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Mitigating circumstances
Mitigating circumstancesThese 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. RELATED TERMS-------------------------------------- Offence Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Defendant A party who is sued in a personal action. Grounds A legal basis for a divorce. Example An example is a case put to illustrate a. principle. Assault The touching of another person with an intent to harm, without that person's consent. Provocation The act of inciting another to do something. Sentence A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings. SIMILAR TERMS-------------------------------------- Mitigation A reduction, abatement, or diminution of a penalty or punishment imposed by law. Mitigation of damages A person who sues another for damages has a responsibility to minimize those damages, as far as reasonable. For example, in a wrongful dismissal suit, the person that was fired should make some effort to find another job so as to minimize the economic damage on themselves. Mitior sensus Construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is now, however, well established, that they are not to be taken in the more lenient, or more severe sense, but in the sense which fairly belongs to them, and which they were intended to convey. PREVIOUS AND NEXT TERMS-------------------------------------- Mistake Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract. Mistery Mistery or Mystery.This word is said to be derived from the French mestier now written mātier, a trade. In law it signifies a trade, art, or occupation. Mistrial An erroneous trial on account of some defect in the persons trying, as if the jury come from the wrong county or because there was no issue formed, as if no plea be entered; or some other defect of jurisdiction. Misuse of property The unlawful use of property. Misuser An unlawful use of a right. Mitigating circumstances Mitigation A reduction, abatement, or diminution of a penalty or punishment imposed by law. Mitigation of damages A person who sues another for damages has a responsibility to minimize those damages, as far as reasonable. For example, in a wrongful dismissal suit, the person that was fired should make some effort to find another job so as to minimize the economic damage on themselves. Mitior sensus Construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is now, however, well established, that they are not to be taken in the more lenient, or more severe sense, but in the sense which fairly belongs to them, and which they were intended to convey. Mitter Law-French. To put, to send, or to pass; as mitter' l'estate, to pass the estate; mitter le droit, to pass a right. Mittimus The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law. We thank you for using the Juridical Dictionary to search for Mitigating circumstances. If you have a better definition for Mitigating circumstances than the one presented here, please let us know by making use of the suggest a term option. This definition of Mitigating circumstances may be disputed by other professionals. Our attempt is to provide easy definitions on Mitigating circumstances and any other medical topic for the public at large.
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