fatal variance
n. In criminal procedure, a distinction between two assertions or documents that ought to be the same, leading to a due process violation; frequently, a difference between the language of the indictment and the theory pursued or proof presented at trial, thereby denying the defendant fair notice of the charges.

Webster's New World Law Dictionary. . 2000.

Look at other dictionaries:

  • fatal variance — A variance in indictment tending to mislead defendant in making defense or one preventing plea of former jeopardy. A variance occurs when facts proved at trial are different from those alleged in the indictment; however, variance constitutes… …   Black's law dictionary

  • fatal variance — A variance in indictment tending to mislead defendant in making defense or one preventing plea of former jeopardy. A variance occurs when facts proved at trial are different from those alleged in the indictment; however, variance constitutes… …   Black's law dictionary

  • fatal variance — A material variance between the pleading and the proof, a variance which actually misleads the opposing party to his prejudice in maintaining his cause of action or defense. 41 Am J1st Pl § 371 …   Ballentine's law dictionary

  • variance — var·i·ance / ver ē əns/ n 1: a disagreement between two documents or positions; esp: a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an …   Law dictionary

  • fatal — fa·tal adj 1: causing failure of a legal claim or cause of action a fatal defect in the proceedings W. R. LaFave and J. H. Israel 2: making something (as a contract) invalid or unenforceable there is a fatal indefiniteness with the result that… …   Law dictionary

  • variance — Civil and criminal practice. A discrepancy or disagreement between two instruments or two pleading allegations in the same cause, which should by law be entirely consonant. Thus, if the evidence adduced by the plaintiff does not agree with the… …   Black's law dictionary

  • Variance (land use) — A variance is a requested deviation from the set of rules a municipality applies to land use known as a zoning ordinance, building code or municipal code. In today’s land use approval environment a variance request can be a fatal flaw for… …   Wikipedia

  • forgery — A criminal offense at common law and under statutes defining the term variously. 36 Am J2d Forg § 1. Essentially, the false making or material alteration, with intent to defraud, or, under some statutes, intent to injure. (Green v State (Fla) 76… …   Ballentine's law dictionary

  • List of Dallas episodes — This is a list of episodes of the soap opera Dallas. The original miniseries from 1978 was labeled as Season One when the series was initially released on DVD in 2004. Although Season One officially began with episode that aired September 23,… …   Wikipedia

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