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Simple English definitions for legal terms

same-elements test

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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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babycat
15:48
just my opinion but grade inflation is probably more of an undergrad thing since law school grades tend to be on a curve
shaquilleoatmeal
15:49
Leaving the office just now and this chic is blasting glorilla in the elevator...doesn't match our work location vibe lmao
shaquilleoatmeal
15:49
shits gonna be stuck in my head all night now
glovediedthisishismom
15:50
northwestern has a dude with a murder charge in their class this year dont they
shaquilleoatmeal
15:50
what^^
shaquilleoatmeal
15:50
no way
HopefullyInLawSchool
15:50
2 next year
glovediedthisishismom
15:50
google it shaq some dude got his degree in prison and is now at nw
HopefullyInLawSchool
15:50
Bro is studying to beat the charges
shaquilleoatmeal
15:52
While representing himself in court, McKinley's sentence was reduced from 100 years to 25, a sentence he served in full. While still incarcerated, he took the LSAT, or Law School Admission Test, and applied to law school - no shit, thats impressive how much he lowered his sentence being pro say
JumpySubsequentDolphin
15:52
@HopefullyInLawSchool: that made me lol
babycat
15:52
there was a convicted rapist admitted to some southern law school not too long ago
shaquilleoatmeal
15:53
smh
glovediedthisishismom
15:53
fun fact gangs specifically have all their shooters be 12-16 year olds so they can go to juvee and get their charges sealed like nothing happened
shaquilleoatmeal
15:56
yo, what should i pick up for dinner?? Cava or Sweetgreen
glovediedthisishismom
15:56
sweetgreen
glovediedthisishismom
15:56
i wish i had one close to me
babycat
15:56
shaq how did your date with Uber girl go?
soyalmondoatmilk
15:57
OMG I LOVE SWEETGREEN
shaquilleoatmeal
15:57
lmaooo oh man i gotta find a way to make a long story short - sg it is ! What do you guys usually get? I'm tired of my same old same old
soyalmondoatmilk
15:57
i love the harvest bowl
soyalmondoatmilk
15:57
their salmon is good too
shaquilleoatmeal
15:58
@babycat: you gonna be on later tonight? i gotta get home, shower, and then I can hop back on and give you the break down lmao
shaquilleoatmeal
15:58
i dont know how much i trust salmon from quick take out spots so i've never tried it there. Harvest bowl is OG and always good for when you need a quick decision
soyalmondoatmilk
15:59
that's so fair. i love their roasted sweet potatoes and spicy cashew dressing--highly recommend
babycat
16:00
@shaquilleoatmeal: I’ll stop by just for you. I gotta grind out some of my last essays tn.
shaquilleoatmeal
16:02
@soyalmondoatmilk: im weak af, can't handle that spicy cashew lmao
shaquilleoatmeal
16:03
@babycat: 😘 see you in a bit, grind out those essays before you hop back on
shaquilleoatmeal
16:04
appreciate the non wink since you didn't appreciate it them then lol
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