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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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