JUSTIFICATION. In Pleading. The al legation of matter of fact by the defendant, establishing his legal right to do the act Complained of by the plaintiff.
Justification admits the doing of the act charged as a wrong, hut alleges a right to do it on the part of the defendant, thus denying that it is a wrong. Excuse merely shows reasons why the defendant should not maks good the injury which the plaintiff has suffered from some wrong done. See AVOWRY.
Justification is said to be the law's permis sion to injure others because of some coun tervailing benefit to society outweighing the harm done ; 26 Harv. L. Rev. 741. The bene fit may assume many forms, as prevention of crime, freedom of speech, free competi tion, or the free beneficial use of property by the owner, etc. ; id.
It is said that all justifications will fall into one of two classes : 1. Where the ob sects sought for are so important that mo tive roust be ignored ; 2. Where the objects
are not so important but that the presence of ill will may turn the scale; Munster v. Lamb, ,11 Q. B. D. 588; McLaughlin v. Cow ley, 127 Mass. 316.
Trespasses.' A warrant, regular on its face, and issued by a court of competent juris diction, is a complete justification to the officer to whom it is directed for obeying its command, whether it be really valid or not. But where the warrant is absolutely void, or apparently irregular in an important re spect, or where the act done is one which is beyond the power conferred by the war rant, it is no justification. See ARREST; TRESPASS. So, too, many acts, and even homicide committed in self-defence, or de fence of wife, children, or servants, are jus tifiable ; Archb. Cr. P. by Porn. 681, n.; see