A immaterial variance refers to a minor discrepancy between two statements or documents that does not impact the result of a legal case. It is not significant enough to deceive or harm the defendant, and is therefore considered a harmless error. In zoning law, a variance is a authorization to deviate from regulations, either regarding construction and placement or usage. An area variance permits alterations in construction, while a use variance permits changes in how the property is utilised.
Immaterial variance refers to a minor discrepancy between two statements or documents that does not deceive or harm the defendant and is considered a harmless error. In criminal procedure, it occurs when there is a difference between the allegations in a charging instrument and the evidence presented at trial. For instance, if the charging instrument claims that the defendant stole $10,000, but the trial evidence shows that the defendant actually stole $9,500, it is deemed an immaterial variance because the difference is too insignificant to mislead or harm the defendant. Another example of immaterial variance is when a zoning law allows for a licence or official authorization to deviate from its requirements. For example, an area variance permits deviation from zoning requirements regarding construction and placement, but not regarding use. On the other hand, a use variance allows for deviation from zoning requirements regarding use. These examples demonstrate that immaterial variance is a minor difference that does not impact the outcome of a case or violate the defendant’s rights. In the first example, the difference in the amount of theft alleged and proven is too small to significantly affect the defendant’s guilt or innocence. In the second example, as long as the deviation from zoning requirements falls within the limits of the granted licence, it is not considered a violation.
An immaterial variance refers to a minor deviation or discrepancy between the allegations made in a legal document or complaint and the actual evidence presented during a trial or hearing. It is a discrepancy that does not affect the overall substance or outcome of the case.
An immaterial variance typically does not have a significant impact on the outcome of a case. Courts generally allow for minor discrepancies as long as they do not mislead or prejudice the opposing party.
In some cases, an immaterial variance can be used as a defence strategy to challenge the credibility or accuracy of the opposing party’s claims. However, its effectiveness may vary depending on the specific circumstances of the case.
If a party raises an objection based on an immaterial variance, the court will evaluate the significance of the discrepancy and determine whether it warrants any action. In most cases, the court will likely dismiss the objection if it is deemed immaterial.
Generally, an immaterial variance alone is not sufficient grounds for dismissing a case. Courts tend to focus on the substance of the claims and evidence presented rather than minor discrepancies.
To prove that a variance is immaterial, one must demonstrate that it does not affect the essential elements of the case or the rights of the opposing party. This can be done by showing that the discrepancy is minor, inconsequential, or does not mislead or prejudice the other party.
In most cases, there are no significant legal consequences for making an immaterial variance. However, intentionally making false or material variances can lead to potential penalties such as perjury charges or sanctions.
If an immaterial variance is identified during a trial or hearing, the court may allow the party to correct or amend the document or complaint to align with the evidence presented. This is typically done to ensure fairness and prevent any prejudice to the opposing party.
An immaterial variance may have a minimal impact on the credibility of a witness, as it suggests a minor inconsistency in their testimony. However, it is up to the court to determine the weight and significance of such discrepancies in evaluating witness credibility.
Attorneys can handle an immaterial variance by either challenging its significance through objections or by presenting evidence to demonstrate its immaterial nature. They may also seek to correct or amend the document or complaint to align with the evidence presented.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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