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| This dictionary contains: 8526 juridical terms |
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Mitigation of damages
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Mitigation of damagesA 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.
RELATED TERMS--------------------------------------
Person
This word is applied to men, women and children, who are called natural persons.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused
Reasonable
Conformable or agreeable to reason; just; rational.
Example
An example is a case put to illustrate a. principle.
Dismissal
Dismissal may take place if the employer terminates the contract of employment, or if a fixed contract of employment expires. It also occurs in cases of constructive dismissal (breach of contract by the employer leading to the employee's resignation); or deemed dismissal in the case of refusal to allow a woman back to work after maternity leave. It may be contrasted with resignation (at the employee's instance) which does not amount to dismissal
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
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
A reduction, abatement, or diminution of a penalty or punishment imposed by law.
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--------------------------------------
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
A reduction, abatement, or diminution of a penalty or punishment imposed by law.
Mitigation of damages
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.
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
RELATED TERMS--------------------------------------
Person
This word is applied to men, women and children, who are called natural persons.
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.
Responsibility
The obligation to answer for an act done, and to repair any injury it may have caused
Reasonable
Conformable or agreeable to reason; just; rational.
Example
An example is a case put to illustrate a. principle.
Dismissal
Dismissal may take place if the employer terminates the contract of employment, or if a fixed contract of employment expires. It also occurs in cases of constructive dismissal (breach of contract by the employer leading to the employee's resignation); or deemed dismissal in the case of refusal to allow a woman back to work after maternity leave. It may be contrasted with resignation (at the employee's instance) which does not amount to dismissal
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Damage
Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident.
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
A reduction, abatement, or diminution of a penalty or punishment imposed by law.
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--------------------------------------
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
A reduction, abatement, or diminution of a penalty or punishment imposed by law.
Mitigation of damages
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.
Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.
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This dictionary contains 8526 terms.
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