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Jus Necessitatis - Law Dictionary Search Results

Home Dictionary Name: jus necessitatis

Jus necessitatis

Jus necessitatis, means a person's right to do what is required for which no threat of legal punishment is a dissuasion. This idea implicates the proverbs that necessity knows no law (necessitas non habet legem), so that an act that would be objectively understood as necessary is not wrongful even if done with full and deliberate intention, Black's Law Dictionary, 7th Edn., p. 866....


In casu extrem' necessitatis omnia sunt communia

In casu extrem' necessitatis omnia sunt communia. Hale, P.C. 54.-(In a case of extreme necessity everything is in common.)...


Lex necessitatis est lext temporis , scilicet, instantis

Lex necessitatis est lext temporis , scilicet, instantis [Lat.], the law of necessity is the [only] law for the time - that is, for the instant....


Jus

Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...


Quando jus domini regis et subditi concurrunt jus regis praeferri debet

Quando jus domini regis et subditi concurrunt jus regis praeferri debet, means where the title of the king and the title of a subject concur, the King's title must be preferred, Laws of England, 4th Edn., Vol. 8, para 1076, p. 666.Quando jus domini regis et subditi concurrunt jus regis preferri debet (9 Rep. 129), when the rights of the king and of the subject concur, those of the king are to be preferred....


jus cogens

jus cogens [New Latin, literally, constraining law] : a principle of international law that is based on values taken to be fundamental to the international community and that cannot be set aside (as by treaty) [it is doubtful that any state has ever violated jus cogens norms on a scale rivaling that of the Third Reich "Princz v. Federal Republic of Germany, 26 F.3d 1166 (1994)"] [genocide and slave trade are violations of jus cogens] ...


Jus honorarium

Jus honorarium, the body of Roman Law, which was made up of edicts of the supreme magistrate, particularly the pr'tors.Jus honorarium, means 'magisterial law'. The body of law established by the edicts of the supreme magistrates including the praetors and the aediles (jus aedilium), Black's Law Dictionary, 7th Edn., p. 865....


Jus in re

Jus in re, a complete and full right; a real right, or a right to have a thing, to the exclusion of all other men.Jus in re, means right in or over a thing. A right in property valid against anyone in the world; a complete and perfect right to a thing. Also termed jus in rem, Black's Law Dictionary, 7th Edn., p. 865....


Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum

Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum. 10 Co. 42, (A new adjudication does not make a new law, but declares the old; because adjudication is the utterance of the law, and by adjudication the law is newly revealed which was for a long time hidden,)...


jus ad rem

jus ad rem [Medieval Latin, right to a thing] : a personal right to possession of property that usually arises from a contractual obligation (as a lease) compare jus in re ...


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