Define Justification Legal Term

It is an age-old common law principle that trespassing can be justified in many cases. A man can justify what would otherwise have been an intrusion. For example, registration on someone else`s property in order to require the owner of the land to owe a debt owed to him or to withdraw property belonging to him is justified. Such an entry should be peaceful. The justification must be invoked in particular before the courts. The courts do not accept the justification put forward as evidence in the context of the general question plea. The justification objection, supported by evidence, constitutes a complete obstacle to the remedy. See full definition of reasoning in the dictionary of English language learners Reasoning is an acceptable reason for a court of why the defendant did what he is accused of doing. In short, by justification, the accused shows and has a good legal reason in court to explain why he did what he is called to answer. For example, in a defamation lawsuit, a defense that shows that the defamation is true; in an act of bodily harm that demonstrates that the violence was necessary; and a good reason to leave, desert or not support the woman.

A reason to commit an act that would otherwise constitute harm or an impeachable offence. Justification is a ground for committing an act that would otherwise constitute a wrong or an impeachable offence. According to Black`s Law Dictionary, justification is the legal term for arguing in court that what you did was necessary and therefore justified. The justification denies that what you did was wrong. In fact, some will say that you did the right thing, even if, without justification, you would be legally responsible for any harm your actions directly caused. On the other hand, if you are the aggrieved party and the person who harmed you makes a claim, you might receive less money for your injuries than you would otherwise have done, maybe even nothing. The party who hurt you will ask the judge not to hold them responsible for the consequences of their actions. If the judge grants her request, he will not find her guilty of the incident. Abogado.com The Spanish Legal Website #1 for Consumers A european Commission document provides the following explanation for the abuse of Justify/justification: In English, justify means “prove or prove to be fair, just or valid” or “demonstrate to be reasonable”, and “justification” is “the act of justifying” or “something that is right”.

In European Union texts, it is often used to mean “explain” or “provide evidence for”. In a broader sense, particularly in working papers, we also find that “justification(s)” is used to mean “supporting document(s)”. In the following example, the author uses “justification” to mean “evidence”, whereas according to the actual wording, we would understand something like this: “The French government was not able to provide one (or even an apology)” The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. A justification is not the same as an excuse. On the other hand, an apology is a defense that recognizes that a crime has been committed, but that for the accused, although he has committed a socially undesirable crime, a conviction and punishment due to a mitigating personal insufficiency, such as mental disability, lack of mental capacity, sufficient age, intense fear of death, lack of ability to control one`s own behavior, would be morally inappropriate. etc.[3] Justification is an exception to the prohibition on committing certain crimes. The justification may be a defense in a prosecution for a crime. If an act is justified, a person is not criminally responsible, although his or her act would otherwise constitute a criminal offence. For example, the intentional commission of a homicide would be considered murder.

However, it is not considered a crime if it is committed in self-defence. In addition to self-defense, other means of justification defense are defense of others, defense of property, and necessity (usually it fails as a defense of civil disobedience because the protest could have been demonstrated without breaking the law). [2] LawInfo.com Nationwide Lawyers` Directory and Legal Consumer Resources If you argue that you had a justification for your lawsuit, you claim that you did nothing wrong in the circumstances. For example, Bob beat Tom, but claims he had a justification for his actions, as Tom beat him several times and Bob only defended himself. If Tom makes a claim against Bob for his injuries, Bob can claim a justification for his actions. FindLaw.com Free and reliable legal information for consumers and lawyers At FindLaw.com, we are proud to be the leading source of free legal information and resources on the Internet. Contact us. A legal excuse to perform or not to perform a particular action that is the basis for release from guilt. A classic example is the glorification of self-defense, which is offered as a justification for committing murder.

`The French Government has not been able to give reasons and the Commission has found no justification for the fact that the aid in question fulfils the conditions for granting one of the derogations provided for in Article 92(3) of the Treaty.115 You should speak to a lawyer immediately if justification is an issue in your case of personal injury. Berger and Green`s lawyers offer free consultations and claims assessments. Call us today at 412-661-1400. Are you a lawyer? Visit our professional website » When you claim a justification, say that you did not act negligently and that you did nothing wrong. You cannot be held liable if you have not acted negligently. For example, if a victim of carjacking intentionally crashes their car to attract the attention of nearby police, they can argue that the situation justified their actions. Justification is a defence in criminal proceedings in which a defendant who committed the crime as defined claims that he did not commit injustice because the commission of the crime favoured a social interest or defended a right of such importance that it outweighs the illegality of the crime. [1] Justification and apology are related but different defenses (see Justification and apology). [1] JUSTIFICATION. The act by which an accused party shows a good legal reason in court and maintains why he did what he is called to answer. 2. The subject shall be taken into account by the examination, 1.

What actions are justifiable. 2. The manner in which the justification is made. 3. Its effects. 3.-1. The acts to be justified are those committed with an arrest warrant and those committed without a warrant. 1.

As a general rule, an arrest or execution warrant issued by a competent court, rightly or wrongly, should justify the official to whom it is addressed and who is legally obliged to execute it and constitute full justification for the officer to obey his order. However, if the arrest warrant is not only countervailable but absolutely void, as in the absence of jurisdiction of the court that issued it, or because of the prerogative of the accused, as in the case of the arrest of an ambassador who cannot waive his privilege and immunity by submitting to arrest on the basis of such an arrest warrant, the agent is no longer entitled to it. 1 Bat. 240; cf. 4 Mass 232; 13 Right.