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Simple English definitions for legal terms

same-elements test

Read a random definition: jus aedilium

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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