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Simple English definitions for legal terms
departure
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A quick definition of departure:
Departure means going away from a usual rule or way of doing things. For example, if someone gets a punishment that is less severe than what is usually given, it is called a downward departure. If someone gets a punishment that is more severe than what is usually given, it is called an upward departure. Departure can also mean changing from one argument to another during a legal case.
A dependent is someone who relies on another person for support, like a child who needs their parents to take care of them. It can also refer to someone who receives benefits from the government or private funds.
A more thorough explanation:
Definition: A deviation or divergence from a standard rule, regulation, measurement, or course of conduct.
Example: An impermissible departure from sentencing guidelines.
This means that when a court does not follow the standard guidelines for sentencing a criminal, it is considered a departure. For example, if the court gives a more lenient sentence than what the guidelines suggest, it is called a downward departure. On the other hand, if the court gives a harsher sentence than what the guidelines suggest, it is called an upward departure.
Example: A variance between a pleading and a later pleading or proof.
This means that when there is a difference between what someone initially claimed in a legal case and what they later prove, it is called a departure. For example, if a plaintiff claims one thing in their initial pleading but later proves something different, it is considered a departure.
Example: A party's desertion of the ground taken in the immediately preceding pleading and resort to another ground.
This means that when someone changes their argument in a legal case, it is considered a departure. For example, if a defendant initially claims they have an alibi for a crime but later changes their argument and pleads guilty, it is considered a departure.