Trial
A request made by a party, after a judgment is entered in a lawsuit, that the judge vacate that judgment and order a new trial. Typically, a motion for new trial argues that the judge made a significant legal error or that there was insufficient evidence to support the jury's verdict. In many jurisdictions, a party must make a motion for new trial to reserve the right to make the same arguments on appeal.
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Moral Certainty
In a criminal trial, the reasonable belief (but short of absolute certainty) of the trier of the fact (the jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying "beyond a reasonable doubt." Because there is no exact measure of moral certainty, it is always somewhat subjective and based on the reasonable opinions of the judge and/or jury. (See also: reasonable doubt)
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Moot Court
A fictitious court held in law school where students argue both sides of a hypothetical case, usually at the appellate level.
Mitigating Circumstances
Definition
Factors that lessen the severity or culpability of a criminal act, including, but not limited to, defendant's age or extreme mental or emotional disturbance at the time the crime was committed, mental retardation, and lack of a prior criminal record. Recognition of particular mitigating circumstances varies by jurisdiction.
Illustrative caselaw
See, e.g. Magwood v. Patterson, 130 S.Ct. 2788 (2010).
See also
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