Legal Definitions - elimination

Elimination

In a legal context, elimination refers to the act of removing, excluding, or rejecting something or someone from consideration, a group, or a process.

Here are some examples:

• Example 1: Exclusion of Evidence
  During a criminal trial, the defense attorney successfully argues that certain evidence obtained by the prosecution was gathered illegally, violating the defendant's rights. The judge then orders the elimination of this evidence, meaning it cannot be presented to the jury or used to support the prosecution's case.

  This illustrates elimination because the illegally obtained evidence is formally rejected and removed from the materials that can be considered by the court.

• Example 2: Jury Selection Process
  In a civil lawsuit, during the jury selection process (known as voir dire), an attorney uses a peremptory challenge to remove a potential juror who they believe might be biased against their client, even without stating a specific reason. This action results in the elimination of that individual from the jury pool for that particular case.

  This demonstrates elimination as a specific individual is rejected and excluded from serving on the jury.

• Example 3: Removal of a Contractual Clause
  Two companies are negotiating a complex business contract. After several rounds of discussions, they mutually agree that a particular clause, which initially proposed a very strict penalty for late delivery, is too burdensome and decide to remove it entirely from the final agreement. This constitutes the elimination of that specific clause from the contract.

  Here, elimination refers to the rejection and removal of a specific provision from a legal document, ensuring it is not included in the final binding agreement.