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The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions. The maxim on which the doctrine is based ...
The necessity doctrine requires that a condemnor justify that the proposed taking is reasonably necessary for the stated purpose. Few attorneys and even fewer scholars have discussed the role of necessity doctrine in modern eminent domain practice.
- Robert C. Bird, Lynda J. Oswald
- 2009
public necessity. In tort law, the public necessity defense can be used against charges of trespass or conversion where a defendant reasonably believes interference with a plaintiff’s property is necessary to prevent an imminent emergency situation.
certainty. Necessity. A defense asserted by a criminal or civil defendant that he or she had no choice but to break the law. The necessity defense has long been recognized as Common Law and has also been made part of most states' statutory law.
Some resist the very idea of government and scoff at the principle of compromise. But government is necessary because people need it to resolve their conflicts, and compromise is the tool by which governing officials hammer out such conflict resolution.
Commentary. e term “necessity” (état de nécessité) is used to denote those exceptional cases where the only way a State can safeguard an essential interest threatened by a grave and imminent...
At com-mon law, the necessity defense, a form of justification, permitted defen-dants to avoid criminal liability by appealing to a “balancing of evils.” If the defendant demonstrated that he perpetrated his crime in order to avert a greater evil, he would be acquitted.
