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Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the ...
Mitigation (law), the principle that a party who has suffered loss has to take reasonable action to minimize the amount of the loss suffered Also in law, mitigating factors may cause a crime to be considered less serious, or provide a reason to make a punishment less severe.
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought ).
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [7]
In a law-school clinic, students typically provide assistance with research, drafting legal arguments, and meeting with clients. In many cases, professors will appear for oral argument before courts. However, many jurisdictions have "student practice" rules that permit law-clinic students to appear and argue in court. [4] [5]
The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of the Oregon v. Guzek dealt with the issue of whether alibi evidence not introduced at trial could be introduced in the sentencing phase of a death penalty trial as mitigating evidence.