Simple English definitions for legal terms
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Same-Evidence Test: A test used in criminal law to determine if a defendant can be punished for two separate charges or prosecuted again for a different charge after being convicted or acquitted for a charge involving the same incident. The test compares the elements of two charges to see if each contains at least one element that the other does not. This test is also known as the same-elements test or actual-evidence test. It is not based on the facts of the incident but rather on the elements of the charged offenses.
Blockbusting: The illegal act or practice, usually by a real-estate broker, of convincing property owners to sell their property quickly, often at a loss, to avoid an imminent influx of minority groups. This practice is illegal in many states.
The same-evidence test is a legal term used in criminal law to determine if a defendant can be punished separately for convictions on two charges or prosecuted later on a different charge after being convicted or acquitted on a charge involving the same incident. It involves comparing two charges to see if each contains at least one element that the other does not.
For example, if a person is charged with both assault and battery, the same-evidence test would be used to determine if they can be punished for both charges. If the elements of assault and battery are the same, then the defendant cannot be punished for both charges.
Blockbusting is the act or practice, usually by a real estate broker, of persuading one or more property owners to sell their property quickly, and often at a loss, to avoid an imminent influx of minority groups. This practice is illegal in many states.
For example, a real estate broker may tell a homeowner that a minority group is moving into the neighborhood and that property values will decrease as a result. The broker may then offer to buy the homeowner's property at a lower price than it is worth, causing the homeowner to sell at a loss.