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Simple English definitions for legal terms
element
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A quick definition of element:
An element is something that is necessary to prove a claim or defense in court. For example, if someone is accused of being negligent, one element that must be proven is that they had a legal duty to the person who was harmed. Elements are also important in creating plans for cities or areas, as they establish the different types of development and uses that are allowed in different zones.
A more thorough explanation:
An element is a necessary component or requirement for making a claim or defense in court. It is also used to refer to an essential requirement of a General Plan.
- One element of negligence is the existence of a legal duty that the defendant owed to the plaintiff. For instance, if a driver hits a pedestrian, the driver owes a legal duty to the pedestrian to drive safely. If there is no evidence that the driver owed a legal duty to the pedestrian, then there is no negligence.
- In a General Plan, elements may include zones for different types of development, uses, traffic patterns, and future development.
The examples illustrate that an element is a necessary component or requirement for something to be considered valid or legally sound. In the case of negligence, the existence of a legal duty is an essential element that must be present for a plaintiff to make a claim. Similarly, in a General Plan, the inclusion of specific zones and development plans is an essential element that must be present for the plan to be effective.