Conspiracy theory (legal term)

In law, a conspiracy theory is a theory of a case that presents a conspiracy to be considered by a trier of fact.[a][b] A basic tenet of "traditional 'conspiracy theory'" is that each co-conspirator is liable for acts of co-conspirators "during the existence of and in furtherance of the conspiracy".[2] Procedures and proof requirements for conspiracy theory litigation as well as the definition of 'conspiracy' vary by jurisdiction (British, U.S., …) and body of law (criminal, civil, …). In civil litigation, it can offer advantages relative to aiding-and-abetting or joint tortfeasor case theories.[3]


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  1. ^ Perkins v. Territory of Oklahoma, 1900 OK 98 (Supreme Court of Oklahoma September 5, 1900) ("No attempt was ever made by the prosecution to establish a conspiracy, and the court in his instructions to the jury entirely ignored the conspiracy theory.").
  2. ^ U.S. v. Sabatino, 943 F.2d 94, 96 (US Court of Appeals for the First Circuit 1991).
  3. ^ Leach, T.J. (October 1999). "Civil Conspiracy: What's the Use". U. Miami L. Rev. 54 (1).

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