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Legal Definitions - Subsume

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Definition of Subsume

Definition: To bring a specific occurrence within a broad rule. When a court subsumes a case, it decides that it fits within an established analytical framework. From there, the court plugs each relevant fact of the case into the broad rule and obtains its holding.

Example 1: In a criminal case, the court may subsume the defendant's actions under the broad rule of "murder." The court will then analyze the specific facts of the case to determine if the defendant's actions meet the elements of murder, such as intent and causation.

Example 2: In a contract dispute, the court may subsume the parties' arguments under the broad rule of "breach of contract." The court will then analyze the specific terms of the contract and the actions of each party to determine if a breach occurred.

These examples illustrate how a court can use the concept of subsuming to apply a broad legal rule to a specific case. By breaking down the case into its relevant facts and applying them to the established rule, the court can make a decision that is consistent with legal precedent and principles.

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Simple Definition

Term: Subsume

Definition: Subsume means to fit a specific situation into a general rule. For example, when a court subsumes a case, it decides that it fits within an established analytical framework. The court then applies the relevant facts of the case to the broad rule and makes a decision based on that.

If we desire respect for the law, we must first make the law respectable.

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