JUSTIFICATION ( Lat. justificatio, from justifieore, to justify, from justificas, acting just ly, from justus, just faccre, to do). A defense to a civil or criminal action, admitting the facts alleged in the complaint or declaration, but set ting forth other facts tending to show that the defendant had a legal right to do the acts com plained of, and that, therefore, the plaintiff never had a good cause of action. Facts con stituting a legal justification may he pleaded in answer to an indictment for an alleged crime, as where a person is accused of homicide (q.v.), and pleads that he committed the act in self defense; er that he was au officer of the peace, and killed the deceased in a reasonable effort to prevent his escape. Under the common-law sys tem of pleading and practice, such a idea is said to be by way of 'confession and avoidance.' The facts constituting a legal justification for an act must lie fully set forth in an answer, and not alleged as a conclusion of law.
Whether a plea of justification can be sus tained or not depends upon the nature of the action and the substantive law involved. For example, in an action against a street-railroad company for negligently running over the plain tiff and injuring him, the defendant cannot plead that it had any legal right to do so, even it it can show that defendant was a trespasser upon its tracks. It might, however, plead contributory on his part. which. be in the nature of an excuse rather than a strict justifica tion. Pleas of justification are most common in actions for assault and battery, false imprison ment, Biel, slander, and malicious prosecution.
Justification is also employed to denote the proof by sureties on a bond or undertaking that they possess the property qualifications required of them by law. See ANSWER; DEFENSE; PLEA; PLEADING; SURETYSII IP.