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Used in the context of a case against property, as opposed to a particular person. See also in rem jurisdiction. Cf. in personam. / ɪ n ˈ r ɛ m / in situ: in position Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before. / ɪ n ˈ s aɪ tj uː, ɪ n ˈ s ɪ tj uː / in ...
Emergency law/right (nødret, nødrett) is the equivalent of necessity in Denmark and Norway.[1] [2] It is considered related to but separate from self-defence.Common legal examples of necessity includes: breaking windows and other objects in order to escape a fire, commandeering a vehicle to serve as an emergency ambulance, ignoring traffic rules while rushing a dying patient to a hospital ...
In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which the defence of necessity has succeeded, and in general terms there are very few situations where such a defence could even be applicable.
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels , trespass to land , or conversion .
Opinio juris sive necessitatis ("an opinion of law or necessity") also simply opinio juris ("an opinion of law") is the belief that an action was carried out as a legal obligation. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual.
The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...
The doctrine of necessity may also refer to the necessity of a judge with a reasonable apprehension of bias continuing to decide a matter if there is no alternative to that judge. The Supreme Court of Canada applied this doctrine in the 1998 Reference re Remuneration of Judges (No 2) case.
In the case, the Court ruled against Maryland in an opinion written by Chief Justice John Marshall, Hamilton's longtime Federalist ally. Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that ...