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variance :: legal definition


Variance - n. 1) an exception to a zoning ordinance, authorized by the appropriate governmental body such as a planning commission, zoning board, county commissioners or city council. Example: the zoning ordinance requires that no residences can be built within 10 feet of a property's back line, but due to the odd shape of May Matheson's property, she needs to build her dream house within five feet of the property line at one point. The local zoning board listens to her plea, finds that the neighbors do not object, and grants her a variance to build closer to the back line. 2) a difference between what the prosecution has charged and what it has proved against a criminal defendant. 3) a difference between what is alleged in a civil complaint and what is proved. A substantial variance may be fatal to the prosecution's case against the accused or fatal to a plaintiff's (the person who filed the suit) lawsuit. In each case the judge can dismiss the case as a matter of law, without sending the factual issues to the jury. In criminal cases the test of a fatal variance is somewhat stricter than in a civil lawsuit, since a minor difference between the charge and the proof may mislead the defendant and deny him/her "due process."

See also: dismissal proof and Related Law Terms ↓


Related Law Terms

acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
land :: n. real property, real estate (and all that grows ... See also: real estate real property
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens

Popular Law Searches

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Other Law Terms - V

vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property.
vendor :: n. a seller, particularly of real property. ... ler, particularly of real property.
venire :: (ven-eer-ay) n. the list from which jurors may be ... y be selected. See also: jury panel
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.