Simple English definitions for legal terms
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Abatement means reducing or getting rid of something. It can apply to different areas of law. For example, in property law, abatement can mean paying less taxes on a property or fixing a problem that is causing a nuisance. In civil procedure, abatement used to be a way for defendants to challenge the plaintiff's case, but it's not used much anymore. Abatement can also refer to a rule that says if a defendant dies while appealing their conviction, the conviction is erased. This can be controversial because it can affect the rights of victims who were awarded damages or compensation.
Abatement means reducing or getting rid of something. It is used in different areas of law.
In property law, abatement means reducing the amount of property taxes a person has to pay. This is done to encourage economic development. Abatement can also be used to stop a public nuisance, which is something that bothers the public. The government or the person responsible for the nuisance has to fix it.
In civil procedure, abatement used to be a way for defendants to challenge the plaintiff's case. This is not used anymore, but the same result can be achieved through other rules.
Abatement ab initio is a rule that says if a defendant dies while appealing their conviction, the conviction is cancelled. This is because the defendant cannot defend themselves anymore. However, this can be a problem for victims who were awarded damages or compensation. For example, in United States v. Estates of Parson, the plaintiffs could not get the $1.3 million they were awarded because the defendant died while appealing. Some people think this rule should be changed.
Overall, abatement is a way to reduce or get rid of something in different areas of law.