Page 50 - Expert Witness

market share. The percentage of the market for a product that a firm supplies, usually calculated by
dividing the firm’s output by the total market output. In antitrust law, market share is used to
measure a firm’s market power, and if the share if high enough (generally 70% or more), then
the firm may be guilty of monopolization.

mediation. See case evaluation.

mediator. A person serving as a neutral third party in mediation who tries to help the disputing par-
ties reach a mutually agreeable solution.

metadata. The digital attributes of electronic documents that are appended to those documents either
during their creation or use in their native application. Metadata is created and exists in its natu-
ral state before the electronic discovery process is initiated. The existence of metadata is refer-
enced in the comments to the proposed Federal Rules of Civil Procedure and is characterized as
the historical, managerial, and tracking components of a document or file; these components can
be lost when the document I printed to paper or quasipaper. fn 27

mirror. To copy automatically to another storage location.

misappropriation. The dishonest application of another’s property or money to one’s own use.

mitigate. To make less severe or intense.

mitigation-of-damages doctrine. The principle requiring a plaintiff, after an injury or breach of
contract, to make reasonable efforts to alleviate the effects of the injury or breach.

mock trial. A fictitious trial organized to allow law students, or sometimes lawyers, to practice the
techniques of trial advocacy.

motion. A written or oral application requesting a court to make a specified ruling or order.

motion for summary judgment. A request that the court enter judgment without a trial because
there I no genuine issue of material fact to be decided by a fact finder. That is because the evi-
dence is legally insufficient to support a verdict in the nonmovant’s favor. See Rule 56, "Sum-
mary Judgment," of the Federal Rules of Civil Procedure.

motion in limine. A pretrial request that certain inadmissible evidence not be referred to or offered
at the trial. Typically, a party makes this motion when it believes that mere mention of the evi-
dence during the trial would be highly prejudicial and could not be remedied by an instruction to
disregard.

motion to compel discovery. A party’s request that the court force the party’s opponent to respond
to the party’s discovery request (for example, to answer interrogatories or produce documents).
See Rule 37(a) of the Federal Rules of Civil Procedure.

fn 27 Ibid.

48 © 2020 Association of International Certified Professional Accountants