special circumstances

Some common uses of the term “special circumstances” in a legal sense include:

• In the context of criminal law , special circumstances refer to those situations where criminal activities are executed with high disregard to society and/or life. These are the actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment. “Special circumstances” in murder cases may result in the death penalty being awarded.
• In the context of bankruptcy , this case from Virginia , explains that “special circumstances” sufficient to rebut ‘ means test ’ presumption of abuse ,  are circumstances that are both unusual and necessary, in the sense that they leave a debtor with no reasonable alternative.

[Last updated in September of 2021 by the Wex Definitions Team ]

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