Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

immaterial variance

Read a random definition: immaterial issue

A quick definition of immaterial variance:

An immaterial variance is a small difference between two statements or documents that doesn't affect the outcome of a legal case. It's not important enough to mislead or harm the defendant, so it's considered a harmless error. In zoning law, a variance is a permission to deviate from the rules, either about construction and placement or about use. An area variance allows some changes in construction, while a use variance allows changes in how the property is used.

A more thorough explanation:

Definition: Immaterial variance refers to a slight difference or disparity between two statements or documents that does not mislead or prejudice the defendant and is considered harmless error. In criminal procedure, it is a difference between the allegations in a charging instrument and the proof introduced at trial.

Example: If a charging instrument alleges that the defendant stole $10,000, but the evidence presented at trial shows that the defendant stole $9,500, it is considered an immaterial variance because the difference is too slight to mislead or prejudice the defendant.

Another example of immaterial variance is when a zoning law grants a license or official authorization to depart from its requirements. For instance, an area variance permits deviation from zoning requirements about construction and placement, but not from requirements about use. A use variance, on the other hand, permits deviation from zoning requirements about use.

Explanation: The examples illustrate that immaterial variance is a slight difference that does not affect the outcome of a case or harm the defendant's rights. In the first example, the difference between the alleged and proven amount of theft is too small to make a significant difference in the defendant's guilt or innocence. In the second example, the zoning law grants a license to deviate from its requirements, which is not considered a violation as long as it is within the limits of the granted license.

immaterial issue | immatriculation

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
triplethread
14:04
is osu doing a wave
14:14
@1a2b3c4d26z: buildings are so cool. so neat how they pumped concrete up to the Burj Khalifa https://www.youtube.com/watch?v=VpJ4AjsYp4A
I applied to WashU the first week of September and nothing... but ppl who applied after that have answers lol
I think I'm gonna get WL'ed
ahh I just want an answer from somebody this week
WorthlessAttractiveZombie
14:21
fordham needs to release, i've been geeked this whole day over it
I hope u get an answer soon!
WorthlessAttractiveZombie
14:23
lavender, i looked at the stars last night and they said we're gonna hear from schools this week
heck yeah. I have a feeling we will
I got one answer so far from Mizzou and I was WL'ed but hey it's not the end it's just the beginning
that was Friday
WorthlessAttractiveZombie
14:26
keep swinging until you hear a bell
14:27
im from the future
14:27
kamala wins
14:27
276-262
I think she will too lol
WorthlessAttractiveZombie
14:27
since you're from the future, will fordham release today
14:28
no
WorthlessAttractiveZombie
14:28
fuck alright
14:28
not this week
14:28
dont even get ur hopes up u fool im from the year 2076
TheMidwestMonger
14:28
I'm terrified with how the world will react to Trump losing
WorthlessAttractiveZombie
14:28
damn, next question: should i eat the cheese that's been in my fridge for 3 weeks?
14:28
im pretty sure the world is gonna rejoice??
14:29
yes it is the key to immortality
TheMidwestMonger
14:29
Sorry, I meant the far right and their reaction lol
I live in alabama if she wins it's gonna be crazy here
14:30
same as last time whine that it was rigged go to court lose every time
good thing im bouncing next year
oh yeah
LSD+ is ad-free, with DMs, discounts, case briefs & more.