Aggravating Circumstance - Law Dictionary Search Results
Home Dictionary Name: aggravating circumstance Page 1 of about 14 results ( seconds)aggravating circumstance
aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...
mitigating circumstance
mitigating circumstance : a circumstance in the commission of an act that lessens the degree of criminal culpability [was convicted of manslaughter rather than murder because of mitigating circumstances] ;also : a circumstance or factor relating to an offense or defendant that does not bear on the question of culpability but that receives consideration by the court esp. in lessening the severity of a sentence [the mitigating circumstance of the defendant's terminal illness] compare aggravating circumstance ...
aggravator
aggravator : one that aggravates ;esp : aggravating circumstance [weigh the s and the mitigators in fixing a sentence] ...
cruelty
cruelty pl: -ties 1 a : an intentional or criminally negligent act that causes pain and suffering [ to animals] [ to children] b : mistreatment or neglect that causes pain and suffering compare abuse NOTE: Cruelty is an aggravating circumstance to a crime (as murder). 2 : a spouse's conduct that endangers life or health or causes mental suffering or fear called also cruel and inhuman treatment NOTE: Cruelty is a ground for divorce. ...
larceny
larceny pl: -nies [modification of Anglo-French larcine theft, from Old French larrecin, from Latin latrocinium robbery, from latron- latro mercenary soldier, brigand] : the unlawful taking and carrying away of personal property with the intent to deprive the rightful owner of it permanently ;also : any of several types of theft (as embezzlement or obtaining another's property by false pretenses) that have been traditionally distinguished from larceny NOTE: Under the Model Penal Code and in states that follow it, larceny is a type of theft. In states where larceny is currently defined as a separate crime, it may include the crimes that were distinct from it under common law. grand larceny : felonious larceny of property having a value greater than an amount fixed by law ;also : larceny accompanied by aggravating circumstances (as the use of threats) larceny by trick : larceny of property obtained by the use of misrepresentation esp. in getting an owner to hand over something i...
point
point 1 : a particular detail, proposition, or issue of law ;specif : point of error 2 : any of various incremental units used in measuring, fixing, or calculating something: as a : a unit used in calculating a sentence by various factors (as aggravating or mitigating circumstances) b : a unit used in the pricing of securities and valuation of markets c : a charge to a borrower (as a mortgagor) that is equal to one percent of the principal and that is made at closing in point or on point : relevant to the legal issues at hand ...
mitigating
serving to reduce blame of situations as mitigating factors mitigating circumstances Opposite of aggravating...
Exemplary damages
Exemplary damages, damages on an unsparing scale, given in respect of tortious acts, committed through malice or other circumstances of aggravation. In Belt. v. Lawes, (1884) 2 QBD 356, an action by a sculptor for libellously styling him an impostor, the jury awarded 5,000l. damages, and a rule for a new trial on the ground (amongst others) of excessive damages was discharged by the High Court. The Court of Appeal affirmed this judgment, but laid it down that the Court had power to refuse a new trial on the plaintiff alone, and without the defendant consenting to the damages being reduced to such an amount as the Court would not consider excessive had they been given by the jury.Where a cause of action survives against or for the benefit of a deceased person's estate, the damages recoverable shall not include any exemplary damages. [(English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41)]...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Mixed larceny
Mixed larceny, otherwise called compound or complicated larceny, that which is combined with circumstances of aggravation, as violence to the person, or taking from a house. See LARCENY....
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