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Simple English definitions for legal terms
bum-marriage doctrine
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A quick definition of bum-marriage doctrine:
The bum-marriage doctrine is a rule that says a person cannot use the marital-witness privilege if their marriage is practically over, even if it is still legally valid. This means that if a couple is no longer living together or has separated, one partner cannot refuse to testify against the other in court just because they are married. The bum-marriage doctrine is a way to prevent people from using their marital status to avoid giving evidence in legal proceedings.
A more thorough explanation:
Definition: The bum-marriage doctrine is a principle that states that the marital-witness privilege cannot be claimed by a partner in a marriage that is practically over, even if it is still legally valid. This doctrine is also known as the moribund marriage doctrine.
Example: If a couple is separated and living apart, but not yet legally divorced, and one partner is called to testify in court against the other, they cannot claim the marital-witness privilege. This is because their marriage is considered to be practically over, and the privilege only applies to couples who are still in a valid and functioning marriage.
Explanation: The bum-marriage doctrine is based on the idea that the marital-witness privilege is intended to protect the sanctity and privacy of a functioning marriage. If a marriage is no longer functioning, then there is no longer a need to protect it. Therefore, the privilege cannot be claimed in cases where the marriage is practically over, even if it is still legally valid.