Typically referred to in estate administration cases where an attorney may claim fees for work on behalf of the state that is beyond the typical legal services provided for estate administration. The award of this claim is court approved and proof must be submitted by the attorney to justify the award of these fees. … [Read more...]

Such as render a delict or crime less aggravated, heinous, or reprehensible than it would otherwise be, or tend to palliate or lessen its guilt. Such circumstances may ordinarily be shown in order to reduce the punishment or damages. … [Read more...]

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. … [Read more...]

That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation. (q. v. ) 2. In general, extenuating circumstances go in mitigation of punishment in criminal cases, or of damages in those of a civil nature. See Aggravation; Mitigation. … [Read more...]

A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings in an action carried on before the court and of the judgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw. … [Read more...]