Also known as: unnecessarily
Written by attorneys · grounded in primary & secondary sources — see below
A condition or action that is not required or that can be avoided without undue burden or risk. The concept identifies elements or steps that lack necessity under the governing standard and therefore do not justify the associated cost, delay, or intrusion.
Select any source to read its text and confirm it supports the definition.
Ugo Uberti's counsel files a motion to compel discovery on the eve of trial even though all requested documents were produced months earlier. The filing forces opposing counsel to prepare a response and attend a hearing that adds three weeks to the schedule. The court finds the motion was presented for the improper purpose of causing unnecessary delay and imposes sanctions under the certification rule.
Umar Usmani is shown six photographs in which the same individual appears twice while the other five suspects appear once. The repeated appearance draws the witness's attention to that person. Because the procedure is unnecessarily suggestive and creates a substantial likelihood of misidentification, the identification is excluded on due process grounds.
Uma Upadhyay's parental rights were terminated in an earlier neglect proceeding. When the agency later places her child for adoption, the court proceeds without obtaining her consent. Because parental rights have already been terminated, consent is unnecessary and the adoption may move forward after proper notice to any remaining parties.
Una Unger owns a triangular lot that cannot accommodate the minimum side-yard setback required by the zoning ordinance. Strict application would leave her unable to build any residence. The board grants a variance because literal compliance would cause unnecessary hardship that is not shared by other properties in the district.
Uliana Ustinova is convicted in January. The court postpones sentencing until June solely to accommodate the prosecutor's vacation schedule even though the presentence report is complete. The delay is unnecessary and violates the requirement that sentence be imposed without unnecessary delay.
Usman Uddin finds his roommate delirious and about to jump from a window. He grabs the roommate and pulls him back inside, using only the force needed to prevent the fall. Because the force employed is not unnecessary, the rescuer incurs no liability for battery under the privilege to protect a person from self-harm.
A filing creates unnecessary delay when it is interposed for an improper purpose such as harassment or to increase litigation costs rather than to advance a legitimate claim or defense. The certification requirement focuses on the signer's knowledge and belief after reasonable inquiry. Courts sanction conduct that serves no proper litigation purpose.
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A photo identification is unnecessarily suggestive when police procedures emphasize one suspect in a way that creates a substantial likelihood of misidentification. Courts examine the totality of circumstances including the composition of the array and any police comments. Due process excludes the identification only when the suggestiveness is both unnecessary and conducive to irreparable misidentification.
…supplies independent weight for its position, nor does it attempt to justify its gratuitous violation of the canon against unnecessarily resolving constitutional questions. See Northwest Austin Municipal Util. Dist. No. One v. Holder , 557 U.S. 193, 197 (2009). In any event, the marriage laws at issue here do not violate…
…applicable. [^maj-12]: Given our conclusion that jurisdiction in the District Court was proper under § 405 (g), we find it unnecessary to consider Eldridge's contention that notwithstanding § 405 (h) there was jurisdiction over his claim under the mandamus statute, 28 U. S. C. § 1361, or the Administrative Procedure Act, 5…
…has not in all circumstances been regarded as indispensable to the process due to residents, and it has more often been held unnecessary
…but that since "the environmental effects of the uranium fuel cycle have been shown to be relatively insignificant, . . . it is
…also Arndstein v. McCarthy , 254 U. S. 71, 73 (1920). The broad language in Counselman relied upon by petitioners was unnecessary to the Court's decision, and cannot be considered binding authority.[^maj-39] In Murphy v. Waterfront Comm'n , 378 U. S. 52 (1964), the Court carefully considered immunity from use of…
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Parental consent is unnecessary when rights have already been terminated, when the parent cannot be located after diligent search, or when the parent has abandoned the child for the statutory period. Courts may also waive consent if it is unreasonably withheld and contrary to the child's best interests after notice and hearing.
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Unnecessary hardship exists when strict application of the zoning ordinance would deprive the owner of any reasonable use of the property because of unique physical conditions not shared by neighboring lots. The hardship must not result from the owner's own actions and must be more than mere inconvenience or reduced profitability.
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Sentencing must occur without unnecessary delay once the presentence report and other required materials are ready. Courts may grant a continuance for good cause such as the need for additional investigation but may not postpone sentencing merely for the convenience of counsel or the court.
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Force is unnecessary when it exceeds what a reasonable person would use to prevent imminent harm under the circumstances. The privilege permits only the degree of force required to avert the danger and does not authorize continued restraint once the threat has passed.
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