Latin for Lawyers

MEDIATE

MEDIATE [L. medius / middle, midpoint, to be in the middle] To interecede between two conflicting parties to enable them to reach agree ment or reconcile their differences. To hear both sides of a dispute and offer an acceptable compromise. The function is carried out by a mediator , who can suggest compromises but cannot impose a decision. In this, he is different from an arbitrator, whose decision is final. See ARBITRATE MELIORATION [L. melior / better, the comparative form of bonus / good] The process of improving a property or object. In equity, the doctrine which allows the court to compensate an occupant who has made improvements to real property. MEMENTO MORI [L. memini, meminisse / to remember, recall + mors, mor tis / death. Anything that reminds us of our mortality; a sign of death. MEMORANDUM [L. memoro, memorare / to call to mind, tell, relate] A note or reminder. An informal note setting down the terms of a decision or agreement. A written summary of a transaction that is meant to serve as a guide for the draftsman of the formal contract or instrument. MEMORANDUM CLAUSE A clause in a marine insurance policy limiting the liability of the insurer with respect to certain risks, e.g., a loss to unusually perishable goods. MEMORANDUM DECISION A short statement by the court usually in a single paragraph, announcing its decision on a motion or at the end of the trial, without opinion. MENACE [L. minitor, minitare / to threaten] A threat or a display of intent to harm or injure. A fear of force or bodily harm. To act in a threatening way. Also, a person who is deemed a threat to public safety or who threatens others. MENS Mind, understanding, intellect, judgment. MENSA ET THORO [L. mensa / a table + thoro / bed, resting place]

From bed and board. A divorce. See A MENSA ET THORO MENS LEGIS [L. mens / mind + lex, legis / law] The mind or spirit of the law. The purpose of the law.

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