justification


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Justification

A sufficient or acceptable excuse or explanation made in court for an act that is otherwise unlawful; the showing of an adequate reason, in court, why a defendant committed the offense for which he or she is accused that would serve to relieve the defendant of liability.

A legal excuse for the performance or nonperformance of a particular act that is the basis for exemption from guilt. A classic example is the excuse of Self-Defense offered as justification for the commission of a murder.

justification

noun adjustment, allowance, clarifying statement, clearance, compurgation, defense, exculpation, excusatio, excuse, exonerating circumstance, exonerating fact, exoneration, explanation, exposition, extenuation, ground for excusing, legal defense, mitigating circummtance, mitigation, palliation, purgatio, rationalization, reason, reasonable excuse, reasoning, statement of defense, vindication
Associated concepts: justification for committing an unlawful act, legal cause
See also: alibi, authority, basis, capacity, compurgation, corroboration, defense, determinant, excuse, explanation, ground, precedent, pretext, right, support

justification

see DEFAMATION.

JUSTIFICATION. The act by which a party accused shows and maintains a good and legal reason in court, why he did the thing he is called upon to answer.
     2. The subject will be considered by examining, 1. What acts are justifiable. 2. The manner of making the justification. 3. Its effects.
     3.-1. The acts to be justified are those committed with a warrant, and those committed without a warrant. 1. It is a general rule, that a warrant or execution, issued by a court having jurisdiction, whether the same be right or wrong, justifies the officer to whom it is directed and who is by law required to execute it, and is a complete justification to the officer for obeying its command. But when the warrant is not merely voidable, but is absolutely void, as, for want of jurisdiction in the court which issued it, or by reason of the privilege of the defendant, as in the case of the arrest of an ambassador, who cannot waive his privilege and immunities by submitting to be arrested on such warrant, the officer is no longer justified. 1 Baldw. 240; see 4 Mass. 232; 13 Mass. 286, 334; 14 Mass. 210. 2. A person may justify many acts, while acting without any authority from a court or magistrate. He may justifiably, even, take the life of an aggressor, while acting in the defence of himself, his wife, children, and servant, or for the protection of his house, when attacked with a felonious intent, or even for the protection of his personal property. See Self- defence. A man may justify what would, otherwise, have been a trespass, an entry on the land of another for various purposes; as, for example, to demand a debt due to him by the owner of the land to remove chattels which belong to him, but this entry must be peaceable; to exercise an incorporeal right; ask for lodging's at an inn. See 15 East, 615, note e; 2 Lill. Ab. 134; 15 Vin. Ab. 31; Ham. N. P. 48 to 66; Dane's Ab. Index, h.t.; Entry. It is an ancient principle of the common law, that a trespass may be justified in many cases. Thus: a man may enter on the land of another, to kill a fox or otter, which are beasts against the common profit. 11 H. VIII. 10. So, a house may be pulled down if the adjoining one be on fire, to prevent a greater destruction. 13 H. VIII. 16, b. Tua res agitur paries cum proximus ardet. So, the suburbs of a city may be demolished in time of war, for the good of the commonwealth. 8 Ed. IV. 35, b. So, a man may enter on his neighbor to make a bulwark in defence of the realm. 21 H. VIII. b. So, a house may be broken to arrest a felon. 13 Ed. IV. 9, a; Doder. Eng. Law. 219, 220. In a civil action, a man may justify a libel, or slanderous words, by proving their truth, or because the defendant had a right, upon the particular occasion, either to write and publish the writing, or to utter the words; as, when slanderous words are found in a report of a committee of congress, or in an indictment, or words of a slanderous nature are uttered in the course of debate in the legislature by a member, or at the bar, by counsel, when properly instructed by his client on the subject. See Debate; Slander; Com. Dig. Pleader, 2 L 3 to 2 L 7.
     4.-2. In general, justification must be specially pleaded, and it cannot be given in evidence under the plea of the general issue.
     5.-3. When the plea of justification is supported by the evidence, it is a complete bar to the action. Vide Excuse.

References in periodicals archive ?
First, in typical cases, the identity of the future child could be influenced by the partial action whose justification is in question or by other choices subsequently made by the parents or others.
Employees who engage in moral justification do not sincerely approve of ethical leaders' behaviors and do not learn to inhibit their own unethical behaviors.
The justifications you and I produce are going to be very very different from the justifications for arguments going on simultaneously at, say, the FCC about how to structure a spectrum auction and from the justifications brought forward by teachers arguing over which Mark Twain books to assign.
Thus, since justification is so important, it will be necessary to consider rival conceptions of justification advanced by externalists and internalists vis-a-vis a case for naturalism.
Justification: Khodayyir is another writer on Hisham Bustani's list of pioneering writers (as was Zakaria Tamer).
While Conee and Feldman might want to introduce some 'subjective' notion of indication, it will be difficult to do so without introducing an absurdly permissive account of justification. If a subjective indicator as of p needn't reliably indicate p but merely dispose someone to believe p, it doesn't seem terribly plausible that justification arises by virtue of fit between indicators so understood and beliefs.
If Justification gets held up in traffic, which can always happen around Chester, then Countrywide Flame will be hard to catch from the front.
Winner of a Dundalk maiden at the third time of asking towards the end of 2011, Justification was then off the track until last August, when he was a slightly disappointing fifth.
In fact, the basis of all of these is also the foundation of morality as such--namely, the right to justification. This is the right that those who affect you in morally relevant ways justify their actions to you reciprocally and generally.
Against all of these familiar positions, we argue that partial excuse and partial justification are necessary and sufficient conditions for provocation manslaughter.
Campbell's lengthy study is the product of more than a decade of analysis of the Pauline understanding of God's act of justification through Jesus Christ.
Recommendation: To enhance the transparency of the Internal Revenue Services' (IRS) budget request, the Commissioner of Internal Revenue should provide additional information, which could be qualitative if necessary to avoid losing existing reprogramming flexibility, about the program activities in the budget justification to better indicate IRS's priorities.

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