Neeessitas excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus. Necessity excuses or extenuates a delinquency in capital cases, which has not the same operation In civil cases. Bac. Max. Neeessitas facit licitum quod alias non est licitum. 10 Coke, 61. Necessity makes that lawful which otherwise is not lawful. Neeessitas inducit privilegium quoad jura privata. Bac. Max. 25. Necessity gives a privilege with reference to private rights. The necessity involved in this maxim Is of three kinds, viz.: (1) Necessity of self- preservation; (2) of obedience; and (3) necessity resulting from the act of God, or of a stranger. Noy, Max. 32. Neeessitas non babet legem. Necessity has no law. Plowd. 18a. “Necessity shall be a good excuse in our law, and in every other law.” Id. Neeessitas publica major est quam privata. Public necessity is greater than private. “Death,” it has been observed, “is the last and furthest point of particular necessity, and the law imposes it upon every subject that he prefer the urgent service of his king and country before the safety of his life.” Nov, Max. 34; Broom, Max. 18. Neeessitas quod cogit, defendit. Necessity defends or justifies what it compels. 1 Ilale, P. C. 54. Applied to the acts of a sheriff, or ministerial officer, in the execution of bis office. Broom, Max. 14. Neeessitas snb lege non continetur, quia quod alias non est licitum neeessitas facit licitum. 2 Inst. 326. Necessity is not restrained by law : since what otherwise is not lawful necessity makes lawful. Neeessitas vincit legem. Necessity overrules the law. Ilob. 144; Cooley, Const. Lim. (4th Ed.) 747. Neeessitas vincit legem; legum vin- cula irridet. Ilob. 144. Necessity overcomes law; it derides the fetters of laws.
What is NEGATIVE?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Should I Freeze My Credit?
- Living Will – The Pros & Cons You Need to Know
- What does it mean to be acquitted?
- Forming an LLC in Missouri
- Double Jeopardy Law
- How To Take Someone To Small Claims Court
- What is Jury Nullification?
- Guide to Court Ordered Mediation
- Workplace Retaliation – What It Is And How To Handle It
- A Guide on Lemon Law for New & Used Cars
- What Is A Police Welfare Check?
- Best Way to Find Someone in Jail for Free
- How to Transfer a Car Title When The Owner Is Deceased
- How To Find A Name & Address Using A License Plate Number
- Best Way to Write a Professional Letter to a Judge
- How To Find An Inmate’s Release Date
- What Can You Do At 18 Legally?
- Signing a Letter on Someone Else’s Behalf
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check