Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Necessity
1. Criminal law. A justification defense for a person who acts in an emergency that he or she did not create and who commits a harm that is less severe than the harm that would have occurred but for the person's actions. ( For example, a mountain climber lost in a blizzard can assert necessity as a defense to theft of food and blankets from another's cabin. - Also termed choice of evils; duress of circumstances. 2. Torts. A privilege that may relieve a person from liability for trespass or conversion if that person, having no alternative, harms another's property in an effort to protect life or health.
agency by necessity.
see agency of necessir
agency from necessity
see agency of necessity.
agency of necessity
An agency arising dig ing an emergency that necessitates the agent's acting without authorization from the principal; the relation between a person win exigent circumstances acts in the inter of another without being authorized to do s 0 it is a quasi-contractual relation formed the operation of legal rules and not by u agreement of the parties. -- also term agency from necessity; agency by necessity. see negotiorum gestio.
certificate of convenience and necessity
A certificate issued by an administrative agency granting operating authority to a utility or transportation company. - Also termed certificate of public convenience and necessity.
certificate of public convenience and necessity
See CERTIFICATE OF CONVENIENCE AND NECESSITY.
easement by necessity
An easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road. - Also termed easement of necessity; necessary way. easement by prescription See prescriptive easement.
easement by necessity.
See EASEMENT.
easement of necessity
See easement by necessity.
manifest necessity
Criminal procedure. A sudden and overwhelming emergency, beyond the court's and parties' control, that makes conducting a trial or reaching a fair result impossible and that therefore authorizes the granting of a mistrial. 0 The standard of manifest necessity must be met to preclude a defendant from successfully raising a plea of former jeopardy after a mistrial has been declared.
military necessity
Int'l law. A principle of warfare that permits enough coercive force to achieve a desired end, as long as the force used is not more than is called for by the situation. ( This principle dates from the Hague Convention on Laws and Customs of War on Land of October 18, 1907, which prohibits the destruction or seizure of enemy property "unless such destruction of seizure be imperatively demanded by the necessities of war."
moral necessity
See NECESSITY.
moral necessity.
A necessity arising from a duty incumbent on a person to act in a particular way.
necessity defense
See JUSTIFICATION (2).
physical necessity
See NECESSITY.
physical necessity.
A necessity involving an actual, tangible force that compels a person to act in a particular way.
private necessity
Torts. A necessity that involves only the defendant's personal interest and thus provides only a limited privilege. ( For example, if the defendant harms the plaintiff's dock by keeping a boat moored to the dock during a hurricane, the defendant can assert private necessity but must compensate the plaintiff for the dock's damage.
public necessity
Torts. A necessity that involves the public interest and thus completely excuses the defendant's liability. ( For example, if the defendant destroys the plaintiff's house to stop the spread of afire that threatens the town, the defendant can assert public necessity.
public-convenience-and-necessity standard
A common criterion used by a governmental body to assess whether a particular request or project is suitable for the public.
rule of necessity
A rule requiring a judge or other official to hear a case, despite bias or conflict of interest, when disqualification would result in the lack of any competent court or tribunal.
way of necessity
See implied easement under EASEMENT.
work of necessity
Work reasonably essential to the public's economic, social, or moral w fare as determined by the community standards at a particular time, and excepted from the operation of blue laws. See BLUE LAW.