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Mitigation
MitigationA reduction, abatement, or diminution of a penalty or punishment imposed by law. RELATED TERMS-------------------------------------- Abatement 1) Chancery practice. Is a suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. 2) Merchant law. By this term is understood the deduction sometimes made at the custom-house from the duties chargeable upon goods when they are damaged. Penalty Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement. Punishment Criminal law. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. SIMILAR TERMS-------------------------------------- Mitigating circumstances These 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. 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-------------------------------------- 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 These 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. Mitigation 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. Mittimus, crim 1) English practice. A writ enclosing a record sent to be tried in a county palatine; it derives its name from the Latin word mittimus, "we send." It is the jury process of these counties, and commands the proper officer of the county palatine to command the sheriff to summon the jury for the trial of the cause, and to return the record, &c. 2) Criminal law, practice. A precept in writing, under the hand and seal of a justice of the peace, or other competent officer, directed to the gaoler or keeper of a prison, commanding him to receive and safely keep, a person charged with an offence therein named until he shall be delivered by due course of law. We thank you for using the Juridical Dictionary to search for Mitigation. If you have a better definition for Mitigation than the one presented here, please let us know by making use of the suggest a term option. This definition of Mitigation may be disputed by other professionals. Our attempt is to provide easy definitions on Mitigation and any other medical topic for the public at large.
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