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LSDefine

Simple English definitions for legal terms

amendment by implication

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A quick definition of amendment by implication:

Amendment by implication is a way to interpret a law that allows a person to understand that a conflicting provision in the law changes or cancels out a provision that came before it. This type of amendment is not preferred and is only used when necessary.

A more thorough explanation:

Amendment by implication is a rule of construction that allows a person to interpret a repugnant provision in a statute as an implicit modification or abrogation of a provision that appears before it. This means that if there are two conflicting provisions in a law, the provision that comes later can be seen as changing or canceling out the earlier provision. However, amendments by implication are not favored and should only be used when necessary.

For example, if a law says that all dogs must be on a leash in public parks, but then later says that certain breeds of dogs are exempt from this rule, it can be implied that the earlier provision no longer applies to those breeds.

Amendment of indictment refers to the alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. This means that changes can be made to the charges against a defendant before the trial begins, but not during the trial itself. If changes were made during the trial, it would violate the defendant's Fifth Amendment right to indictment by grand jury.

For example, if a grand jury indicts someone for theft, but later it is discovered that the stolen property was worth more than originally thought, the indictment can be amended to reflect the higher value of the property.

Amendment of mark in registration refers to changes made to a trademark registration. This can include correcting errors, updating information, or changing the mark itself. For example, if a company changes its logo, it can amend its trademark registration to reflect the new design.

Amendment of registration is similar to amendment of mark in registration, but refers to changes made to any type of registration, not just trademarks. For example, if someone registers a copyright for a book, but later realizes they made a mistake in the title, they can amend the registration to correct the error.

Amends refers to compensation given for a loss or injury. For example, if someone is injured in a car accident, the person responsible may offer to pay for the injured person's medical bills as amends for their actions.

Amenity refers to something tangible or intangible that increases the enjoyment of real property. This can include things like a good location, a nice view, or access to recreational facilities. For example, a house with a pool and a backyard would be considered to have more amenities than a house without those features.

amendment before first action | a mensa et thoro

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