var·i·ance /'ver-ē-əns/ n
1: a disagreement between two documents or positions; esp: a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an acquittal) when prejudicial to the substantial rights of the defendant
2: an authorization to do something contrary to the usual restriction
a variance granted by a state agency; esp: permission for a use of real property that is prohibited by a zoning ordinance see also unnecessary hardship compare spot zoning

Merriam-Webster’s Dictionary of Law. . 1996.

I (disagreement) noun alienation, altercation, breach, contention, contrariety, controversy, difference, disaccord, discongruity, discord, discordia, discrepancy, disharmony, disparity, dispute, dissensio, dissension, dissent, dissidence, disunity, divergence, diversity, division, incompatibility, nonagreement, odds, opposition, quarrel, rupture, split, strife, unconformity II (exemption) noun anomaly, deviation, divergence, exception, leave, special dispensation III index alienation (estrangement), argument (contention), conflict, contest (dispute), contradiction, contravention, controversy (argument), deviation, difference, digression, disaccord, disagreement, discord, discrepancy, disparity, dispute, dissent (difference of opinion), dissent (nonconcurrence), dissidence, distinction (difference), estrangement, feud, fight (argument), incompatibility (difference), incompatibility (inconsistency), incongruity, inconsistency, inequality, nonconformity, nuance, rift (disagreement), split, strife

Burton's Legal Thesaurus. . 2006

(1) A discrepancy.
(2) A disagreement between the allegations in a pleading and the evidence offered to prove them.
(3) Permission to use property in a way not allowed under applicable zoning ordinances;
see also unnecessary hardship

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

1) An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a house in accordance with your city's setback requirement, you could apply at the appropriate office (usually the zoning or planning department) for a variance allowing you to build closer to a boundary line.
2) In criminal cases, a discrepancy between what is alleged in the charges and what the prosecution produces as proof. If the judge or jury has nevertheless convicted the defendant, an appellate court may find that the discrepancy is a "fatal variance," requiring reversal.
3) In civil cases, the disparity between the plaintiff's claims (or allegations) and the proof that the plaintiff has produced. Modern pleading rules allow plaintiffs to amend their claims even during trial, to conform with the evidence they produce.
Category: Criminal Law
Category: Real Estate & Rental Property → Homeowners
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

1 A discrepancy between two documents or statements that should agree; especially in a criminal trial, a disparity between what is alleged in the charges and what is presented at trial as proof.
2 In zoning law, an exception to a specified zoning regulation that may be granted by a zoning board or authority; for example, reducing the number of required parking spaces for a business below the number set forth in zoning regulations as being required for a business of that size or type.

Webster's New World Law Dictionary. . 2000.

The discrepancy between what a party to a lawsuit alleges will be proved in pleadings and what the party actually proves at trial.
In zoning law, an official permit to use property in a manner that departs from the way in which other property in the same locality can be used.

Dictionary from West's Encyclopedia of American Law. 2005.

The discrepancy between what a party to a lawsuit alleges will be proved in pleadings and what the party actually proves at trial.
In zoning law, an official permit to use property in a manner that departs from the way in which other property in the same locality can be used.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   1) an exception to a zoning ordinance, authorized by the appropriate governmental body such as a planning commission, zoning board, county commissioners or city council. Example: the zoning ordinance requires that no residences can be built within 10 feet of a property's back line, but due to the odd shape of May Matheson's property, she needs to build her dream house within five feet of the property line at one point. The local zoning board listens to her plea, finds that the neighbors do not object, and grants her a variance to build closer to the back line.
   2) a difference between what the prosecution has charged and what it has proved against a criminal defendant.
   3) a difference between what is alleged in a civil complaint and what is proved. A substantial variance may be fatal to the prosecution's case against the accused or fatal to a plaintiff's (the person who filed the suit) lawsuit. In each case the judge can dismiss the case as a matter of law, without sending the factual issues to the jury. In criminal cases the test of a fatal variance is somewhat stricter than in a civil lawsuit, since a minor difference between the charge and the proof may mislead the defendant and deny him/her "due process."
   See also: dismissal, proof

Law dictionary. . 2013.

Игры ⚽ Поможем решить контрольную работу
, / , , , , , / , (as between the writ and the declaration, or between the allegation and the proof)

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