Legal Definitions - element

An "element" in law refers to a fundamental and indispensable component or requirement that must be present and proven for a legal claim, defense, or legal instrument to be considered valid or successful. If even one element is missing or cannot be established, the claim or defense typically fails.

Here are some examples illustrating the concept of an element:

• In Criminal Law (e.g., Theft):

  To prove that someone committed the crime of theft, the prosecution must demonstrate several specific "elements" beyond a reasonable doubt. For instance, if a person is accused of stealing a car, the prosecution would typically need to prove:

  • The defendant took possession of the car.
  • The car belonged to someone else.
  • The defendant took it without the owner's permission.
  • The defendant intended to permanently deprive the owner of the car.

  How this illustrates the term: If the prosecution fails to prove even one of these elements—for example, if it's shown that the defendant had the owner's permission to borrow the car—then the charge of theft cannot be successfully established, and the defendant would likely not be convicted of that crime.

• In Civil Law (e.g., Breach of Contract):

  For a party to successfully sue another for breach of contract, they must prove specific "elements" to the court. Consider a scenario where a graphic designer is hired to create a logo for a client, and the client refuses to pay after the work is delivered.

  • A valid contract existed between the designer and the client.
  • The designer performed their obligations under the contract (e.g., delivered the logo).
  • The client failed to perform their obligations (breached the contract by not paying).
  • The designer suffered damages (e.g., lost income) as a direct result of the breach.

  How this illustrates the term: If the designer cannot prove, for example, that a valid contract was ever formed (perhaps it was only a casual conversation with no clear agreement), then their claim for breach of contract will likely fail, regardless of whether the client used the logo without paying.

• For Legal Documents (e.g., A Valid Will):

  For a document to be legally recognized as a valid will and effectively distribute a deceased person's assets, it must contain certain "elements" as required by law in that jurisdiction. Imagine a person writes down their wishes for their property after their death.

  • The will must be in writing.
  • It must be signed by the person making the will (the testator).
  • It must be witnessed by a specific number of people (e.g., two) who also sign the document in the testator's presence.

  How this illustrates the term: If the document is not properly witnessed—for instance, if only one witness signed it when two are legally required—it might lack a crucial "element" and could be deemed invalid by a court. In such a case, the deceased person's wishes might not be legally enforced, and their assets could be distributed according to state law instead.