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Simple English definitions for legal terms

Public necessity

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A quick definition of Public necessity:

Public necessity: A legal defense used in cases where someone interferes with another person's property in an emergency situation to protect the community or society from a greater harm. This defense is absolute, meaning the defendant is not responsible for any damages caused by their actions. It is different from private necessity, which only applies to protecting an individual's own interests.

A more thorough explanation:

Public necessity

In tort law, public necessity is a defense that can be used against charges of trespass. It applies when a defendant interferes with a plaintiff's property in an emergency situation to protect the community or society as a whole from a greater harm that would have occurred if the defendant had not committed trespass. Public necessity serves as an absolute defense, and a defendant is not liable for any damages caused by his trespass.

For example, if a fire breaks out in a building and a firefighter breaks down a door to enter the building and put out the fire, the firefighter can use the defense of public necessity if the owner of the building sues for trespass. The firefighter's actions were necessary to protect the community from harm, and therefore the defense of public necessity applies.

Another example is if a police officer enters a private property without a warrant to stop a dangerous criminal who is hiding on the property. The officer can use the defense of public necessity if the property owner sues for trespass. The officer's actions were necessary to protect the community from harm, and therefore the defense of public necessity applies.

Contrast with private necessity, which applies when a defendant interferes with a plaintiff's property to protect his own interests or the interests of a small group of people, rather than the community as a whole.

See also necessity defense, which is a broader defense that can be used in criminal law as well as tort law.

public market | public nuisance

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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