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Simple English definitions for legal terms
special circumstances
Read a random definition: N.S.
A quick definition of special circumstances:
Special circumstances refer to situations where something out of the ordinary has occurred that requires special attention or consideration. In legal terms, special circumstances can refer to situations where a crime was committed with extreme disregard for society or life, resulting in a more severe punishment such as the death penalty. In bankruptcy cases, special circumstances may be used to show that a debtor has no other reasonable options and should not be subject to certain requirements.
A more thorough explanation:
Special circumstances refer to situations that are unique or exceptional in some way. In a legal context, special circumstances can have significant implications for the outcome of a case.
In criminal law, special circumstances refer to situations where a crime is committed with a high level of disregard for society or human life. These circumstances may include factors such as premeditation, the use of a deadly weapon, or the commission of a crime during the course of another felony. In some cases, special circumstances may result in a more severe punishment, such as the death penalty.
If someone commits a murder with a gun and shows no remorse, this could be considered a special circumstance that warrants a harsher punishment.
In bankruptcy cases, special circumstances may be used to rebut the presumption of abuse under the means test. These circumstances must be both unusual and necessary, meaning that the debtor has no reasonable alternative. Examples of special circumstances in bankruptcy may include medical expenses, job loss, or a natural disaster.
If a debtor has significant medical expenses due to a chronic illness, this could be considered a special circumstance that justifies a deviation from the means test.