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. These examples illustrate how a court can use the concept of subsuming to apply a broad legal rule to a specific case. It seems easier for everyone, however, to give three cheers and subsume the flames that came from Brixton and Manchester and Liverpool in the more congenial firelight of the. From there, the court plugs each relevant fact of the case into the broad rule and obtains its holding.Įxample 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.Įxample 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. Her fans laud her for refusing to subsume her identity to her husband's political ambitions. When a court subsumes a case, it decides that it fits within an established analytical framework. The women's athletic department will be subsumed under the men's.Definition: To bring a specific occurrence within a broad rule. subsume somebody/something under something
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