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  <%-- Page Title--%> Issue No 105 <%-- End Page Title--%>  

August 17, 2003 

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Magna Carta
Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King's powers. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter. Held to be the precursor of habeas corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ... except by lawful judgement of his peers or by the law of the land". Click here to see the full text of the Magna Carta.

Maintenance
Refers to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. Maintenance is usually expressed in a currency amount per month. Some countries prefer the words "support" (spousal or child) or "alimony" but they all mean the same thing.

Mandamus
A writ which commands an individual, organisation (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.

Manslaughter
Accidental homicide or homicide which occurs without an intent to kill, and which does not occur during the commission of another crime or under extreme provocation.

Marriage
The state-recognised, voluntary and exclusive contract for the lifelong union of two persons. Most countries do not recognise marriage between same-sex couples or polygamous marriages.

Massachusetts trust
A unique way to organise a business where the property is bought by, or transferred to, a trustee (such as a trust company) and the trustee issues trust "units", which the investors, or their designates, hold as beneficiaries. This is a common way to structure a large real estate purchase.

Mens rea
Latin for "guilty mind." Many serious crimes require the proof of "mens rea" before a person can be convicted. In other words, the prosecution must prove not only that the accused committed the offence but that he (or she) did it knowing that it was prohibited; that their act (or omission) was done with an intent to commit a crime.

 









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