were placed in state custody. The girl who called authorities indicated that she was suffering abuse at the hands of an adult male, to whom she was spiritually married. The police said that they had taken the children upon the belief that they had been abused or were exposed to an immediate risk of abuse. The Texas Supreme Court ultimately ruled that the seizure was not justified and that the children should be returned to their parents. The controversy related to this raid continued well into 2009, with state officials defending their actions and FLDS Church supporters faulting them for acting pursuant to a telephone call that is now largely recognized to have been a hoax. FURTHER READINGS Abanes, Richard. 2003.One Nation under Gods: A History of the Mormon Church. New York: Basic Books. Acts, Resolutions and Memorials Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah. 1855. Salt Lake City: Caine. Eliason, Eric A., ed. 2001. Mormons and Mormonism: An Introduction to an American World Religion. Urbana: Univ. of Illinois Press. Flor, Victoria Slind. 1998. “Mormons’ Impact on the Law Isis Singular; a Coherent World View Informs Approach to Lawmaking, Lawsuits, the Constitution and Lawyers.” The National Law Journal 21 (October 26): A1. Homer, Michael. 1996. “The Judiciary and the Common Law in Utah.” Utah Bar Journal 9 (September). Mauro, Tony. 2003. “Mormon Land Dispute Tests First Amendment.” Legal Times 26 (April 28): 11. Ostling, Richard, and Ostling, Joan K. 2000. Mormon America: The Power and the Promise. San Francisco: Harper San Francisco. The Church of Jesus Christ of Latter-Day Saints Web site. Available online at www.lds.org (accessed May 25, 2009). The Fundamentalist Church of Jesus Christ of Latter-day Saints Web site. Available online at www.fldstruth.org (accessed May 25, 2009). MORTALITY TABLES Such tables are used by insurance companies to determine the premium to be charged for those in the respective age groups. MORTGAGE A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds in the county where the mortgage was recorded. Because most people cannot afford to buy real estate with cash, nearly every real estate transaction involves a mortgage. The party who borrows the money and gives the mortgage (the debtor) is the mortgagor; the party who pays the money and receives the mortgage (the lender) is the mortgagee. Under early English and U.S. law, the mortgage was treated as a complete transfer of title from the borrower to the lender. The lender was entitled not only to payments of interest on the debt but also to the rents and profits of the REAL ESTATE. This meant that as far as the borrower was concerned, the real estate was of no value, that is, “dead,” until the debt was paid in full— hence the Norman-English name “mort” (dead), “gage” (pledge). The mortgage must be executed according to the formalities required by the laws of the state where the property is located. It must describe the real estate and must be signed by all owners, including non-o wner spouses, if the property is a HOMESTEAD. Some states require witnesses as well as acknowledgement before a NOTARY PUBLIC. The mortgage note, in which the borrower promises to repay the debt, sets out the terms of the transaction: the amount of the debt, the mortgage due date, the rate of interest, the amount of monthly payments, whether the lender requires monthly payments to build a tax and insurance reserve, whether the loan may be repaid with larger or more frequent payments without a prepayment penalty, and whether failing to make a payment or selling the pro- perty will entitle the lender to call the entire debt due. STATE COURTS have devised varying theories of the legal effect of mortgages: Some treat the mortgage as a conveyance of the title, which can be defeated on payment of the debt; others regard it as a LIEN, entitling the borrower to all of the rights of ownership, as long as the terms of the mortgage are observed. In California, a DEED OF TRUST to a trustee who holds title for the lender is the preferred security instrument. At COMMON LAW, if the borrower failed to pay the debt in full at the appointed time, the bor- rower suffered a complete loss of title, however long and faithfully the payments had been made. Courts of equity, which were originally ECC- LESIASTICAL COURTS , had the authority to decide GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 128 MORTALITY TABLES cases on the basis of moral obligation, fairness, or justice, as distinguished from the law courts, which were bound to decide strictly according to the common law. Equity courts softened the harshness of the common law by ruling that the debtor could regain title even after default, but before it was declared forfeited, by paying the debt with interest and costs. This form of relief is known as the “equity of redemption.” Nowadays, nearly all states have enacted statutes incorporating the EQUITY OF REDEMPTION, and many also have enacted periods of redemption, specifying lengths of time within which the borrower may redeem. Although some debtors, or mortgagors, are able to avoid FORECLOSURE through the equity of redemption, many are not, because redeeming means coming up with the balance of the mortgage plus interest and costs, something that a financially troubled debtor might not be able to accomplish. However, because foreclosure upends the agreement between mortgagor and mortgagee and creates burdens for both parties, lenders are often willing to work with debtors to help them through a period of temporary difficulty. Debtors who run into problems meeting their mortgage obligations should speak to their lender about developing a plan to ave rt foreclosure. Failure to redeem results in foreclosure of the borrower’ s rights in the real estate, which is then sold by the county sheriff at a public foreclosure sale. At a foreclosure sale, the lender is the most frequent purchaser of the property. If the bid at the sale is less than the debt, even if it is for FAIR MARKET VALUE, the lender may be granted a DEFICIENCY JUDGMENT for the balance of the debt against the debtor, with the right to resort to other assets or income for its collection. Often other creditors bid at the sale to protect their interest as judgment creditors, second mortgagees, or MECHANIC’S LIEN clai- mants. All such persons must be notified of the foreclosure suit and must be given a right to bid at the sale to protect their claims. Similar protections are afforded transactions involving deeds of trust. A fixed-rate mortgage carries an interest rate that will be set at the inception of the loan and will remain constant for the length of the mortgage. A 30-year mortgage will have a rate that is fixed for all 30 years. At the end of the 30th year, if payments have been made on time, the loan is fully paid off. To a borrower, the advantage is that the rate will remain constant, and the monthly payment will remain the same throughout the life of the loan. The lender is Mortgage Debt Outstanding, by Type of Property and Holder, in 2008 a TYPE OF PROPERTY TYPE OF HOLDER a In billions of dollars. SOURCE: Board of Governors of the Federal Reserve System, Mortgage Debt Outstanding, available online at http://www.federalreserve.gov/econresdata/ releases/mortoutstand/current.htm (accessed July 13, 2009). Mortgage pools or trusts $7,539 Commercial banks $3,759 Life insurance companies $336 Individuals and others $1,292 Federal and related agencies $760 Savings institutions $993 Residential non-farm, one-to-four family homes $11,139 Residential non-farm, five or more units $878 Farm $110 Commercial $2,551 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION MORTGAGE 129 A sample mortgage note. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Mortgage Note FOR VALUE RECEIVED, We, the undersigned, the promisors and mortgagors, hereinafter called Borrowers, jointly and severally promise and agree as follows: To pay to the order of State of Wisconsin, Department of Veterans Affairs, Promisee and Mortgagee, hereinafter called Lender, its successors and assigns, at its offices in Madison, Wisconsin, or such other place as may be designated by the holder of this mortgage note, the principal sum of ________________________________________________________________________________________ DOLLARS ($ ________________________ ), and such additional sums as may be subsequently advanced to or on behalf of the Borrowers by the Lender, together with interest at the rate of ___________ percent per annum on the unpaid principal balance until the loan shall have been fully paid, such principal and interest shall be due and payable in monthly installments of _________________________________ _____________________ DOLLARS ($ ___________________) on the first day of each and every month beginning _______________ ___________________________________________________________________________. NOTWITHSTANDING any other provisions in this note or the mortgage given as collateral security hereto, the entire sum due hereon, including any additional advances, shall be paid in full within the time prescribed by law. There is no prepayment penalty and any amount may be prepaid at any time. Any partial prepayment shall be applied against the principal amount outstanding and shall not extend or postpone the due date of any subsequent monthly installments or change the amount of such installments, unless the holder of this note shall otherwise agree in writing. In the event of default in the payment of any installment under this note, and if the default is not made good prior to the due date of the next such installment, the entire principal sum with accrued interest shall at once become due and payable without notice at the option of the holder of this note. Failure to exercise this option shall not constitute a waiver of the right to exercise it at any other time. The undersigned Borrowers shall pay to the Lender a late charge of 4% of any monthly installment not received by the Lender within 15 days after the installment is due. The indebtedness evidenced by this note is secured by a real estate mortgage to the Lender, dated of even date herewith on the mortgaged premises, and reference is made thereto for rights as to the acceleration of the indebtedness evidenced by this note and all of the terms and conditions of said mortgage are hereby incorporated herein and made a part of this note. The Borrowers, jointly and severally, hereby waive notice of and consent to any and all extensions of this note, or any part thereof, without notice, and hereby waive demand, presentment for payment, notice of non-payment and protest. This note shall be the joint and several obligation of the Borrowers and shall be binding upon them and their heirs, personal representatives, successors and assigns. If only one person executes this mortgage note, the term “Borrowers” and the use of the plural number herein shall be read and construed accordingly. If any clause or clauses herein are hereinafter declared unconstitutional or in violation of Wisconsin Statutes, it shall not affect the validity of the remaining provisions of this instrument. Executed at _________________________________________________________, Wisconsin, this _________________________ day of _______________________________________________________. (EXECUTE ORIGINAL ONLY) _______________________________________________________ _____________________________________________ (SEAL) (Address) _______________________________________________________ _____________________________________________ (SEAL) (Address) WDVA 2308 (01/02) You can print the most recent version of this form from the WDVA website at http://dva.state.wi.us/forms.asp. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 130 MORTGAGE taking the risk that interest rates will rise and that it will carry a loan at below-market interest rates for some or part of the 30 years. Because of this risk, there is usually a higher interest rate on a fixed-rate loan than the initial rate and payments on adjustable rate or balloon mort- gages. If the rates fall, homeowners may pay off the loan by refinancing the house at the then- lower interest rate. An adjustable-rate mortgage (ARM) pro- vides a fixed initial interest rate and a fixed initial monthly payment for a short period of time. With an ARM, after the initial fixed period, which can be anywhere from six month s to six years, both the interest rate and the monthly payments adjust on a regular basis to reflect the then-current market interest. Some ARMs may be subject to adjustment every three months, while others may be adjusted once per year. Moreover, some ARMs limit the amount that the rates may change. While an ARM usually carries a lower initial interest rate and a lower initial monthly payment, the purchaser is taking the risk that rates may rise in the future. An alternative form of financing, usually a last resort for those who do not qualify for other mortgages, is called “owner financing” or “owner carryback.” The owner finances or “carries” all or part of the mortgage. Owner financing often involves balloon mortgage payments, as the monthly payments are fre- quently interest-only. A balloon mortgage has a fixed interest rate and a fixed monthly payment, but after a fixed period of time, such as five or ten years, the whole balance of the loan becomes due at once, meaning that the buyer must either pay the balloon loan off in cash or refinance the loan at current market rates. Beginning in the late 1990s, a new type of financing emerged that allowed individuals with poor credit and low incomes to purchase homes. A “sub-prime mortgage” signified a mortgage with a low down payment or no down payment, a higher interest rate and higher fee s. The mortgages also were adjustable-rate instru- ments, with very small interest rates during the first year or two of the mortgage, and then a higher in terest rate afterward. By 2006, the Wall Street Journal estimated that 61 percent of the mortgages in the U.S. were sub-p rime. The housing bubble began to burst in 2006, due in large part to sub-prime mortgagors who could not afford to pay when the interest rates were adjusted upwards. Skyrocketing foreclosure rates beginning in 2007 played a significant part in the decline of the U.S. economy into recession in 2008. A home-equity loan is usually used by homeowners to borrow some of the equity in the home. This may raise the monthly housing payment considerably. More and more lenders are offering home-equity lines of credit. The interest might be tax-deductible because the debt is secured by a home. A home-equity line of credit is a form of revolving credit secured by a home. Many lenders set the credit limit on a home-equity line by taking a percentage of the home’s appraised value and subtra cting from that the balance owed on the existing mortgage. In determining the credit limit, the lender will also consider other factors to determine the homeowner’s ability to repay the loan. Many home-equity plans set a fixed period durin g which money may be borrowed. Some lenders require full payment of any outstanding balance at the end of the period. Home-equity lines of credit usually have variable, rather than fixed, interest rates. The variable rate must be based on a publicly avai- lable index such as the prime rate published in major daily newspapers or a U.S. Treasury bill rate. The interest rate for borrowing under the home-equity line will change in accordance with the index. Most lenders set the interest rate at the value of the index at a particular time plus a margin, such as 3 percentage points. The cost of borrowing is tied directly to the value of the index. Lenders sometimes offer a temporarily discounted interest rate for a home-equity line. This is a rate that is unusually low and that may last for a short introductory period of merely a few months. The costs of setting up a home-equity line of credit typically include a fee for a property appraisal, an application fee, fees for attorneys, title search, mortgage preparation and filing fees, property and TITLE INSURANCE fees, and taxes. There also might be recurring mainte- nance fees for the account, or a transaction fee every time there is a draw on the credit line. It might cost a significant amount of money to establish the home-equity line of credit, al- though interest savings often justify the cost of establishing and maintaining the line. The federal TRUTH IN LENDING ACT, 15 U.S.C.A. §§ 1601 set. seq., requires lenders to disclose GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION MORTGAGE 131 the important terms and costs of their home- equity plans, including the APR, miscellaneous charges, the payment terms, and information about any variable-rate feature. If the home involved is a principal dwelling, the Truth in Lending Act allows three days from the day the account was opened to cancel the credit line. This right allows the borrower to cancel for any reason by informing the lender in writing within the three-day period. The lender then must cancel its security interest in the property and return all fees. A second mortgage provides a fixed amount of money that is repayable over a fixed period. In most cases, the payment schedule calls for equal payments that will pay off the entire loan within the loan period. A second mortgage differs from a home-equity loan in that it is not a line of credit, but rather a more traditional type of loan. The traditional second-mortgage loan takes into account the interest rate charged plus points and other finance charges. The annual percentage rate for a home-equity line of credit is based on the periodic interest rate alone. It does not include points or other charges. A reverse mortgage works much like a traditional mortgage, only in reverse. It allows homeowners to convert the equity in a home into cash. A reverse mortgage permits retired homeowners who own their home and have paid all of their mortgage to borrow against the value of their home. The lender pays the equity to the homeowner in either payments or a lump sum. Unlike a standard home-equity loan, no repayment is due until the home is no longer used as a principal residence, a sale of the home, or the death of the homeowner. A deed of trust is similar to a mortgage, with one important exception: If the borrower breaches the agreement to pay off the loan, the foreclosure process is ty pically much quicker and less co mplicated than the formal mortgage-foreclosure proce ss. Whereas a mort- gage involves a relationship between the bor- rower/homeowner and the bank/lender, a deed of trust involves the homeowner, the lender, and a title insurance company. The title insurance company holds LEGAL TITLE to the real estate until the loan is paid in full, at which time the company transfers the property title to the homeowner. Subdivision or condominium-develop ment mortgages that cover a large tract of land are blanket mortgages. A blanket mortgage makes possible the sale of individual lots or units, with the proceeds applied to the mortgage, and partial release of the mortgage recorded to clear the title for that lot or unit. Construction mortgages need special treat- ment depending on state construction-lien law. Often the loan proceeds are placed in ESCROW with title insurance companies to make certain that the mortgage remains a first lien, with priority over contractors’ construction liens. Open-end mortgages make possible addi- tional advances of money from the lender without the necessity of a new mortgage. The time of repayment may be extended by a recorded extension of mortgage. Other real estate may be added to the mortgage by a spreading agreement. Mortgaged real estate may be sold, with the buyer taking either “subject to” or by “assuming” the mortgage. In the former case, the buyer acknowledges the existence of the mortgage and, upon default, may lose the title. By assuming the mortgage, the buyer pro- mises to repay the debt and may be personally liable for a deficiency judgment if the sale brings less than the debt. Lenders regularly assign mortgages to other investors. Assignments with recourse are guar- antees by the one who assigns the mortgage that that party will collect the debt; those WITHOUT RECOURSE do not contain such guaran- tees. Assignments with recourse usually involve lower-risk properties or those of relatively stable or rising value. Assignments without recourse tend to involve riskier properties. Mortgages assigned without recourse are often sold at a price discounted well below their market value. Before the Great Depre ssion of the 1930s, most mortgages were “straight” short-te rm mortgages, requiring payments of interest and lump-sum principal, with the result that when incomes dropped, many borrowers lost their properties. That risk is minimized in the early 2000s because commercial lenders take fully amortized mortgages, in which part of the periodic payment applies first to interest and then to principal, with the balance reduced to zero at the end of the term. Several agencies of the federal government have assisted the mortgage market by infusion of capital and by guarantees of repayment of mortgages. The Federal Housing Administra- tion made possible purchases of real estate at GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 132 MORTGAGE low interest rates and with low down payments. The U.S. Department of Veterans Affairs (VA) also guarantees home loans to certain veterans on favorable terms. Both agencies contributed greatly to the growth of the housing market after WORLD WAR II. During the late 1950s, private corporations began insuring repayment of conventional mortgages. The GOVERNMENT NATIONAL MORTGAGE ASSOCIA- TION (Ginnie Mae), created by the U.S. govern- ment in 1968, enables investors to trade in mortgages by guaranteeing mortgage-backed SECURITIES. The FEDERAL NATIONAL MORTGAGE ASSOCI- ATION (Fannie Mae) is a private corporation, chartered by the U.S. government, that bolsters the supply of funds for home mortgages by buying mortgages from banks, insurance com- panies, and savings and loans. FURTHER READINGS Bitner, Richard. 2008. Confessions of a Subprime Lender: An Insider’s Tale of Greed, Fraud, and Ignorance. New York: Wiley. Brownell, Charles. 2008. Subprime Meltdown: From U.S. Liquidity Crisis to Global Recession. New York: Creative- Space. Muolo, Paul & Padilla, Matthew. 2008. Chain of Blame: How Wall Street Caused the Mortgage and Credit Crisis. New York: Wiley. CROSS REFERENCE Amortization. MORTMAIN [French, Dead hand.] A term to denote the conveyance of ownership of land or tenements to any corporation, religious or secular. Traditionally, such transfers were made to religious corporations. Like any corporation, the religious society had unlimited, perpetual duration under the law. It could, therefore, hold land permanently unlike a natural person, whose property is redistributed upon his or her death. The holdings of religious corpora- tions grew as contributions were received from their members. Because such holdings were immune from responsibilities for taxes and payment of feudal dues, greater burdens were placed on noncorporate secular property. Therefore, land in mortmain was said to be held in perpetuity in one dead hand, that of the corporation. MORTMAIN ACTS Statutes designed to prevent lands from being perpetually possessed or controlled by religious corporations. The first mortmain act in England was enacted during the reign of King Edward I. A later statute passed during the reign of King George II was the model for subsequent mort- main acts in that it prevented the transfer of lands to charities unless the gift complied with certain requirements. Mortmain acts have been abolished by statute. In the law governing wills, statutes based upon the original mortmain acts have been passed in some states to restrict the power of a testator to make gifts to charities. These modern statutes, also called mortmain acts, protect only the immediate family of a decedent from dis- inheritance by death-bed gifts to charities when the will is executed within the statutory period. v MOSELEY BRAUN, CAROL ELIZABETH Carol Moseley Braun was the first woman and first African American to serve as assistant majority leader of the Illinois HOUSE OF REPRE- SENTATIVES ; later, she became the first woman and first African American to hold executive office in Cook County (Chicago), Illinois. In 1992, she became the first African American woman from the state of Illinois to be elected to the U.S. Senate, where she served until 1998. Carol Elizabeth Moseley was born on August 16, 1947 in Chicago, the daughter of a police officer and a medical technician. She earned her Bachelor of Arts degree from the University of Illinois at Chicago in 1969. She then went to the University of Chicago Law School, where she was awarded her JURIS DOCTOR degree in 1972. After earning her law degree, she spent one year as an associate with the firm of Davis, Miner, and Barnhill. In 1973 Moseley Braun was appointed assistant U.S. attorney for the Northern District of Illinois, a position she held until 1977. Her election to the Illinois state legislature in 1978 started her on the road that would eventually lead to the U.S. Senate. While a member of the Illinois House, Moseley Braun rose to the position of assistant majority leader, becoming the first African American and the first woman to do so. HOW WE CHARACTERIZE THE DEBATE WILL HAVE A CRITICAL IMPACT ON HOW WE CHARACTERIZE THE OUTCOME . —CAROL MOSELEY BRAUN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION MOSELEY BRAUN, CAROL ELIZABETH 133 Moseley Braun’s last position before being elected to the U.S. Senate was Cook County recorder of deeds and registrar of titles. She was also the first woman and first African American to hold this, or any, executive office in Cook County. Moseley Braun entered the Illinois primary and upset two-term Demo cratic INCUMBENT Alan J. Dixon. She then played upon voters’ unhappi- ness with the sagging U.S. economy to clinch her victory over Republican Richard S. Williamson and to become the first African American woman elected to the U.S. Senate. Moseley Braun’s rise to national office was not without controversy. During her campaign against Williamson, it was reported that she had received more than $28,000 in royalty payments from the sale of timber on land owned by her mother, a nursing home resident whose care was being paid for by MEDICAID. Moseley Braun did not report the income to either the INTERNAL REVENUE SERVICE or Medicaid, as required by law. She later repaid the state $15,239 for her mother’s nursing home expenses. During her term in the Senate, Moseley Braun was appointed to some of the most powerful and influential Senate committees: Banking, Housing and Urban Affairs; Small Business; and Judiciary. She also became a member of the Congressional Black Caucus. In May 1993, just a few months after her induction into the Senate, she challenged Senator Strom Thurmond(R-S.C.), the Senate’s most senior member at the time. The two debated a bill that would have extended the design patent on the insignia of the United Daughters of the CONFEDERACY (UD C), which featured the Confederate flag. Arguing that the flag was a symbol of a time in U.S. history when African Americans were held as human CHATTEL under the flag of the Confederacy, Moseley Braun persuaded her colleagues on the Judiciary Committee not to extend the UDC patent. The issue was not dead, however. In July 1993 Senator JESSE HELMS (R-N.C.) included the patent extension as an amendment to another Carol Moseley Braun 1947– ▼▼ ▼▼ ❖ 1950–53 Korean War 1961–73 Vietnam War ◆ ◆ ◆◆ ◆ 1947 Born, Chicago, Illinois 1939–45 World War II ◆ 1968 Shirley Chisholm became first African American woman elected to U.S. House ◆ ◆ ◆ 1972 Earned J.D. from University of Chicago Law School 1973 Appointed assistant U.S. attorney for the Northern District of Illinois 1978–88 Served in the Illinois Legislature 1992 Became first African American woman elected to U.S. Senate 1993 Appointed to key Senate committees including Banking and Judiciary; successfully fought patent design extension for United Daughters of the Confederacy insignia 1994 Denied allegations of campaign funding inconsistencies 1995 Supported Multiethnic Placement Act, which prohibited child placement agencies from delaying or denying cross-racial adoptions 1996 Not penalized in audit by Federal Election Commission into 1992 campaign finances that found errors and illegal contributions 1998 Lost reelection to Senate 1999–2001 U.S. Ambassador to New Zealand 2003 Announced bid for Democratic presidential nomination; dropped out of race in early 2004 ◆ 1950 1975 Carol Moseley Braun. ª RON SACHS/CNP/ CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 134 MOSELEY BRAUN, CAROL ELIZABETH bill. The Senate voted 52–48 to approve the amendment. Undaunted, Moseley Braun vowed to FILIBUSTER to reverse the vote. She lobbied her fellow Senators to reconsider the vote on the Helms amendment. She argued that the Con- federate flag had no place in our modern times, no place in the Senate, and no place in our society. The Senate reconsidered its vote and finally tabled the Helms amendment, effectively killing it, by a vote of 75–25. Moseley Braun was narrowly defeated for re-election in 1998, losing to wealthy Republi- can Peter Fitzgerald in a heated race in Illinois. Immediately following her defeat, she served from 1998 to 1999 as a consultant on school construction to the EDUCATION DEPARTMENT.In 1999, with the support of President BILL CLINTON, she was nominated to be the U.S. ambassador to New Zealand and Samoa. Her appointment was approved by a 96–2 vote in the Senate. She served for two years in that position. In 2003, Moseley Braun served as executive vice president at Good Works International, a global policy and strategy consulting company. Although some expected her to run again for the Senate in 2004, she decided to enter the presidential race instead, announcing the deci- sion in 2003. In the early stages of her campaign, she received support and endors e- ments from several feminist and minority political-action groups. After a poor showing, she dropped out of the race in January 2004 and supported the candidacy of Vermont governor Howard Dean. FURTHER READINGS Moseley Braun, Carol. 1995. “Interracial Adoption.” A.B.A. Journal 45. Page, Clarence. 2003. “Dems’ Dilemma: Moseley Braun vs. Sharpton.” Daily Press K3. MOST-FAVORED-NATION STATUS A method of establishing equality of trading opportunity among states by guaranteeing that if one countr y is given better trade terms by another, then all other states must get the same terms. In the twenty-first century the history of world trade is dominated by the move from protective tariffs to free trade. International agreements have permitted most of the world’s nations to export the ir products without facing discriminatory duties. A key concept in the liberalization of trade is most-favored-nation (MFN) status. MFN status is a method of preventing discriminatory treatment among members of an international trading organization. MFN status provides trade equality among partners by ensuring that an importing country will not discriminate against another country’s goods in favor of those from a third. Once the importing country grants any type of concession to the third-party country, this concession must be given to all other countries. For example, assume that the United States government negotiates a bilateral trade agree- ment with Indonesia that provides, among other things, that a duty of $1 will be charged for imported Indonesian television sets. All countries that have MFN status will pay no more than a $1 duty to export televisions to the United States. If the United States later negotiates a du ty of 75¢ with Japan for imported televisions, Indonesia and all other MFN countries will pay 75¢, despite Indonesia’s original agreement to pay more duty. The number of countries with MFN status increased after WORLD WAR II with the GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) treaty, which was signed by many nations in 1948. Article I of the GATT requires that exports of all contracting parties to the treaty should be treated alike by other contracting parties, immediately and without condition. Thus, each member’s exports are treated on the best terms (or “most favored” terms) available to any GATT member. The MFN status proclaimed in the GATT has been granted to about 180 countries. Only a handful of communist countries have been denied MFN status. The United States is forbidden by law to grant MFN status to communist countries that do no t have free-market economies. The practi- cal effect is that imports from these countries are subject to much higher tariffs. An amend- ment to the Trade Act of 1974, however, created a loophole. The president may waive the MFN restriction on an annual basis if the communist country permits free emigration or if MFN status would lead to increased em igration. By law, the president must tell Congress each year of the administration’s intention to renew or deny MFN status benefits to a communist country. Congress has sixty days to overturn the decision and would then need a two-thirds majority to override a presidential VETO. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION MOST-FAVORED-NATION STATUS 135 China has been the main beneficiary of this loophole. Since 1979 China has been granted MFN status. After China suppressed its democ- racy movement and the Tiananmen Square protest in 1989, Congress opposed continuation of the country’s MFN status, yet both President GEORGE H. W. BUSH and President BILL CLINTON renewed China’s MFN benefits. MOTHERS AGAINST DRUNK DRIVING MADD was founded by a small group of California women in 1980 after 13-year-old Cari Lightner was killed by a hit-and-run driver who had previous drunk driving convictions. Although the offender was sentenced to two years in prison, the judge allowed him to instead serve time in a work camp and a halfway house. Candy Lightner, the victim’s mother, worked to call attention to the need for more appropriate, vigorous, and equitable actions on the part of law enforcement and the courts in response to alcohol-related traffic deaths and injuries. Mothers Against Drunk Driving (MADD) is a nonprofit, grassroots organization headquar- tered in Irving, Texas. It has more than 400 affiliates in 50 states, and boasts approximately 2 million members and supporters. MADD’s annual budget exceeds $40 million. The organi- zation’s mission is to find effective solutions to the problems of drunk driving and underage drinking, while also supporting persons whose relatives and friends have been killed by drunk drivers. MADD has proven to be an effective organization, successfully lobbying for tougher laws against drunk drivers. MADD initially focused its energy and resources on: n Increasing awareness about the costs asso- ciated with drunk d riving—the o rganiza- tion found that many members of the public viewed drunk driving as a “victimless” crime n Advocating more con sistent enforcement of drunk driving laws—many police de- partments then gave police officers discre- tion to issue warnings to impaired drivers rather than arresting them n Lobbying for tougher penalties for persons convicted of drunk driving n Creating support networks for drunk driving victims and their family members During the 1990s MADD also focused on obtaining a zero-tolerance policy for underage drinking, seeking harsher punishment for repeat offenders, and urging businesses that serve alcohol to be more vigilant in preventing customers from becoming intoxicated. More recently, the organization has urged states to make drunk drivers pay for the legal costs associated with their crimes. Funding law enforcement through fines, fees, and adminis- trative assessments would make the system self- sufficient, MADD has argued. In 2000 MADD observed its twentieth anniversary with the slogan “Twenty years of making a difference!” The organization noted that annual deaths from drinking and driving had decreased from approximately 28,000 in 1980 to 16,068 in 2000. MADD also pointed out that the percenta ge of fatal traffic crashes that are alcohol-related had declined from 57 per- cent in 1982 to 38 percent in 2000. Additionally, MADD reported that 16 states and the District of Columbia had passed laws reducing the legal limit for blood alcohol content (BAC) to .08, a decline of anywhere from .02 to .07 in those jurisdictions. In 2006 MADD commenced a four-pronged campaign to eliminate drunk driving altogether. It consisted of: 1. Implementing current alcohol ignition interlock technology by supporting states’ efforts to require alcohol ignition interlocks for all convicted drunk drivers. An alcohol ignition interlock is a breath test device connected to a vehic le’s ignition system. When convicted drunk drivers w ant to start their vehicles, they must first blow into these device s. The vehicle will not start unless the drive r’s alcohol concentration is below a pre-se t BAC. 2. Explorin g other advanced vehicle technol- ogies and assessing the feasibility of instal- ling them. MADD recognizes that the technology must not affect or interfere with sober drivers, must be absolutely reliable and accurate, should set the BAC at .08 for adult drivers not convicted of drunk driving, and should cost a reasonable amount. 3. Mobilizing public support for its agenda by unleashing MADD’s grassroots volunteers and activists, enlisting its network of drunk driving victims, and bringing together a broad coalition of like-minded organizations. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 136 MOTHERS AGAINST DRUNK DRIVING 4. Supporting law enforcement’shigh-visibil- ity enforcement efforts, including national crackdowns funded by the National High- way Traffic Safety Administration (NHTSA). In 2009 MADD reported what it considered the results of the campaign. All 50 states, as well as the District of Columbia and Puerto Rico, had passed laws making it illegal to drive with a BAC of .08 or higher. Annual deaths from drinking and driving had again experienced a steep decline, this time to approximately 13,000, or 31 percent of total fatalities resulting from traffic accidents. However, MADD emphasized that much work remains to be done. According to recent statistics, Americans still drive drunk approximately 159 million times per year. A first-tim e drunk driving offender has driven drunk, on average, 87 times prior to being arrested. On average, someone in the United States is killed by a drunk driver every 40 minutes. More than 50 percent of drunk drivers whose licenses are suspended continue to drive. Three out of ten Americans will be involved in an alcohol-related crash at some time in their lives. Alcohol-related crashes in the United States cost the public more than $100 billion each year. MADD uses these numbers to fuel its ongoing efforts to combat drunk driving across the United States. FURTHER READING MADD. Available online at http://www.madd.org (accessed July 11, 2009). CROSS REFERENCES Driving Under the Influence (DUI); Drunkard; Drunkenness. MOTION A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the MOVANT. In the U.S. judicial system, procedural rules require most motions to be made in writing and can require that written notice be given in advance of a motion being made. Written motions specify what action the movant is requesting and the reasons, or grounds, for the request. A written motion may contain citations to case law or statu tes that support the motion. A motion almost always contains a recitation of the facts of the case or the situation prompting the movant to make the request. For example, suppose that a plaintiff in a lawsuit has refused to submit to a deposition— questioning under oath—by the defendant. The defendant therefore files a motion with the court to compel in an effort to compel the plaintiff to attend the deposition. The written motion briefly explains the nature of the lawsuit, describes the efforts made by the defendant to get the plaintiff to submit to a deposition, addresses any known reasons for the plaintiff’s failure to cooperate, and recites the statute that permits the taking of depositions in civil litigation. The motion may also request that the issue be addressed at a hearing before the judge with all parties present. Once the judge receives the motion, he or she may grant or deny the motion based solely on its contents. In the alternative, the judge may schedule a hearing. At a motion hearing, each party has an opportunity to argue its position orally, and the judge can ask specific questions about the facts or the law. The judge’s decision on the motion is called an order. Under some circumstances motions can be made orally. Oral motions frequently occur during trials, when it is impractical to draft a written motion. A common oral motion occurs during witness testimony. Witnesses sometimes give inadmissible testimon y before an attorney can object. When that happens, the attorney must object and move the court to strike the inadmissible testimony from the record. Motions for mistrial—made when courtroom proceedings are fraught with errors, inadmissi- ble evidence, or disruptions so prejudicial to a party’s case that justice cannot be served—often are made orally. Sometimes judges themselves take action on behalf of a party, such as changing or adding necessary language to a PLEADING without a motion from a party. This is known as making an amendment on the court’s own motion. A motion to dismiss asks the court to dismiss an action because the initial pleading, or complaint, fails to state a CAUSE OF ACTION or claim for which the law provides a remedy. For example, a complaint alleges that an employer unfairly fired an employee but does not allege illegal discrimination or labor practices. Merely firing an employee for unfair reasons is not illegal; thus a court may dismiss this complaint. A motion to strike asks the court to remove from the record inadmissible evidence or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION MOTION 137 . by infusion of capital and by guarantees of repayment of mortgages. The Federal Housing Administra- tion made possible purchases of real estate at GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 132. five or more units $ 878 Farm $110 Commercial $2,551 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION MORTGAGE. authority to decide GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 128 MORTALITY TABLES cases on the basis of moral obligation, fairness, or justice, as distinguished from the law courts, which