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Extenuation
ExtenuationThat which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation. RELATED TERMS-------------------------------------- Crime An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse. Tort An injury; a wrong; hence the expression an executor de son tort, of his own wrong. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. SIMILAR TERMS-------------------------------------- Extension Common law. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve his standing, agree to wait for a definite length of time after their several claims should become due and payable, before they will demand payment. Extent in aid English practice. An exchequer process, formerly much used, and now liable to be abused; Extent in chief English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere "fiscal writ. Exterritoriality This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class. PREVIOUS AND NEXT TERMS-------------------------------------- Expunge To physically erase; to white or strike out. To "expunge" something from a court record means to remove every reference to it from the court file. Expungement The process by which the record of criminal conviction is destroyed or sealed. Extension Common law. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve his standing, agree to wait for a definite length of time after their several claims should become due and payable, before they will demand payment. Extent in aid English practice. An exchequer process, formerly much used, and now liable to be abused; Extent in chief English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere "fiscal writ. Extenuation Exterritoriality This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class. Extinction of a thing When a thing which is the subject of a contract has been destroyed, the contract is of course rescinded as, for example, if Paul sell his horse Napoleon to Peter, and promises to deliver him to the buyer in ten days, and in the mean time the horse dies, the contract is rescinded, as it is impossible to deliver a thing which is not in esse; but if Paul engage to deliver a horse to Peter in ten days, and, for the purpose of fulfilling his contract, he buys a horse and it die, this is no cause for rescinding the contract, because he can buy another and complete it afterwards. When the subject of the contract is an individual, and not generally one of a species, the contract may be rescinded; when it is one of a species which has been destroyed, then, it may still be completed, and it will be enforced. Extorsively A technical word used in indictments for extortion. In North Carolina, it seems, the crime of extortion may be charged without using this word. Extortion Crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due. Extra viam Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a new assignment. We thank you for using the Juridical Dictionary to search for Extenuation. If you have a better definition for Extenuation than the one presented here, please let us know by making use of the suggest a term option. This definition of Extenuation may be disputed by other professionals. Our attempt is to provide easy definitions on Extenuation and any other medical topic for the public at large.
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