Legal Definitions - necessitate juris

Necessitate juris is a Latin phrase that translates to "by necessity of law." It describes an action, outcome, or consequence that is not optional but is legally required or compelled due to the direct effect of an existing legal rule, principle, or judgment. When something occurs necessitate juris, it means the law dictates that it must happen, leaving no room for discretion or alternative choices.

Here are some examples to illustrate this concept:

• Example 1: Inheritance Without a Will

  Imagine a person passes away without having created a valid will. In this situation, the distribution of their assets (money, property, etc.) is not left to the discretion of their family or a court. Instead, specific state laws, known as intestacy laws, dictate precisely how the deceased's estate must be divided among their legal heirs. The distribution of assets to the surviving spouse, children, or other relatives occurs necessitate juris because the law explicitly mandates this particular method of division.

• Example 2: Compliance with a Court Order

  Consider a scenario where a court issues a judgment ordering a company to pay a specific amount of money in damages to a plaintiff who won a lawsuit. Once the judgment is final, the company is legally obligated to pay that amount. The act of paying the damages is not a voluntary decision by the company; it is an action that arises necessitate juris from the binding legal authority of the court's ruling. Failure to comply would result in further legal consequences.

• Example 3: Automatic License Revocation

  Suppose a state law or professional regulation for a specific profession (e.g., medicine, law) states that a conviction for a particular felony automatically results in the revocation of that professional's license. If a professional is convicted of such a felony, their license is revoked immediately and without further review or discretion by a licensing board. The revocation happens necessitate juris because the law directly and unavoidably mandates this consequence upon conviction, leaving no alternative.