Idioms:
necessity
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Necessity: A situation in which one is forced to do something. Someone who has had no chance but to act in a certain unlawful manner may be excused from this behavior if necessity was the cause of carrying out the act.
NECESSITY. In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities, ...
Necessity: The term must be necessary to ensure reasonable or effective operation of a contract of the nature before the court.
Consistency: The implied term may not contradict an express term (same as for formal contracts).
"As necessity creates the nule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power.
Rule of necessity
Definition
: a rule permitting or requiring a judge or other official to adjudicate a case despite bias or personal interest when disqualification would result in the lack of any competent tribunal
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TOP Eminent domain : USA: The legal power to expropriate private land for the sake of public necessity.
On the one hand there was, under royal charters, the burgh or municipal organization and control of artisan and craft labour, passing later into the more specialized organization in craft gilds; on the other hand, there was a necessity, ...
Oath The solemn oath is a foundation of Western Jurisprudence and a necessity of our modern legal system, ...
in custody - A suspect is "in custody" for purpose of determining necessity of Miranda warnings if police, by word or conduce, have manifested to suspect that he is not free to leave.
Goods are privileged in cases where the proprietor is either compelled, from necessity to place his goods upon the land, or where be does so for commercial purposes.
The law of military necessity in the actual presence of war, administered by the general of the army. Martial law is built upon no settled principles, but is entirely arbitrary in its decisions.
Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit.
AFFIRMATIVE DEFENSE - Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, necessity, or coercion to avoid civil or criminal responsibility.
Burden of proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof).
Sometimes referred to as flags of necessity; denotes registration of vessels in foreign nations that offer favorable tax structures and regulations; also the flag representing the nation under whose jurisdiction a ship is registered.
Burden of Proof - In the law of evidence, the necessity or duty of proving a fact or facts in dispute.
Cause - A suit, litigation or action - civil or criminal. A case filed in court.
JETTISON, or JETSAM.
The casting out of a vessel, from necessity, a part of the lading; the thing cast out also bears the same name; it differs... more ...
The legal power of a governmental entity to expropriate private land for the sake of public necessity, even if the owner objects. The owner must receive "just compensation", which usually means fair market value. Also sometimes called condemnation.
Strict Liability
Liability that arises without the necessity of first showing fault or negligence. For example, many states impose strict liability on the owners of animals that cause damage or injury.
Per se doctrine - Under this doctrine an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.
class action: Rule 23; a device whereby a representative may assert the rights of numerous other persons in a lawsuit without the necessity of having each class member participate in the lawsuit.
Default Judgment: A judgment issued when the defendant offers no defense by not responding to the complaint. A judge may issue a judgment without the necessity of a trial.
Defendant: The person against whom a claim is brought.
A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, insanity, and necessity are ...
The Judicial Branch does not warrant the accuracy of the information contained herein nor is it responsible for any errors or omissions and assumes no liability for its use. This information is by necessity general in nature and is not intended as ...
the crime of inflicting physical pain, suffering or death on an animal, usually a tame one, beyond necessity for normal discipline.
against the rights of the property owner for a statutory number of years, typically five ("prescriptive easement"), or to do equity (fairness), including giving access to a "land-locked" piece of property (sometimes called an "easement of necessity").
PERSONAL RECOGNIZANCE - Release of a defendant from jail or arrest by a judicial officer, upon the promise to appear in court without the necessity of posting bond but with some conditions imposed.
Under this doctrine and activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.
Personal Recognizance: ...
 See also: Person, Law, State, Will, Nation
  
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