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Simple English definitions for legal terms

same-elements test

Read a random definition: undue-burden test

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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[M] lilypadfrog
15:57
@llama: if you insist
Trismegistus
15:57
STILL NOTHING?
Trismegistus
15:57
for me
RightPlant
15:57
anything from nyu?
Trismegistus
15:57
penn r people was it in portal under status or?
GreyCeaselessMammoth
15:58
i just got an email
15:58
guysss like my status :P
15:59
where is evol bunny
Trismegistus
15:59
wbu eggan where was yours email or status checker
15:59
thanks everyone i feel swagalicious now
15:59
email
Trismegistus
15:59
ah
Trismegistus
15:59
sorry guys :/
16:00
[deleted by lilypadfrog]
16:00
Reach out if you feel like you need to vent
16:00
brutha
16:00
Shit
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Sorry
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Thank you Lilypad
16:00
its ok at least dk or evil bunny didnt see
16:00
whoopsie teehee
starfishies
16:01
whenever my stat twin takes a hit i feel it too
lilypadfrog
16:01
be careful you guys!! I’m not always here
16:01
thanks starfishies
starfishies
16:02
oh yeah u too eggan
starfishies
16:02
i was looking at my homie bitterbutter though haha
16:02
should i drop my social #?
starfishies
16:02
last 4 digits at least
16:03
I bet no one will even do anything, just like the CEO of lifelock did
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