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Simple English definitions for legal terms
in mitiori sensu
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A quick definition of in mitiori sensu:
Term: IN MITIORI SENSU
Definition: In law, in mitiori sensu means interpreting words or phrases in a milder or more favorable sense. This is often used in slander cases where a word can have two meanings, and the defendant is given the benefit of the doubt by interpreting it in the less harmful way. This approach was adopted by courts to prevent excessive damages being awarded and to avoid punishing people too harshly.
A more thorough explanation:
Definition: In a milder or more favorable sense.
Example: In a slander case, if a word has two meanings, the one that is more favorable to the defendant will be used. This is known as in mitiori sensu. For instance, if someone says "John is a thief," it could mean that John has stolen something or that he is simply a dishonest person. In a slander case, the court would interpret the statement in the milder sense, which means that John is just a dishonest person, not necessarily a thief.
Explanation: In mitiori sensu is a Latin term used in law to interpret ambiguous or doubtful words in a more favorable sense. This means that if a word or statement has two possible meanings, the court will choose the one that is less harmful or damaging to the defendant. This principle is often used in slander and libel cases, where a statement can be interpreted in different ways. By using in mitiori sensu, the court ensures that the defendant is not unfairly punished for something that they did not intend to say or mean.