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Simple English definitions for legal terms
surplusage
Read a random definition: allocation
A quick definition of surplusage:
Surplusage: Surplusage is extra words in a legal document that are not needed. For example, in a criminal charge, if there are details that are not important to the crime, they can be removed. This is called striking surplusage. However, if the extra words are important to the case, they cannot be removed. The judge decides if the extra words can be taken out or not.
A more thorough explanation:
Surplusage is when a legal document, like an indictment, has extra words or information that are not needed. This extra information is not important to the case and can be removed.
For example, if someone is accused of burning down a house, the indictment might include details about the people who lived in the house. This information is not needed to prove the case, so it is considered surplusage.
However, if the extra information is important to the case, it cannot be removed. For instance, if someone is accused of tax fraud, their work history at an accounting firm might be included in the indictment. This information is relevant to the case because it shows that the person knew about certain tax violations.
When a defendant wants to remove surplusage from an indictment, they can ask the court to do so. But the court has the final say and may not always agree to remove the extra information.