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Simple English definitions for legal terms

same-elements test

Read a random definition: private letter ruling

A quick definition of same-elements test:

Same-Elements Test: A test used to determine if two sets of elements are the same. It is also known as the Blockburger Test or the Legal-Elements Test.

A more thorough explanation:

Definition: The same-elements test is also known as the Blockburger test or legal-elements test. It is a legal principle used to determine whether two criminal offenses are distinct from each other or if they are the same offense. The test looks at whether each offense requires proof of an element that the other does not.

Example: For example, if someone is charged with both burglary and theft, the same-elements test would be used to determine if these are two separate offenses or if they are the same offense. If burglary requires proof of breaking and entering, and theft requires proof of taking someone else's property, then the offenses are distinct and the person can be charged with both. However, if the burglary charge also includes the theft of property, then the offenses are the same and the person can only be charged with one offense.

Explanation: The same-elements test is used to prevent double jeopardy, which is when someone is charged with the same offense twice. It ensures that each offense has a unique element that distinguishes it from other offenses. In the example given, burglary and theft have different elements, so they are considered separate offenses. However, if the burglary charge also includes theft, then there is no unique element that distinguishes it from the theft charge, so they are considered the same offense.

same-conduct test | same-evidence test

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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