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Home » Law Dictionary » M » MITIGATION

MITIGATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Alleviation; abatement or diminution of a penalty or punishment imposed by law. “Mitigating circumstances” are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. Mitigation of damages. A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiff B cause of action, or a justification, nor yet of facts which constitute a cause of action in favor of the defendant but rather facts which show that the plaintiff’s conceded cause of action does not entitle him to so large an amount as the showing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226.

Related Legal Terms & Definitions
  • MITIGATION OF DAMAGES A reduction of the amount of damages, not by proof of facts which are a…
  • MITIGATING CIRCUMSTANCE Circumstances as such as do not constitute a justification or excuse of the offense in…
  • CRIMINAL CONVERSATION crim. law. This phrase is usually employed to denote the crime of adultery. It is…
  • MITIGATING CIRCUMSTANCES Secondary facts that don't completely negate or absolve a wrongful action but tend to show…
  • CONFESSION AND AVOIDANCE pleadings. Pleas in confession and avoidance are those which admit the averments in the plaintiff…
  • WRIT OF INQUIRY (A) A writ which issues after the plaintiff in an action has obtained a judgment…
  • EXTENUATION That which renders a crime or tort less heinous than it would be without it:…
  • DE INJURIA Of [his own] wrong. In the technical language of pleading, a replication de injuria is…

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