Latin for Lawyers

L ATIN FOR L AWYERS

MISDEMEANOR [L. mis + de + minare / to drive (as animals)] A criminal violation punishable as a lesser crime than a felony, i.e., by imprisonment of not more than one year, or by a fine or other penalty. Any crime other than a felony. MISFEASANCE [L mis / badly, wrongly + facere / to make or do] To do a lawful act improperly or incorrectly; e.g., misfeasance in an elected or appointed office. The unlawful exercise of lawful authority by a govern ment officer or functionary. See MALFEASANCE, NONFEASANCE MISNOMER [L. mis / badly, wrongly + nomen / a name] A mistake in naming or citing. Incorrectly designating the name of an inter ested party in a document or pleading. A mistake in the name of a party to a deed or mortgage. In the case of a corporation, a mistake in its name which makes it difficult or impossible to identify it. MISPRISION [L. mis / badly, wrongly + prehendere / to take hold of, to seize] Broadly, a neglect or wrong in the performance of a duty. The concealment of a crime or felony by one who is not himself involved as an accomplice or an accessory. To fail to report a felony of which one is aware. Misprision of fel ony is itself a federal crime. Misprision of treason is the failure to report an act of treason against the United States. This is also a federal crime. MITIGATING CIRCUMSTANCES Facts or circumstances extraneous to the essential facts defining a criminal act but which lessen the degree of culpability attributable to the particular defendant. Any factor considered by the court to lessen the degree of crime or the length or severity of sentence. For example, mitigating circumstances may lead a court to reduce a charge of murder to manslaughter. MITIGATION [L. mitigare / to make mild or soft] To make less severe, to reduce the effect of. Reduction of a penalty, fine or sentence. Mitigating circumstances are facts which do not negate the com mission of a crime but offer insights which affect the extent of culpability. For example, extenuating circumstances may mitigate a sentence of murder to a sentence of manslaughter. The doctrine of mitigation of damages imposes a duty on an aggrieved party in a contract or tort action to take rea sonable steps to minimize his loss or damage, or to avoid increasing the loss or damage.

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