Latin for Lawyers

NECESSARY & PROPER CLAUSE

ment is required to supply these basic things to its citizens. Many argue that universal medical care has become a necessary of an enlightened society. The Doctrine of Necessaries provides that one who sells necessaries to a child or wife may charge the father/husband for their value. Under some exemption statutes, the courts are required to determine as an issue of fact which neces saries shall be free of reach by creditors. NECESSARY & PROPER CLAUSE The last clause in Article I, Section 8 of the U.S. Constitution, following the enumeration of the general powers of Congress. The clause empowers the Congress, “To make all Laws which shall be necessary and proper for carry ing into execution the foregoing Powers and all Powers vested by this Consti tution in the Government of the United States, or in any Department or Officer thereof.” NECESSITAS CULPABILIS [L. necessitas / necessary + culpo , culpare / to blame, find fault with] Guilt which arises under circumstances beyond the actor’s control; e.g., a killing in self-defense. The act itself is still a crime, but punishment is excused by the surrounding facts. NECESITAS INDUCIT PRIVILEGIUM Necessity causes privilege. The legal principle which excuses acts which would otherwise be deemed unlawful because of extenuating circumstances. NECESITAS NON HABET LEGEM Necessity knows or has no law. NECESITAS PUBLICA MAJOR EST QUAM PRIVATA Public necessity has priority over a private need. NECESSITY [L. necessitas / necessity] Anything needed or compelling. Pressure to perform a specific act. A com pulsion to act in response to an irresistible stimulus. Justifiable defense against a threatened criminal act; at common law, an affirmative defense that the defendant was compelled to commit an offense in order to avoid a harm greater than the offense itself. NE EXEAT [L. ne / (do) not + exeo, exire / to go out, to leave] Literally, do not leave. A writ in a civil action forbidding a named party to leave the jurisdiction while the matter was pending or until he gave adequate security. Also, an order enjoining the removal of personal property from the jurisdiction.

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