Latin for Lawyers

MORATUR IN LEGE

MORATUR IN LEGE [L. morari / to delay + in + lex / the law] He causes a delay in the law. A motion on demurrer requiring a decision by the court on a given point or issue before the action can proceed. MORS CIVILIS [L. mors, mortis / death + civilis / relating to a citizen or the public] Civil death. At common law, the figurative or “virtual”death which followed banishment or imprisonment. MORTGAGE [L. mors, mortis / death + gage / security (from the French)] A security interest in property evidenced by a document conveying title but providing for its extinguishment upon payment of a fixed sum, usually in installments and with interest. A lien upon property to secure a debt; the lien is removed upon payment of the debt. MORTIS CAUSA See CAUSA MORTIS MOTION [L. moveo, movere / set in motion; move; motus / movement] A request or application to the court for a decision or order at one of various stages of a trial or proceeding, e.g., for summary judgment, for judgment as a matter of law, for a new trial, etc. A motion may be made ex party or on notice to the other party. Also, a proposal initiated by a member of a group to induce some action by the group, as a motion by a congressman to compel a vote of the House. Also, action taken by the court on its own initiative. MOTIVE [L. moveo, movere / to move or set in motion; motus / movement, motion] Purpose; the reason compelling or underlying an action. The law makes a dis tinction between motive and intent. Motive describes the thought processes which lead to or induce intent. Intent is the mental set or volition to take the action resulting from or impelled by the motive. Motive constitutes the rea sons for action; intent is the will to complete the action. In criminal trials, motive is not an essential element of the crime, but it may be introduced to prove intent. MULTIPLICITOUS, MULTIPLICITY [L. multiplico, multiplicare / to increase many times] More than several. Many. A great number. In law, more than one claim or pleading resulting from the same cause of action. Prosecutors sometimes attempt to assert several separate charges arising from or describing a single criminal act; this creates the possibility of double jeopardy for the defendant. Because double jeopardy is prohibited by the Fifth Amendment of the U.S.

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