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LSDefine

Simple English definitions for legal terms

abatement ab initio

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A quick definition of abatement ab initio:

Abatement ab initio is a legal rule that says if someone is convicted of a crime and dies before they can finish their appeals, their conviction is cancelled. This means that they are no longer considered guilty of the crime they were convicted of. The reason for this rule is that it wouldn't be fair to let someone be convicted of a crime without having a chance to appeal their case. However, this rule only applies if the person dies while their direct appeal is still going on, not if they die during some other legal process.

A more thorough explanation:

Abatement ab initio is a legal rule that cancels a criminal conviction if the defendant dies before they can finish all their appeals. This means that if a person is found guilty of a crime and they die before they can appeal their conviction, the conviction is erased.

For example, if someone is convicted of a crime and they start the appeals process, but then they die before the appeals process is finished, the conviction will be cancelled. This is because the person did not have a chance to finish their appeals and get a fair trial.

The reason for this rule is to make sure that justice is served. If someone is convicted of a crime, they have the right to appeal their conviction and have their case heard by a higher court. If they die before they can do this, it is not fair to leave their conviction in place.

abatement | abatement clause

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