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Legal Definitions - silence

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Definition of silence

Definition: Silence is when someone refrains from speaking or fails to reveal something that is required by law to be revealed. In criminal law, silence can also refer to an arrestee's statements expressing the desire not to speak and requesting an attorney.

  • During the meeting, there was an awkward silence as no one knew what to say.
  • The suspect remained silent when questioned by the police.
  • By remaining silent, the witness failed to reveal important information that could have helped the case.

The first example illustrates silence as a restraint from speaking in a social situation. The second example shows silence in the context of criminal law, where an arrestee chooses not to speak. The third example demonstrates silence as a failure to reveal something required by law to be revealed, which can have legal consequences.

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Simple Definition

Term: SILENCE

Definition: Silence means not speaking or choosing to remain quiet. In some situations, like when someone is arrested, silence can also mean telling the police that you don't want to talk and asking for a lawyer. Sometimes, not saying something that you are required to say by law can also be considered silence. This is called estoppel by silence.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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