IN MITIORI SENSU
in mitiori sensu (in mish-ee-or-Isens-[y]oo), adv. [Law Latin] In a milder or more favorable sense. ? This phrase appeared as part of the former rule applied in slander actions. A word capable of two meanings would be given the one more favorable to the defendant. Cf. INNOCENT-CONSTRUCTION RULE. [Cases: Libel and Slander 19. C.J.S. Libel and Slander; Injurious Falsehood ¡ì¡ì 13¨C14.]¡°Within half a century of its first appearance, the action for words had become part of the everyday business of the common-law courts, in particular the King’s Bench. In the early days there were often more slander cases in the rolls than assumpsit…. The judges apparently came to regret this aspect of their increased jurisdiction, especially since juries frequently awarded sums of money quite disproportionate to the harm and to the ability of the wrongdoer to pay …. [T]he principal effect of the judicial reaction was that a spirit of repression began to manifest itself …. The … most effective attack was launched in the 1570s, when the courts began the policy of construing ambiguous or doubtful words in the milder sense (in mitiori sensu) so that they would not be actionable.¡± J.H. Baker, An Introduction to English Legal History 500¨C01 (3d ed. 1990).
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