Also known as: elements
Written by attorneys · grounded in primary & secondary sources — see below
A constituent part of a claim, offense, or defense that must be established by proof to succeed on the claim or obtain a conviction.
Ella Emerson directed an innocent delivery driver to move boxes from a loading dock into her van. The driver followed the instructions without knowing the boxes belonged to another company. Ella later sold the contents for profit. Because she obtained actual control through the driver's actions, the taking element of larceny was satisfied.
Edith Eberhardt granted a mortgage on her home to Empire Logistics under a title-theory jurisdiction. Empire held legal title while Edith retained only the equity of redemption. When Empire sought possession after default, the court applied the title theory to determine the parties' respective rights.
Select any source to read its text and confirm it supports the definition.
Edgar Evers was charged with a crime in which his character for violence was an essential element of the defense. The defense offered testimony about three prior fights in which Edgar had acted peacefully. The court admitted the specific instances because they directly proved the character trait at issue.
Emanuel Escobar set fire to a vacant warehouse intending that the structure burn completely. The fire spread as he had planned. Because his conscious object was to cause the result of burning, the purposeful element of the arson offense was met.
Esme Ellington filed a complaint alleging breach of contract on behalf of Echo Systems. She included a novel argument that existing precedent should be extended to cover the facts. Because the argument rested on a good-faith extension of law, every element of the claim satisfied the nonfrivolous standard.
Eduardo Enriquez executed a will while hospitalized. He understood the extent of his property, identified his children as natural objects of his bounty, and expressed a coherent plan for distribution. Because he could relate these elements and form an orderly desire, the capacity element for a valid will was satisfied.
The taking element requires that the defendant actually obtain control over the property. Merely moving or destroying property does not satisfy the element unless control is gained.
Supporting sources
Specific instances may prove a character trait when the trait is an essential element of a charge, claim, or defense. The instances must be relevant to that element.
Supporting sources
The lawyer must have a basis in law and fact that is not frivolous. This includes a good-faith argument for extension or modification of existing law.
Supporting sources
The testator must understand the nature and extent of property, the natural objects of bounty, and the disposition being made, and must relate these elements to form an orderly desire.
Supporting sources
…All these are factors the woman and her responsible physician necessarily will consider in consultation. On the basis of elements such as these, appellant and some amici argue that the woman's right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever…