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Legal Definitions - mitiori sensu
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Definition of mitiori sensu
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 mitiori sensu.
Explanation: Mitiori sensu is a Latin term used in law to indicate that a word or phrase should be interpreted in a way that is less harmful or more favorable to the defendant. For example, if someone is accused of slander for using a word that has two meanings, the court will interpret the word in the way that is less harmful to the defendant. This is done to ensure that people are not unfairly punished for their words.
The life of the law has not been logic; it has been experience.
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Simple Definition
Term: MITIORI SENSU
Definition: Mitiori sensu is a Latin term used in law to mean "in a milder or more favorable sense." This phrase was used in slander cases where a word had two meanings, and the court would choose the interpretation that was more favorable to the defendant. The purpose was to prevent disproportionate awards of damages and to avoid punishing someone too harshly for something they may not have intended.
The young man knows the rules, but the old man knows the exceptions.
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