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Glossary of Transportation Law Terms
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Maintenance Operational Check: Systems check made
on the ground through engine run-up and taxiing. Checks made
using auxiliary power or testing equipment to simulate,
insofar as possible, actual conditions under which the
system is to operate. These checks are made to ensure that
aircraft systems or components disturbed during an
inspection or maintenance have been repaired or adjusted
satisfactorily.
Main Track: A track extending through yards and
between stations which must not be occupied without
authority or protection.
Mallet Locomotive: Designed originally by Anatole
Mallet in 1884, the design was a compound locomotive with
two sets of engines on bogie frames. Later versions were
simple expansion locomotives and were developed in the US to
the largest locomotives ever built, the Union Pacific
4-8-8-4 'Big Boy' class. A Mallet has the boiler
rigidly fixed to the rear engine unit.
Malpractice (as it relates to Maritime Law): A
carrier giving a customer illegal preference to attract
cargo. This can take the form of a money refund (rebate);
using lower figures than actual for the assessment of
freight charges (undercubing); misdeclaration of the
commodity shipped to allow the assessment of a lower tariff
rate; waiving published tariff charges for demurrage, CFS
handling or equalization; providing specialized equipment to
a shipper to the detriment of other shippers, etc.
Manifold, Steam: The steam pipe in the cab which
supplied all the cab control valves such as the whistle,
injectors, carriage heating, blower, sanding etc.
Sometimes referred to as the 'steam fountain'. In the
US it was known as the 'turret'.
Marine Insurance: Broadly, insurance covering loss
or damage of goods at sea. Marine insurance typically
compensates the owner of merchandise for losses sustained
from fire, shipwreck, etc., but excludes losses that can be
recovered from the carrier.
Maritime: Business pertaining to commerce or
navigation transacted upon the sea or in seaports in such
matters as the court of admiralty has jurisdiction.
Mast: A long pole or spar of timber set upright on
a ship's keel to support the sails.
Mediation: A hearing for a case where the injured
party has concerns regarding his/her rights. The mediation
can be held for claims concerning a definite period of time,
a claim for medical bills only, a case where the injured
party is not represented by an attorney, and if the bureau
determines that the case may be settled through mediation.
The bureau will review the case and advise the injured party
with a concise explanation of his/her rights and
responsibilities under the act, including a reasonable
estimate of the maximum amount of benefits in which the
injured party would be entitled to if the case was approved.
At the mediation the parties involved are the carrier,
injured worker, attorney (if any), and a mediator.
Mental Anguish: Mental suffering. In some cases,
damages may be awarded for mental anguish even though no
physical injury is present.
Midship: A contraction of amidships and
consequently, in a general sense, it refers to the middle of
the ship.
Motion: A request asking a judge to issue a ruling
or order on a legal matter.
Motion For A New Trial: Request in which a losing
party asserts that a trial was unfair due to legal errors
that prejudiced its case.
Motion For Directed Verdict: A request made by the
defendant in a civil case. Asserts that the plaintiff has
raised no genuine issue to be tried and asks the judge to
rule in favor of the defense. This motion is typically made
after the plaintiff is done presenting his or her case.
Motion For Summary Judgment: A request made by the
defendant in a civil case. Asserts that the plaintiff has
raised no genuine issue to be tried and asks the judge to
rule in favor of the defense. This motion is typically made
before the trial.
Motion To Dismiss: In a civil case, a request to a
judge by the defendant, asserting that even if all the
allegations are true, the plaintiff is not entitled to any
legal relief and thus the case should be dismissed.
Motion To Suppress Evidence: A request to a judge
to keep out evidence at a trial or hearing often made when a
party believes the evidence was unlawfully obtained. |