Legal Term Dictionary

Lat Necessary; unavoidable; indispensable; not admitting of " choice or the action of the will; needful.

Lat Necessary; unavoidable; indispensable; not admitting of " choice or the action of the will; needful. Less...

Lat. In the civil law. An obligation; a close connection; relationship by blood. Calvin.

Lat. In the civil law. An obligation; a close connection; relationship by blood. Calvin. Less...

The Latin sentence, "Miserere mei, Deus," was so called, because the reading of it was made a test for those who claimed benefit of clergy.

The Latin sentence, "Miserere mei, Deus," was so called, because the reading of it was made a test for those who claimed benefit of clergy. Less...

As used in jurisprudence, the word "necessary" does not always Import an absolute physical necessity, so strong that one thing, to wjjieh another may be termed "necessary," cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. To More...

As used in jurisprudence, the word "necessary" does not always Import an absolute physical necessity, so strong that one thing, to wjjieh another may be termed "necessary," cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. To employ the means necessary to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means without which the end would be entirely unattainable. McCulloch v. Maryland, 4 Wheat 316, 413, 4 L. Ed. 579. As to necessary "Damages," "Deposit,* "Domicile," "Implication," "Intromission," "Parties," "Repairs," and "Way," see those titles. Less...

Lat. Necessity; a force, power, or influence which compels one to act against his will. Calvin. -Necessitas culpabilis. Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity which compels a man to kill More...

Lat. Necessity; a force, power, or influence which compels one to act against his will. Calvin. -Necessitas culpabilis. Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity which compels a man to kill another in self-defense is thus distinguished from that which requires the killing of a felon. See 4 Bl. Comm. 187.-Trinoda neoessitas. In Saxon law. The threefold necessity or burden; a term used to denote the three things from contributing to the performance of which no lands were exempted, viz., the repair of bridges, the building of castles, and militarv service against an enemy. 1 Bl. Comm. 263, 357. Necessitas est lan temporis at loci. Necessity is the law of time and of place, 1 Hale, P. C. 54. Neoessitas ezeniat ant extennat de-lletnm In capitalibus, qnod non operatnr Idem la eivilihus. Necessity excuses or extenuates a delinquency in capital cases, which has not the same operation in civil cases. Bac. Max. Necessitas faoit licitnm qnod alias non est licitnm. 10 Coke, 61. Necessity makes that lawful which otherwise is not lawful. Neeessitas indnoit privilegium qnoad jura privata. Bac. Max. 25. Necessity gives a privilege with reference to private rights. The necessity Involved in this maxim is of three kinds, viz.: <1) Necessity of self-preservation; (2) of obedience; and (3) necessity resulting from the act of God, or of a stranger. Noy, Max. 32.' Necessitas non habet legem. Necessity has no law. Plowd. 18a. "Necessity shall be a good excuse in our law, and In every other law." Id. Necessitas publica major est quam privata. Public necessity is greater than private. "Death," it has been observed, "is the last and furthest point of particular necessity, and the law imposes it upon every subject that he prefer the urgent service of his king and country before the safety of his life." Noy, Max. 34; Broom, Max. 18. Necessitas quod eogit, defendit. Necessity defends or justifies what it compels. 1 Hale, P. C. 54. Applied to the acts of a sheriff, or ministerial officer, in the execution of his office. Broom, Max. 14. Necessitas sub lege non oontinotur, quia quod alias non est licitnm neeessitas faoit licitnm. 2 Inst. 326. Necessity Is not restrained by law; since what otherwise is not lawful necessity makes lawful. Necessitas vincit legem. Necessity overrules the law. Hob. 144; Cooley, Const. 14m. (4th Ed.) 747. Necessitas vincit legem; legum vin-cula irridet. Hob. 144. Necessity overcomes law; it derides the fetters of laws. Less...

Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. When it is said that an act is done "under necessity," It may be. in law, either of three kinds of necessity: (1) The necessity of preserving one's own life, which will excuse More...

Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. When it is said that an act is done "under necessity," It may be. in law, either of three kinds of necessity: (1) The necessity of preserving one's own life, which will excuse a homicide; (2) the necessity of obedience, as to the laws, or the obedience of one not sui Juris to his superior; (3) the necessity caused by the act of God or a stranger. See Jacob; Mozley A Whitley. A constraint upon the will whereby, a person Is urged to do that which his judgment disapproves, and which, it is to be presumed, his will (if left to itself) would reject. A man. therefore, is excused for those actions which are done through unavoidable force and compulsion. Wharton. -Necessity, homicide by. A species of Justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame. As. for instance, by virtue of such an office as obliges one, in* the execution of public justice, to put "a malefactor to death who has forfeited his life to the laws of his country. But the law must require it otherwise it is not justifiable. 4 Bl. Comm. 178. Less...

See INSANITY.

See INSANITY. Less...

An autopsy, or post-mortern examination of a human body.

An autopsy, or post-mortern examination of a human body. Less...

In a statute against "needless" killing or mutilation of any animal,* this term denotes an act done without .any useful motive, in a spirit of wanton crueljty, or for the mere pleasure of destruction.. Grise v. State, 37 Ark. 460.

In a statute against "needless" killing or mutilation of any animal,* this term denotes an act done without .any useful motive, in a spirit of wanton crueljty, or for the mere pleasure of destruction.. Grise v. State, 37 Ark. 460. Less...

Lat That which is against, right or the divine law. A wicked or impl-: ous thing or act Calvin.

Lat That which is against, right or the divine law. A wicked or impl-: ous thing or act Calvin. Less...