Justification - Law Dictionary Search Results
Home Dictionary Name: justificationJustification
Justification, a maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel; a defence of justification is a defence showing the libel to be true, or in an action of assault showing the violence to have been necessary.If in a libel action a defendant pleads justification he must give particulars of the matters upon which he intends to rely in support of his plea (see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel.Means (1) A lawful or sufficient reason for one's acts or omissions (2) A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having enough money or credit to provide security for the party for whom it is required. ...
justification
justification 1 : the act or an instance of justifying 2 : something that justifies ;specif : a legally sufficient reason or cause (as self-defense) for an act that would otherwise be criminal or tortious 3 : the affirmative defense of having a legally sufficient justification compare excuse ...
Justification defense
Justification defense, means a defense that arises when the defendant has acted in a way that the law does not seek to prevent. Traditionally, the following defenses were justifications: Consent, self-defence, defense of others, defense of property, necessity (Choice of evils), the use of force to make an arrest, and the use of force by public authority, Black's Law Dictionary, 7th Edn., p. 871....
Justificators
Justificators, a kind of compurgators, or those who by oath justified the innocence or oaths of others, as in the case of WAGER OF LAW, q.v....
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
malice
malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
excuse
excuse ex·cused ex·cus·ing vt 1 : to grant exemption or release to [excused the prospective juror] [excused the witness after an hour of testimony] 2 : justify vi : to serve as an excuse or justification [exigent circumstances may "J. J. White and R. S. Summers"] [ik-skyüs] n 1 : excusal 2 a : a circumstance that allows for release under the law from an obligation, duty, or contractual liability compare act of god, force majeure, fortuitous event, impossibility of performance b : a circumstance (as a physical threat) that grants immunity for otherwise tortious or criminal conduct compare justification, privilege ...
Damdupat
Damdupat, the principle of Damdupat was evolved both as an inducement to the debtor to pay the entire principal and interest thereon at one and the same time in order to save interest in excess of the principal and as a warning to the creditor to take effective steps for realising the debt from the borrower within reasonable time so that there be not such accumulation of interest as would be in excess of the principal amount due, as in that case he would have to forego the excess amount. There may be justification for the principle of Damdupat applying in the case of an ordinary creditor and a debtor, but there seems no justification for extending that principle to the case of a trustee who has to pay interest on the funds in his hand with respect to which on certain grounds he is held liable to pay interest, Hukumchand Gulabchand Jain v. Fulchand Lakhmichand, AIR 1965 SC 1692 (1698): (1965) 3 SCR 1....
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