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LEGAL TERMS

OBJECTIVE: To explore the origin, meaning, application of legal terminology in the field of law
and literature.
1.

MAGISTRATE

ETYMOLOGY: late 14c., "civil officer in charge of administering laws," from Old French
magistrat, from Latin magistratus "a magistrate, public functionary," originally "magisterial rank
or office," from magistrare "serve as a magistrate," from magister "chief, director"
LITERAL MEANING: n. 1) a generic term for any judge of a court, or anyone officially
performing a judge's functions. 2) in a few states, an officer of the court at the lowest level who
hears small claims lawsuits, serves as a judge for charges of minor crimes and/or conducts
preliminary hearings in criminal cases to determine if there is enough evidence presented by the
prosecution to hold the accused for trial. 3) in federal courts, an official who conducts routine
hearings assigned by the federal judges, including preliminary hearings in criminal cases.
LAW: Criminal Law
QUOTE: Any institution which does not suppose the people good, and the magistrate
corruptible, is evil. - Maximilien Robespierre

2.

MAGNA CARTA

ETYMOLOGY: 1560s, Medieval Latin, literally "great charter" (of English personal and
political liberty), attested in Anglo-Latin from 1279; obtained from King John, June 15, 1215.
LITERAL MEANING: n. Latin for "Great Charter," it was a document delineating a series of
laws establishing the rights of English barons and major landowners and limiting the absolute
authority of the King of England. It became the basis for the rights of English citizens. It was
signed reluctantly by King John on June 15, 1215, at Runnymede, at a table set up in a field
under a canopy surrounded by the armed gentry. The Magna Carta was confirmed by John's son,
Henry III, and in turn by Henry's son, Edward I. As John Cowell would write four centuries later:
"although this charter consists of not above thirty seven Charters or Lawes yet it is of such
extent, as all the Law wee have, is thought in some form to depend on it." Essentially a document

for the nobility, it became the basis of individual rights as a part of the English Constitution,
which is generally more custom than written documents. It is also spelled Magna Charta.
LAW:
LITERARY QUOTE: Magna Carta is not primarily significant for what it was, but rather for
what it was made to be. Erwin Griswold

3.

MARRIAGE

ETYMOLOGY: from Old French mariage "marriage; dowry" (12c.), from Vulgar Latin
*maritaticum (11c.), from Latin maritatus, past participle of maritatre "to wed, marry, give in
marriage"
LITERAL MEANING: n. the joining of a male and female in matrimony by a person qualified
by law to perform the ceremony (a minister, priest, judge, justice of the peace or some similar
official), after having obtained a valid marriage license (which requires a blood test for venereal
disease in about a third of the states and a waiting period from one to five days in several).
LAW: Civil Law
LITERARY QUOTE: A successful marriage requires falling in love many times, always with
the same person. - Mignon McLaughlin

4.

MAIM

ETYMOLOGY: c. 1300, maimen, from Old French mahaignier "injure, wound, muitilate,
cripple, disarm," possibly from Vulgar Latin *mahanare (source also of Provenal mayanhar,
Italian magagnare), of unknown origin; or possibly from a Germanic source, from ProtoGermanic *mait- (source of Old Norse meia "to hurt," related to mad (adj.)), or from PIE root
*mai- "to cut."
LITERAL MEANING: v. to inflict a serious bodily injury, including mutilation or any harm
which limits the victim's ability to function physically.
LAW: Criminal Law
LITERARY QUOTE: As Palestinian terrorists continue to murder and maim Israelis, the
Obama administration is spreading malicious falsehoods about the attacks. - Marco Rubio

5.

MALFEASANCE

ETYMOLOGY: 1690s, from French malfaisance "wrongdoing," from malfaisant, from mal"badly" (see mal-) + faisant, present participle of faire "to do," from Latin facere "to do" (see
factitious). Malfeasor "wrong-doer" is attested from early 14c.
LITERAL MEANING: Intentional conduct that is wrongful or unlawful, especially by officials
or public employees. Malfeasance is at a higher level of wrongdoing than nonfeasance (failure to
act where there was a duty to act) or misfeasance (conduct that is lawful but inappropriate).
LAW: Criminal Law
LITERARY QUOTE: There's no smoking gun, no deliberate malfeasance. That's going to be a
benefit to the stock from the veil being lifted, but it's a one-time thing. - Daniel Kunstler

6.

MALICE AFORETHOUGHT

ETYMOLOGY: malice aforethought translation of Anglo-French malice purpensee; malice


prepense alteration of earlier malice prepensed (translation of Anglo-French malice purpensee),
from English malice + obsolete English prepensed premediated
LITERAL MEANING: The state of mind necessary to prove first-degree murder. The
prosecution must prove that the defendant intended to cause death or great bodily harm, or
exhibited extreme and reckless indifference to the value of life. Any intentional killing that does
not involve justification, excuse, or mitigation is a killing with malice aforethought.
LAW: Criminal Law
LITERARY QUOTE:

7.

MALPRACTICE

ETYMOLOGY: First known use was in 1670s. Place of origin is unknown.


LITERAL MEANING: An act or continuing conduct of a professional which does not meet the
standard of professional competence and results in provable damages to his/her client or patient.
LAW:

LITERARY QUOTE:

8.

MANDAMUS (man-dame-us)

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

9.

MANDATE

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

10.

MANDATORY

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

11.

MANIFEST

ETYMOLOGY:
LITERAL MEANING:
LAW:

LITERARY QUOTE:

12.

MARITAL DEDUCTION

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

13.

MARITIME LAW

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

14.

MATERIAL REPRESENTATION

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

15.

MATERIAL WITNESS

ETYMOLOGY:
LITERAL MEANING:
LAW:

LITERARY QUOTE:

16.

MATTER OF RECORD

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

17.

MAYHEM

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

18.

MEMORANDUM

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

19.

MENS REA (menz ray-ah)

ETYMOLOGY:
LITERAL MEANING:
LAW:

LITERARY QUOTE:

20.

MERCANTILE LAW

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

21.

MERGER

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

22.

MINOR

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

23.

MISAPPROPRIATION

ETYMOLOGY:
LITERAL MEANING:
LAW:

LITERARY QUOTE:

24.

MISJOINDER

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

25.

MITIGATION OF DAMAGES

ETYMOLOGY:
LITERAL MEANING:
LAW:
LITERARY QUOTE:

LEGAL MAXIMS
OBJECTIVE: To explore the literal meaning of the legal maxim featured in the play of William
Shakespeare, Measure for Measure and to explain it with contextual reference to the extracted
Shakespearean quote.
Introduction: Shakespeare as a playwright.
Shakespeare is renowned as the English playwright and poet whose body of works is
considered the greatest in history of English literature. Shakespeare was baptized on April 26,
1564 and it is assumed that he was born on April 23, 1564. In 1582, he was eighteen years,
Shakespeare married Anne Hathaway, an older women who was twenty six at the time.
Shakespeare left Stratford for London to make his fortune roughly four years later. Shakespeare
headed to London sometime in 1586, there already was an established community of

playwrights. By 1595, Shakespeare was sufficiently successful to be named as one of the more
senior members of the Lord Chamberlain's men, an acting company that performed frequently
before court. This was no small honor; this prominent theatre company later became the royal
company called the King's Men, making Shakespeare an official playwright to the King of
England. By 1596, Shakespeare was so successful as a playwright that his family was finally
granted a Coat of Arms which amongst other things allowed Shakespeare to call himself a
"gentleman". Shakespeare's fortunes were also improving during this time; in 1597 he purchased
the second largest house in Stratford which he called New Place and began buying up land
around Stratford. One year later, Shakespeare became a ten percent owner of the new purpose
built theatre in London, the famous Globe Theatre were so many of his plays would later be
performed. By 1611, Shakespeare retired, returning to Stratford and in 1616 Shakespeare died,
famously bequething his second-best bed to his wife, often seen as a sign that his marriage may
not have been happy.
Shakespeare's works are often divided into four periods beginning with what is referred
to as an experimental period starting around 1591 and ending around 1593 which includes Titus
Andronicus, Love's Labour's Lost, The Two Gentlemen of Verona, The Comedy of Errors and
The Taming of the Shrew.The second period ending around 1601, marks the establishment of
Shakespeare and includes the tragedy Romeo and Juliet, the comedies, The Merchant of Venice,
A Midsummer-Night's Dream, Much Ado about Nothing, The Merry Wives of Windsor and the
history plays, Henry IV, Parts I and II, Henry V, Richard II, King John and Julius Caesar.The
third period ending around 1610 marks perhaps the apex of Shakespeare's work with the
tragedies, Hamlet, Othello, Macbeth, King Lear but also comedies such as Twelfth Night, All's
Well that Ends Well and the epic history play, Antony and Cleopatra. The final period ends
around 1611 with the plays, Cymbeline, Henry VIII and romances such as The Tempest and The
Winter's Tale.
The Shakespeare we read today comes from The First Folio of 1623 written by fellow
actors John Heminge and Henry Condell to preserve Shakespeare's legacy. Amazingly, no
original manuscripts survive reflecting the fact that many of these manuscripts were written
purely for performance and were not regarded as pieces of literary work. There is also no general
consensus on when all the plays were first performed. It might surprise readers to know that

many of Shakespeare's plays, especially in the experimental period were hardly original,
borrowing plot features from earlier plays. Likewise with his history plays, Shakespeare
compresses events and does not follow history too closely to add to the drama. However
borrowing plots and taking liberties with historical facts was not uncommon in Shakespeare's
time and his skill for language, imagery, pun and his creative adaption of myth and history have
set Shakespeare apart as arguably the greatest playwright of all time.
Synopsis of the play: Measure for Measure:

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