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circumstance definition - legal

n

An act, condition, event, or fact connected with another act, condition, event, or fact either as an accessory or as a contributing or determining element.
aggravating circumstance
A circumstance that increases the culpability or liability of a person or the measure of damages or punishment for a crime or tort.
exigent circumstance
  1. An urgent situation that demands extraordinary or immediate action. Such a circumstance often allows for the circumvention of procedures that would otherwise be required by law. For example, if a car hits a child, the fact that immediate medical attention is needed to save the childÂ’s life is an exigent circumstance that excuses the physicianÂ’s treatment of the child before parental consent is obtained.
  2. An urgent situation in which a law enforcement officer who has probable cause must take immediate steps to make an arrest, search, or seizure without a warrant because someoneÂ’s life or safety is at risk or because there is an imminent threat that a suspect will escape or evidence will be removed or destroyed.
mitigating circumstance
  1. A circumstance (such as having a mental defect at the time of the wrongdoing) that does not exonerate, but reduces the culpability of, a person for a tort or crime he has committed and that may result in a reduction of the damages or punishment to be imposed. See also diminished capacity.
  2. A circumstance (such as turning oneself in for arrest) that does not reduce a personÂ’s culpability for a crime he has committed, but that may result in a reduction of the punishment to be imposed. See also negligence and defense.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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