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Maastricht
Treaty |
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See Treaty on European Union. |
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Magna Carta |
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[Latin: Great Charter / paper]. |
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King John
of England on 12 June 1215 was required to sign the Magna Carta
on the insistence of his barons. A basic set of limits were set on
the King's powers. King John had ruled tyrannically.
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His barons rebelled and committed
themselves to war with King John unless he agreed to the Charter.
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Clause 39: Has never been rescinded,
and is
the precursor of
habeas corpus
"No free man shall be seized or imprisoned,
or stripped of his rights and possessions, or outlawed or exiled, or
deprived of his standing in any other way, nor will we proceed with force
against him, or send others to do so, except by the lawful judgement of
his equals or by the law of the land." |
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Clause 54: "No one shall be arrested or imprisoned on the appeal of
a woman for the death of any person except her husband." |
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Clause 21: No longer applicable, specified that lords could
be judged only by other lords, not on ordinary courts |
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Clause 11: says that if a man dies owing money, his widow is not
responsible for his debts. The clause is anti-semitic, because it
was assumed that most moneylenders were Jews.
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Clause 38: "No official shall place a man on trial upon his
own unsupported statement, without producing credible witnesses to the
truth of it." |
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Clause 40: promised to end the system by which rich offenders could
simply buy their way out of trouble.
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For a medieval monarch to make promises like these was an extraordinary
moment in history |
Maintenance |
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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 as
in "450 pounds a month maintenance." Some countries prefer the words
"support" (spousal or child) or "alimony"
but they all mean the same thing.
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Maladministration |
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To administer or manage inefficiently
or dishonestly. Bad administration; bad management of any business,
especially of public affairs. |
Malfeasance |
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Doing something that is illegal.
Compare with misfeasance and nonfeasance.
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Mandamus |
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Mandamus is an order requiring an
inferior court or tribunal or person or body of persons charged with a
public duty to carry out its judicial or other public duty. An order of
mandamus cannot be made against the Crown (Crown Proceedings Act 1947, s
40), but it will lie against an officer of the Crown who is obliged by
statute to do some ministerial or administrative act which affects the
rights or interests of the applicant. |
Manslaughter |
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There are two principle forms of manslaughter, voluntary and involuntary.
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The former is where the defendant intends to kill but rather than being
convicted for murder is convicted of the lesser offence because of
diminished responsibility, provocation or suicide pact. The common
law was put on a statutory basis by the Homicide Act 1957. |
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Involuntary manslaughter is where the death
of the victim occurs because of a dangerous and unlawful act (formerly
called constructive manslaughter) or because death occurs through the
gross negligence of the defendant. |
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Reckless manslaughter is subsumed in Gross
Negligence manslaughter. Motor manslaughter is rarely seen in
British courts. |
Maritime law |
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A very specific body of law peculiar to
seamen, harbours and transportation by water.
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Marriage |
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The state recognised, voluntary and
exclusive contract for the lifelong union of two persons. Most countries
including the UK do not recognise marriage between same sex couples or
polygamous marriages.
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Same sex civil partnerships are precisely
that and not marriage. |
Maxwell-Fyfe, David QC |
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David Maxwell-Fyfe was born in Scotland the son of a teacher. Became a
barrister, took silk, and married Rex Harrison’s glamorous sister. At 35
became a Conservative MP.
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In 1945 he was deputy chief prosecutor at the Nuremberg trials and
was then involved with European reconstruction.
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He served on the Council of Europe as “rapporteur” (a reporting official,
chairman) on the team drafting the Convention on Human Rights. In
1951, the United Kingdom became the first country to ratify the
convention. Britain did not accept the jurisdiction of the European Court
– established in 1959 - until 1966.
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As Home Secretary Maxwell-Fyfe refused clemency to Derek Bentley
who had a mental age of 11 and was hanged after a policeman was shot dead
by his accomplice Craig who could not be hanged because he was under-age.
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Matrimony |
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The legal state of being
married. Ecclesiastics talk of the "holy" state of
matrimony.
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McKenzie friend |
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From
McKenzie v McKenzie [1970] CA |
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A
person at the side of a party in an action who could give advice, take
notes and make suggestions to the applicants in the conduct of their case. |
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Lord
Tenterden CJ said
that any person, whether a professional man or not, may attend court as a
friend, may take notes, and may quietly offer suggestions and give advice.
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The judgment in the 1999 Court of Appeal case of
R v Bow County Court, ex parte Pelling confirms that litigants in
person should be allowed the help of a McKenzie Friend in public
proceedings, held in open court or in chambers, unless the judge is
satisfied that fairness and the interests of justice do not require it.
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In an open court hearing there usually must be some justification
established if a person is not to have the benefit of a McKenzie Friend,
or some evidence that the McKenzie Friend has acted or is acting
inappropriately at the hearing which makes it reasonable to deprive the
litigant of the assistance which would otherwise be permitted.
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Where the proceedings are held in private then the nature of those
proceedings (which make it appropriate for the hearing to be in private)
may make it undesirable in the interests of justice for a McKenzie Friend
to assist. |
Measure
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Any legislative, judicial or administrative act adopted by a Community
institution or national authority. |
Mediation |
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The most popular form of alternative
dispute resolution (ADR), mediation involves the appointment of a mediator
who acts as a facilitator assisting the parties in communicating,
essentially negotiating a settlement. The mediator does not adjudicate the
issues in dispute or force a compromise; only the parties, of their own
volition, can shift their position in order to achieve a settlement. The
result of a successful mediation is called a "settlement." Compare with
arbitration. |
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Can be used in marital breakdown before
divorce, or to prevent divorce.
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Member State
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A
state which is a member of the European Communities. Depending on the
context, the term may refer to :
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the state as a person in international
law;
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the organs of government of the state,
including local authorities, the judiciary and all persons or bodies
exercising powers of a public, as opposed to a private nature;
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the state and the inhabitants of the
state; or
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the territorial area of the state.
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Mens rea |
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[Latin: guilty mind]. Many
serious crimes require the proof of "mens rea". In other words, the prosecution must prove not only that the
accused committed the offence but also that he/ she did it knowing that it
was prohibited; that their act (or omission) was done with an intent to
commit a crime, or foresaw the consequences of their actions. Mens rea can be detected in a crime from a limited
number of words than are used in the offence to indicate state of mind, e.g. "intention",
"wilfully" or "with malice".
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Other crimes considered less serious, motoring offences for example
require no mens rea and are described as offences of
strict liability. |
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Some crimes require specific knowledge as part of the mens rea for
example, knowledge or belief that the goods have been stolen is an
essential ingredient in a charge of handling stolen goods. |
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Where mens rea is required it must be proved that it occurred at the same
time as the actus reus of the
crime (referred to as contemporaneity or coincidence of actus reus and
mens rea).
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Motive is not
the same as mens rea which is a legal concept.
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Merger Treaty
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Treaty creating a single Council to take the place of the Special Council
of Ministers of the European Coal and Steel Community, the Council of the
European Economic Community and the Council of the European Atomic Energy
Community, and a single Commission to take the place of the High Authority
of the European Coal and Steel Community, the Commission of the European
Economic Community and the Commission of the European Atomic Energy
Community. |
Ministry of
Justice |
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The Ministry of Justice (MoJ) came into being in May 2007.
It comprises
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the National Offender Management
Service,
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the Office for Criminal Justice Reform
and
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the Department for Constitutional
Affairs (DCA).
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The MoJ has responsibility for the courts, sentencing, prisons,
rehabilitation plus DCA policies like voting, crown dependencies, human
rights, tribunals and freedom of information. |
Minor |
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A person who is legally underage. In
the UK, it is 18 years of age. In the USA, each state sets an age
threshold at which time a person is invested with all legal rights as an
adult. For many new adults, this may mean the right to purchase alcohol
and vote. However, there are many other legal rights that a minor does not
have such as, in some states, the right to own land, to sign a contract or
to get married.
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Minutes |
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The official record of a meeting. Some
minutes include a summary (not verbatim) of the discussion along with any
resolutions. Other minutes just contain a record of the decisions. Minutes
start with the name of the organisation, the place and date of the meeting
and the name of those person's present. Minutes are prepared by the
corporate secretary and
signed by either the president, chairperson or secretary.
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Miranda
warning |
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In the USA: also known as the
"Miranda Rule, this is the name given to the requirement that police
officers, in the U.S.A., must warn suspects upon arrest that they have the
right to remain silent, that any statement that they make could be used
against them in a court of law, that they have the right to contact a
lawyer and that if they cannot afford a lawyer, that one will be provided
before any questioning is so desired. Failure to issue the Miranda warning
results in the evidence so obtained not being admissible in the court. The
warning became a national police requirement when ordered by the US
Supreme Court in the 1966 case Miranda v Arizona and that is how
it got the name. In the UK, the equivalent is to caution under the
provision of the Police and Criminal Evidence Act 1984, formerly known as
Judges Rules.
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Misdemeanour |
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UK: A minor crime, formerly contrasted
with a felony. |
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(USA) A crime of lesser seriousness
than a felony where the punishment might
be a fine or prison for less than one year.
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Mis-feasance |
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Improperly doing something that a
person has the legal right to do. Compare with
malfeasance and nonfeasance.
The unlawful performance of a lawful act. For the tort of
"misfeasance in a public office" it is not necessary to prove malice.
In a case in 1984, the Ministry of Agriculture banned the
importation of French turkeys to protect British producers. The Court of
Appeal ruled that it did not matter that the ministry had not acted to
harm French interests but merely to protect those in Britain. It was
enough that an official knew that he was acting beyond his powers, and
that his action would financially injure others. |
Mis-joinder |
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When a person has been named as a party
to an action when that person should not have been added. When this is
asserted, a court will usually accommodate a request to amend the court
documents to strike out, or substitute for, the name of the mis-joined
party. Compare with non-joinder.
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Misrepresentation |
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A false and material statement which
induces a party to enter into a contract.
This is a ground for rescission of the
contract.
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Missives |
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In Scotland, letters and other
writings exchanged by parties negotiating for a contract - nearly always
to buy and sell 'heritage'.
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Mistrial |
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A partial or complete trial which is
found to be null and void and of no effect because of some irregularity.
The sudden end of trial before it would ordinarily end because of some
reason, which invalidates it. Once a mistrial is declared, the situation
is as if the trial had never occurred. Some common reasons for a mistrial
include a deadlocked jury, the death of a juror or a serious procedural
and prejudicial mistake made at the trial that cannot be corrected.
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Mitigating circumstances |
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These are facts that, while not
negating an offence or wrongful action, tend to show that the defendant
may have had some grounds for acting the way he/she did. For example,
assault, though provoked, is still
assault but provocation may constitute mitigating circumstances and allow
for a lesser sentence.
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Mitigation of damages |
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A person who sues another for damages
has a responsibility to minimise those damages, as far as reasonable. For
example, in a wrongful dismissal
action, the person that was sacked should make some effort to find another
job so as to minimise the economic damage on themselves. |
Mode of Trial |
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A procedure in the magistrates’ court where,
in either-way cases a not guilty plea or no plea is indicated, a decision
is made as to whether the trial is to take place in the magistrates’ court
or Crown Court, depending upon seriousness |
Modus
operandi |
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[Latin: method of operation]. Used by
law enforcement officials to refer to a criminal's preferred method of
committing crime. For example, car thief "George" may have a break and
enter technique that leaves a long scratch mark on the door. Upon
discovery of a stolen vehicle with such a mark, the police might include
"George" in the list of suspects because the evidence at the crime scene
is consistent with his "modus operandi."
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Moiety |
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Half of something. For example, it can
be said that joint tenants hold a moiety
in property. In old criminal law, there were "moiety acts" which allowed
half of the fine money to be handed over to the informer.
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Monopoly |
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A commercial advantage enjoyed by only
one or a select few companies in which only those companies can trade in a
certain area. Some monopolies are legal, such as those temporarily created
by patents. Others are secretly built by
conspiracy between two or more companies and are prohibited by law.
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Moot |
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Also called a "moot point": a side
issue, problem or question which does not have to be decided to resolve
the main issues in a dispute.
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Moot court |
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Fictional or hypothetical trial,
usually hosted by law schools, as training for future
barristers or
solicitors.
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Motor
Insurers Bureau (MIB) |
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The MIB was established in 1946 to
compensate victims of untraced or uninsured drivers. |
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By virtue of the Road Traffic Act 1988
every motor insurance company is obliged to contribute towards its
funding. It is estimated that every insured motorist pays £30 extra
annually on their policy to cover the costs of the MIB. |
Motive |
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The purpose behind an action, to be distinguished from the legal concept
of mens rea.
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Motive therefore is not normally relevant in prosecutions, except in cases
of libel. Although motive may provide
circumstantial evidence that the defendant is guilty of the crime alleged
it is rarely relevant. |
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A
"good" motive, for example to kill a loved one to prevent them from
suffering does not affect guilt so
euthanasia is still murder.
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Motive may have some relevance in the crime of
libel.
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Motive goes to mitigation and can be taken into account in deciding
sentence. |
Moratorium |
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The temporary suspension of legal
action against a person.
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Mortgage |
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An interest given on a piece of land,
in writing, to guarantee the payment of a debt or the execution of some
action. It automatically becomes void when the debt is paid or the action
is executed. In some jurisdictions, it entails a conveyance of the land
until the debt is paid in full. The person lending the money and receiving
the mortgage is called the mortgagee; the person who concedes a mortgage
as security upon their property is called a mortgagor. Popularly
people talk of "getting a mortgage" from a bank or building society when
in fact it is they that give the mortgage against the loan of the money.
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Multiplepoinding |
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An action in Scotland, (pronounced "multiplepinding")
is a civil action to sort out a number of conflicting claims on, for
example, a frozen Bank Account.
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Murder |
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Intentional taking of another person's
life, without legal justification or provocation.
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"Murder is when a man of sound
memory and of the age of discretion, unlawfully killeth within any county
of the realm any reasonable creature in rerum natura under the king's
peace, with malice aforethought, either expressed by the party or implied
by law...so that the wounded party shall die of the wound or hurt, (within
a year and a day of the same." This last sentence removed by The Law
Reform (Year and a Day Rule) Act 1996
(Derived
from Coke's Institutes, 3 Co Inst 47)(17th Century) |
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Under the
Crime
(Sentences) Act 1997 a second conviction for attempted murder carries
a mandatory sentence of life imprisonment. |
Murmuring (a
judge) |
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The offence of publicly criticising, or "murmuring", a judge, or for
jurors to openly discuss their deliberations after they reach a verdict. |
mutatis mutandis |
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[Latin: When the necessary changes have been made] Draws the reader's
attention to the difference between one statement and another. |
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