Legal Definitions - need

In a legal context, need refers to a fundamental requirement or a significant lack of something essential. It can also specifically denote a state of financial hardship or poverty, often referred to as indigence, which can impact a person's ability to access legal services or fulfill legal obligations.

• Example 1 (Requirement for Evidence): During a civil lawsuit concerning a breach of contract, the plaintiff's attorney might file a motion stating their need for specific financial documents from the defendant to accurately calculate the damages incurred. The court would then assess whether this request for documents is a legitimate and necessary requirement for the plaintiff to present their case effectively.

  Explanation: Here, "need" signifies a crucial requirement for specific information or resources that are indispensable for a party to pursue or defend a legal claim.

• Example 2 (Indigence for Legal Representation): A defendant charged with a felony crime, who has no income, significant assets, or ability to pay for an attorney, would demonstrate a need for a public defender. The court would then determine if the defendant meets the financial criteria for indigence to qualify for court-appointed legal counsel.

  Explanation: In this scenario, "need" refers to a state of financial destitution (indigence) that prevents an individual from affording a basic legal right, such as legal representation, thereby requiring the state to provide it.

• Example 3 (Requirement for Protective Order): A person experiencing domestic violence might petition the court for a restraining order, articulating their urgent need for legal protection to ensure their safety and the safety of their children from an abusive partner. The court would evaluate the evidence to determine if such a protective measure is necessary.

  Explanation: This example illustrates "need" as a critical requirement for legal intervention or a specific remedy to prevent harm or secure a fundamental right, such as personal safety.