Law Dictionary

Net profits.

He did not deliver. In pleading. A plea in detinue, by which the defendant denies the delivery to him of the thing sued for.

One of the states of the American Union, being the thirty-seventh admitted to the Union. Its territory formed a part of the province of Louisiana as ceded by France, and was afterw

The act of killing.

Nor should the court be lacking in showing justice.

“necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway;

That is necessary which cannot be otherwise.

That is necessary which cannot otherwise be.

Necessary.

needful, requisite, essential, conducive to.

the words 'necessary and proper' as equivalent in meaning to the words 'appropriate, plainly adapted, not prohibited, but consistent with the letter and spirit of the Constitution

In construing this clause it would be incorrect and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably n

The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitu

A term said to be of much wider scope in the law of damages than "pecuniary." It embraces nil those consequences of an injury usually denominated "general" damages, as distinguishe

A deposit thrust upon one’s land by unavoidable cause.

That degree of diligence which a person placed in a particular situation must exercise in order to entitle him to the protection of the law in respect to rights or claims growing o

That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27-97.

Our decisions have consistently construed the term 'necessary' as imposing only the minimal requirement that the expense be 'appropriate and helpful' for 'the development of the (t

In this section, the term “necessary facilities” includes facilities that provide the services specified in section 1079(r)(1) of this title .

The principal power, when expressed, draws to it by necessary implication, the means of its execution. This is a settled rule in the construction of all grants of authority, whethe

While this language is admittedly broad, we conclude that it implies something similar to the concept of injunctions to 'protect or effectuate' judgments. Both exceptions to the ge

In Scotch law. That kind of intromission or interference where a husband or wife continues in possession of the other's goods, after their decease, for preservation. Wharton.

of aiding a federal court's limited habeas review.

those parties who have such an interest in the subject-matter of a snit in equity, or whose rights are so involved in the controversy, that no complete and effective decree can be

those whose presence in a suit is essential as a jurisdictional prerequisite to the entry of judgment, so that no decree can be made respecting the subject-matter of litigation unt

It was not enough in their absence that the complainant should state, and the defendant admit, that the latter had paid these judgments, and was now the only person interested in t

parties having no legal interest in maintaining or reversing a judgment or decree are not necessary parties to a writ of error or appeal.

while [the absent party] is a necessary party, in the sense that he has an interest in the controversy, his interest is not that of an indispensable party, without whose presence a

The term “necessary preconstruction approvals or permits” means those permits or approvals, required by the permitting authority as a precondition to undertaking any activity under

Include not only those absolutely indispensable to the safety of the ship, but such as are reasonably fit and proper under the circumstances. 3 Sumn. (U. S.) 237.

services which may be provided by grantees which are— (A) pregnancy testing and maternity counseling; (B) adoption counseling and referral services which present adoption as an opt

The term “necessary support” means normal wages and expenses the Secretary considers reasonable for lodging, subsistence, clothing, medical care (including hospitalization), repatr

Merely because an occupation involves a function not indispensable to the production of goods, in the sense that it can be done without, does not exclude it from the scope of the F

What is required is a practical judgment as to whether the particular employer actually operates the work as part of an integrated effort for the production of goods.

the work of the employees in these cases had such a close and immediate tie with the process of production for commerce, and was therefore so much an essential part of it, that the

In the civil law. Necessity; vis major.

QUOD COGIT, DEFENDIT. Necessity defends what it compels. Hale, P. C. 54. NECESSITAS SUB LEGE NON CONTInetur,.quia quod alias non est licitum necessitas facit licitum. Necessity is

Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity whic

Culpable or blameworthy necessity; that kind of necessity which excuses a man who kills another se defendendo. So called by Lord Bacon to distinguish it from the necessity of killi

Necessity is the law of time and place.

Necessity is the law of time and of place, 1 Halu, P. C. 54.

Necessity excuses or extenuates the offense in capital cases, but does not similarly operate in civil cases.

10 Coke, 61. Necessity makes that lawful which otherwise is not lawful.

Necessity makes lawful what would otherwise' be unlawful.

Necessity invokes privilege. See 10S N. C. 722, 19 Am. St. Rep. 568, & L. R. A. 297, 11 S. E. 525.

Necessity invokes, privilege in respect to a private right.

Necessity has no law. Plowd. 18. See "Necessity." 15 Viner, Abr. 534; 22 Viner, Abr. 540. NECESSITAS PUBLICA MAJOR EST quam privata. Public necessity is greater than private. Bac.

Publlc necessity is greater than private. "Death," it has bcen observed, "is the last and furthest point of particular necessity, and the law imposes it upon every subject that he

Public necessity is greater than private. See 141 N. C. 615, 7 L. R. A. (N. S.) 321, 54 S. E. 453.

Necessity defends that which it compels.

2 Inst. 326. Necessity is not restrained by law; since what otherwise is not lawful necessity makes lawful.

Necessity is not restrained by law, because that which is not otherwise lawful necessity makes lawful.

Necessity overcomes the law. Hob. 144. NECESSITAS VINCIT LEGEM; LEGUM vincula irrldet. Necessity overcomes law; it derides the fetters of law. Hob. 144. NECESSITY (Lat. necessitas)

Necessity supersedes law; it mocks the shackles of the law.

In the civil code of Louisiana the words are used relative to the fortune of the deceased and to the condition in which the claimant lived during the marriage. Smitl} v. Smith, 43

Lat. In the civll law. An obligation; a close connection; relationship by blood. Calvin.

The necessity must be urgent, and proceed from such a state of things as may be supposed to produce on the mind of a skilful mariner, a well grounded apprehension of the loss of ve

HOMICIDE BY. Aspe cies of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligenc

Such necessity for repairs and supplies is proved where such circumstances of exigency are shown as would induce a prudent owner, if present, to order them, or to provide funds for

A species of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the part

Before we may undertake to review a decision of the court of a State it must appear affirmatively from the record, not only that the federal question was presented for decision to

A cant term for the verse which the ordinary gave a malefactor who prayed his clergy to read, and by reading which he escaped hanging. The flrst verse of the 51st Psalm, being that

See Insanitt.

An autopsy or post-mor-tem examination of a human body.

Neither time nor place bars the king.

LAESO NUMINE, CASUS habet. Where the Divinity is insulted, the case is unpardonable. Jenk, Cent. Cas. 167.

CAsus habet. Where blood is spilled, the case is unpardonable. 3 Inst. 57.

Nor is there any occasion for indulgence where there is bloodshed.

There is no occasion for indulgence where majesty has been affronted.

Lest justice fail.

He was not disseised.

In pleading. The general issue in qu Mre impedit. Hob. 162. See Rast. Entr. 517; Winch, Entr. 703.

NON DEDIT. In pleading. The general issue in formedon. It is in the following formula: "And the said C. D., by J. K., his attorney, comes and defends the right, when, etc., and say

The general issue in a formedon, now abolished. It denied the glft in tail to have been made in manner and form as alleged; and was therefore the proper plea, if the tenant meant t

Born.

ne, I. fr. Born. Nee vife: born alive.

Nor should the court be deficient In showing justice. 4 Inst. 63.

In prior cases involving an indigent defendant's claim of right to a free transcript, this Court has identified two factors that are relevant to the determination of need: (1) the

a petitioner's showing of 'need for relief' under Ch. X, required to be contained in every petition by the express provisions of § 130(7), must demonstrate that at least in some su

In a statute with reference to the needless killing or bad treatment of animals, it denotes an act done without any useful motive, in a spirit of wanton cruelty, or for the mere pl

The 'need' of the carrier which Congress has directed the Board to consider in fixing a subsidy rate is 'the need' of the carrier as a whole. If the carrier's treasury is lush, 'th

The term “needy individual” means, with respect to a Medicaid provider, an individual— (i) who is receiving assistance under this subchapter; (ii) who is receiving assistance under

inevitably implied.' The court of appeals of the Sixth circuit, by Circuit Judge Lurton, adopts Lord Hardwicke's explanation, quoted by Lord Eldon in Wilkinson v. Adam, 1 Ves.

Jenk. Cent. 190. Neither time nor place affects the king.

Where blood is spilled, the case is un-r pardonable. 3 Inst. 57.

Where the Divinity is insulted the case is unpardonable. Jenk. Cent. 167.

Born alive.

In Old English Law. A high prerogative writ, generally called ne exeat regno, issued out of chancery to forbid a subject from leaving the realm. Originally it was issued for politi

A ne exeat in England. See Ne exeat .

A ne exeat in the U. S. See Ne exeat .

Wrongful.

Lat. Inauspicious. Applied, in the Roman law, to a day on which it was unlawful to open the courts or administer justice.

To deny.

negatyf, /. /)•. A negative or denial; a contrary or opposite allegation.

I. In the civil and old English law. A negation, or denial; a negativa Negatio conclusionis est error in lege: the denial of a conclusion is error in law. Negatio destruit uegation

The denial of a conclusion is an error in law.

A negative destroys a negative, and both make an affirmative. Co. Litt. 146b. Lord Coke cites this as a rule of grammatical construction, not always applying in law.

et ambae faclunt affirmatlone'm. A negative destroys a negative, and both make an affirmative. Co. Litt. 146.

A negative destroys a negative, and both together make an affirmative.

A double negative is an affirmative.