Also known as: indispensable elements · essential element
Written by attorneys · grounded in primary & secondary sources — see below
A required component of a charge, claim, or defense without which the matter cannot succeed. The absence of such an element defeats the legal theory even if all other facts are proved.
Russell defended a breach-of-noncompete counterclaim by offering proof that he had repeatedly referred clients away in prior deals to honor similar agreements. The court admitted the specific instances because loyalty formed an indispensable element of his defense that no breach occurred.
Iain Irons was charged with attempted subornation of perjury after asking a witness to sign a false affidavit. The court dismissed the attempt count because materiality is an indispensable element of the completed offense and would have been absent even if the plan had succeeded.
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The prosecution charged Ivan Ivanov with theft but presented no evidence that he intended to deprive the owner permanently. The court acquitted because intent to deprive is an indispensable element that the government must prove beyond a reasonable doubt.
The state sought to enhance Ines Ibarra's sentence based on a judicial finding of bias. The court required the bias fact to be proved to a jury because it functioned as an indispensable element that increased the maximum penalty.
The state required Ira Irving to prove heat of passion to reduce murder to manslaughter. The court held that the prosecution must disprove the absence of malice because malice is an indispensable element of the murder charge.
Isaiah Ishikawa was prosecuted for transmitting threats after posting violent song lyrics online. The court required the government to prove that he intended the communications as threats because that mental state is an indispensable element of the offense.
Specific instances may be used when the character trait constitutes an indispensable element of a charge, claim, or defense under Rule 405(b).
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The defendant cannot be convicted of attempt when an indispensable element of the substantive offense would be absent even if the plan succeeded.
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An appellate reversal for lack of evidence on an indispensable element functions as an acquittal and bars retrial on the same charge.
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The government must prove every indispensable element of the offense beyond a reasonable doubt. Failure on any element requires acquittal.
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…addressed Congress' efforts to impede local activities it considered undesirable by prohibiting the interstate movement of some essential element. In the Lottery Case , 188 U. S. 321 (1903), the Court rejected the argument that Congress lacked power to prohibit the interstate movement of lottery tickets because it had power only to…