Legal Question in Constitutional Law in California

what is the different between an overt act and a predicate act?


Asked on 8/27/09, 5:24 pm

1 Answer from Attorneys

David Haddock David Haddock Legal

It really depends upon the context. In the sense of ordinary English usage, an overt act is one that is "Open and observable; not hidden, concealed, or secret," whereas a predicate act is one that is the base or foundation for something else. Those basic definitions don't really have much in common. In the criminal law context, especially as it relates to conspiracy, an open and observable (overt) act in furtherance of the conspiracy, may be a necessary foundation (predicate) for charging the actor as a co-conspirator. That is just general stuff. You really need to provide more context for your question.

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Answered on 8/27/09, 5:37 pm


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