mitigation

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mitigation

reduction. The term is most often found in two phrases: ‘mitigating circumstances’ - an attempt to keep the sentence to a minimum; and in mitigation of damages, the duty on the victim of a contract-breaker or a delinquent or tort-feasor to keep his losses within reason.
Collins Dictionary of Law © W.J. Stewart, 2006

MITIGATION. To make less rigorous or penal.
     2. Crimes are frequently committed under circumstances which are not justifiable nor excusable, yet they show that the offender has been greatly tempted; as, for example, when a starving man steals bread to satisfy his hunger, this circumstance is taken into consideration in mitigation of his sentence.
     3. In actions for damages, or for torts, matters are frequently proved in mitigation of damages. In an action for criminal conversation with the plaintiff's wife, for example, evidence may be given of the wife's general bad character for want of chastity; or of particular acts of adultery committed by her, before she became acquainted with the defendant; 12 Mod. R. 232; Bull. N. P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the plaintiff has carried on a criminal conversation with other women; Bull. N. P. 27; or that the plaintiff's wife has made the first advances to the defendant, 2 Esp. N. P. C. 562; Selw. N. P. 25. See 3 Am. Jur. 287, 313; Bouv. Inst. Index, h.t.
     4. In actions for libel, although the defendant cannot under the general issue prove the crime, which is imputed to the plaintiff, yet he is in many cases allowed to give evidence of the plaintiff's general character in mitigation of damages. 2 Campb. R. 251; 1 M. & S. 284.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Insurers must understand that to successfully combat fraudulent water mitigation claims they must identify and investigate these relationships, as well as eliminate the entire network.
How do you identify a network of operatives in a water mitigation scam?
Use all evidence of trends to convince a judge or a jury that something the water mitigation company characterizes as a mistake, actually is a pattern and practice of the company with the intent to deceive the insurer and collect insurance benefits to which they are not entitled.
And just as you must identify all of the players in a mitigation fraud network before launching an investigation, you must attack them all when litigating the case.
First, like a multi-headed monster, cutting off one part of a damage mitigation network leaves the rest to continue the fraud, while the one damaged grows back.
It forces the mitigation companies to prove a loss is covered, and that their charges are reasonable.
If mitigation is deemed ineffective, technical personnel must be consulted to resolve any inadequacies.
In addition to the requirements of the Army NEPA regulation, some recent court decisions provide further incentive to ensure that mitigation is well thought out and executed by federal agencies.
The CEQ regulations, the Army NEPA regulation, and recent case law all suggest that federal agencies closely analyze and plan for mitigation issues in preparing analyses under NEPA.
If an environmental assessment indicates that the environmental effects of a proposal are significant, but that, with mitigation, those effects may be reduced to less than significant levels, may the agency make a finding of no significant impact rather than prepare an EIS?
The paragraph at Appendix C states that important cases include: (4) Failure of a mitigation measure, or other unforeseen circumstances, could result in serious harm to federal-or state-listed endangered or threatened species; important historic or archaeological sites that are either on, or meet eligibility requirements for nomination to the National Register of Historic Places; wilderness areas, wild and scenic rivers, or other public or private protected resources.
(3) The monitoring system must have a control, so that it can isolate the effects of the mitigation procedures from effects originating outside the action.