variance

variance
An exception from the application of a zoning regulation granted by proper authority to relieve against practical difficulties and unnecessary hardship. 58 Am J1st Zon §§ 194 et seq. A disagreement or difference between two parts of the same proceeding which ought to agree especially the pleading and proof. 41 Am J1st Pl § 370. A difference between a party's allegations and his proofs. A substantial departure from the issue in the evidence adduced concerning a matter which i n point of law is essential to the charge or claim. 41 Am J1st PI §§ 370 et seq. A discrepancy between the allegations in the indictment or information and the proof as to some matter which is legally essential to the charge. State v Crean, 43 Mont 47, 114 P 603. In a criminal case, a variance is an essential difference between the accusation and the proof, and the variance is not material unless it is such as might mislead the defense, or expose the defendant to the injury of being put twice in jeopardy for the same offense. Brashears v State, 38 Okla Crim 175, 259 P 665.

Ballentine's law dictionary. . 1998.

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Synonyms:
, / , , , , , / , (as between the writ and the declaration, or between the allegation and the proof)


Look at other dictionaries:

  • variance — [ varjɑ̃s ] n. f. • 1904; de variant, p. prés. de varier, d apr. invariant, covariant 1 ♦ Sc. Nombre de conditions définissant un système physique ou chimique et que l on peut faire varier arbitrairement sans détruire l état d équilibre du… …   Encyclopédie Universelle

  • variance — 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 …   Law dictionary

  • Variance — Va ri*ance, n. [L. variantia.] [1913 Webster] 1. The quality or state of being variant; change of condition; variation. [1913 Webster] 2. Difference that produce dispute or controversy; disagreement; dissension; discord; dispute; quarrel. [1913… …   The Collaborative International Dictionary of English

  • variance — The phrase at variance should be followed by with, not from: • The pace at which strategy was being implemented was at variance with the quick decision making this business requires Guardian, 2006 …   Modern English usage

  • variance — mid 14c., fact of undergoing change, from O.Fr. variance, from L. variantia, from variare to change (see VARY (Cf. vary)). Meaning state of disagreement is recorded from early 15c. The U.S. zoning sense of official dispensation from a building… …   Etymology dictionary

  • variance — ► NOUN 1) (usu. in phrase at variance with) the fact or quality of being different or inconsistent. 2) the state of disagreeing or quarrelling. 3) chiefly Law a discrepancy between two statements or documents …   English terms dictionary

  • variance — [ver′ē əns, var′ē əns] n. [OFr < L variantia < L varians, prp. of variare, to VARY] 1. the quality, state, or fact of varying or being variant; a changing or tendency to change 2. degree of change or difference; divergence; discrepancy 3.… …   English World dictionary

  • variance — *discord, contention, dissension, difference, strife, conflict Analogous words: difference, diversity, divergency, disparateness (see corresponding adjectives at DIFFERENT): separation, division, severing, sundering (see corresponding verbs at… …   New Dictionary of Synonyms

  • variance — [n] difference about face*, argument, change, conflict, contention, deviation, difference of opinion, different strokes*, disaccord, disagreement, discord, discrepancy, dissension, dissent, dissidence, disunity, divergence, diversity, division,… …   New thesaurus

  • Variance — In probability theory and statistics, the variance of a random variable, probability distribution, or sample is one measure of statistical dispersion, averaging the squared distance of its possible values from the expected value (mean). Whereas… …   Wikipedia

  • Variance — A measure of dispersion of a set of data points around their mean value. The mathematical expectation of the squared deviations from the mean. The square root of the variance is the standard deviation. The New York Times Financial Glossary * * *… …   Financial and business terms

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