Necessity

Necessity in United States

Necessity Definition

(Lat. necessitas) . Irresistible power; compulsive force, physical or moral. Webster. The influence or operation of superior power or irresistible force; the influence of a cause which cannot be avoided nor controlled. A constraint upon the will, whereby a man is urged to do that which his judgment disapproves, and which, it is to be presumed, his will (if left to itself) would reject. It is highly just and equitable, therefore, that a man should be excused for those acts which are done through unavoidable force and compulsion. 4 Bl. Comm. 27.

Necessity in Foreign Legal Encyclopedias

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Necessity Necessity in the European Legal Encyclopedia.
Necessity Necessity in the Asian Legal Encyclopedia.
Necessity Necessity in the UK Legal Encyclopedia.
Necessity Necessity in the Australian Legal Encyclopedia.

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Necessity Necessity in the Family Law Portal of the American Encyclopedia of Law.
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Necessity Necessity in the Criminal Law Portal of the American Encyclopedia of Law.
Necessity Necessity in the Antritrust Portal of the American Encyclopedia of Law.
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Necessity Necessity in the Tax Law Portal of the American Encyclopedia of Law.
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Necessity Necessity in the Employment and Labor Portal of the American Encyclopedia of Law.
Necessity Necessity in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Necessity Necessity in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

(Lat. necessitas) . Irresistible power; compulsive force, physical or moral. Webster. The influence or operation of superior power or irresistible force; the influence of a cause which cannot be avoided nor controlled. A constraint upon the will, whereby a man is urged to do that which his judgment disapproves, and which, it is to be presumed, his will (if left to itself) would reject. It is highly just and equitable, therefore, that a man should be excused for those acts which are done through unavoidable force and compulsion. 4 Bl. Comm. 27.

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This definition of Necessity Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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  • Further Reading (Articles)

    Necessity and crimes, The Manila Times; October 11, 2007; KHAYAL, DR A H

    Military Necessity as Normative Indifference, Georgetown Journal of International Law; January 1, 2013; Hayashi, Nobuo

    Medical necessity denials: prevention pays off., Healthcare Financial Management; October 1, 2004

    Reviving Necessity in Eminent Domain, Harvard Journal of Law & Public Policy; January 1, 2010; Bird, Robert C.

    Is necessity the brother of intention? The basis for the concept of easement by necessity was developed early in the history of English common law. Numerous examples of this concept can be found as far back as the 14th century, including some spirited debates over whether the grant of a pond and the fish in the pond gives the grantee the right to drain the pond and take all of the fish.(UNMISTAKABLE MARKS), Point of Beginning; January 1, 2012; Kline, Kristopher M.

    REVIVING NECESSITY IN EMINENT DOMAIN, Harvard Journal of Law & Public Policy; January 1, 2010; Bird, Robert C

    Necessity of Means, New Catholic Encyclopedia; January 1, 2003; EMINYAN, M.

    Managing medical necessity denials.(hfma roundtable)(Panel Discussion), Healthcare Financial Management; August 1, 2005

    View of Luxuries, Necessities Shifting, NPR All Things Considered; April 23, 2009; ROBERT SIEGEL

    Battle Escalates Over ‘Medical Necessity’., National Underwriter Life & Health-Financial Services Edition; March 8, 1999; FISHER, MARY JANE

    NOWADAYS, PROTESTERS INVOKE ‘NECESSITY DEFENSE’, The Boston Globe (Boston, MA); April 15, 1987; Jonathan Kaufman, Globe Staff

    Military necessity versus the protection of the wounded and sick: A critical balance, Military Medicine; August 1, 2002; Baer, Hans-Ulrich Baillat, Jean-Michel

    Acts, omissions, and the necessity of killing innocents, American Journal of Criminal Law; July 1, 2002; Stacy, Tom

    Revenue Integrity Software helps verify medical necessity.(Craneware Enhances Industry-Leading Medical Necessity Verification Solution), Product News Network; May 18, 2012

    Doctrine of military necessity, Daily News (New York, NY); May 14, 2009

    The Use of Force and (the State of) Necessity, Vanderbilt Journal of Transnational Law; March 1, 2004; Laursen, Andreas

    Craneware Updates Medical Necessity Verification Solution, Wireless News; May 14, 2012

    Variations on a Theme: Comparing the Concept of “Necessity” in International Investment Law and WTO Law, Chicago Journal of International Law; July 1, 2013; Mitchell, Andrew D. Henckels, Caroline

    Doctrine of military necessity., Daily News (Colombo, Sri Lanka); May 14, 2009

    Necessity, New Catholic Encyclopedia; January 1, 2003; KANE, W. H.

    Necessity meaning

    Where a defendant is compelled by overwhelming force to commit a tort that compelling force provides the excuse (q.v.) of necessity. The defendant will be exonerated C.f. justification.
    Bykofsky v. Borough of Middletown, D.C.Pa.,
    401 F.Supp. 1242, 1250.


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