Also known as: justifications · justifiable · justificator · legal defense · excuse
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A classification of homicide or a defense covering conduct that the law expressly commands or authorizes. Such conduct eliminates criminal liability because the actor's actions align with legal permission rather than violating it.
A classification of homicide or a defense covering conduct that the law expressly commands or authorizes. Such conduct eliminates criminal liability because the actor's actions align with legal permission rather than violating it.
Select any source to read its text and confirm it supports the definition.
A reason or interest that the government must demonstrate to sustain a classification or distinction. The justification must be genuine and substantially related to an important objective without relying on overbroad generalizations.
Select any source to read its text and confirm it supports the definition.
A legal basis or ground sufficient to support an action, reliance, or certification and thereby avoid sanctions or unenforceability. The basis must meet the applicable standard such as substantiality or justifiability under the governing rule.
Select any source to read its text and confirm it supports the definition.
A reason or interest that the government must demonstrate to sustain a classification or distinction. The justification must be genuine and substantially related to an important objective without relying on overbroad generalizations.
A legal basis or ground sufficient to support an action, reliance, or certification and thereby avoid sanctions or unenforceability. The basis must meet the applicable standard such as substantiality or justifiability under the governing rule.
Each sense below has its own examples, sources, and questions.
Officer Jamal Jefferson encounters an armed suspect who is actively shooting at bystanders. State law authorizes officers to use deadly force to stop an imminent threat to life. Jefferson fires and kills the suspect. Because the killing falls within the category the law expressly commands or authorizes, it is classified as justifiable homicide and carries no criminal liability.
Justification applies when the law expressly authorizes or commands the conduct, rendering it non-criminal from the outset. Excuse applies when the law recognizes a defense that eliminates liability even though the conduct was not authorized. The common-law homicide categories illustrate the distinction between the two.
Supporting sources
A state university admits only women to its nursing program. Male applicant Jamal Jefferson sues, claiming the single-sex policy violates equal protection. The state must supply an exceedingly persuasive justification showing the classification is substantially related to an important governmental objective. Without that showing the policy fails.
The government must demonstrate an exceedingly persuasive justification that is genuine, not hypothesized, and substantially related to an important objective. Overbroad generalizations that perpetuate inferiority are insufficient.
Supporting sources
June Jiang has used a path across Jeffrey Jha's land for fifteen years without permission. Jha brings suit claiming the use lacks legal justification. The court determines that Jiang's use was without legal justification. The proceedings therefore interrupt the continuity required for an easement by prescription.
Joanna Jung orally promises an access easement to Jonathan Jaffe across her property. Jaffe builds a driveway in reliance on the promise even though the agreement is not in writing. Because Jaffe changed position in justifiable reliance, the statute of frauds does not bar enforcement of the servitude.
Jaffe Securities serves discovery responses that omit obviously relevant documents. Its attorney certifies the responses without substantial justification. The court imposes monetary sanctions on the signer and the party because the certification violated the rule without substantial justification.
During a criminal trial a seated juror becomes seriously ill. The court finds good cause and excuses the juror permanently. An alternate is impaneled in the excused juror's place. The rule permits the substitution once good cause for the excuse is established.
Justifiable reliance prevents the statute of frauds bar when the beneficiary has so changed position that injustice can be avoided only by giving effect to the parties' intent to create the servitude.
Supporting sources
The court must impose an appropriate sanction on the signer, the represented party, or both. The sanction may include an order to pay reasonable expenses and attorney's fees caused by the violation.
Supporting sources
…life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary, in appropriate medical…