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| | Necessity - Wikipedia, the free encyclopedia |
 | | Other courts have ruled, in cases where the eaten individual had died of "natural causes" and starvation was an issue, that cannibalism was acceptable. | | | Defendants who use this defense are arguing that they should not be held liable for a crime, since the actions taken were, for some reason or other, "necessary". | | | Canadian criminal law allows for a common law defence of necessity. |
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http://en.wikipedia.org/wiki/Necessity
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| | Necessity -- Facts, Info, and Encyclopedia article |
| | Necessity (as a term of (The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do) jurisprudence) is a possible (A statement in explanation of some action or belief) justification for breaking the (The collection of rules imposed by authority) law. | | | In an early ((law) legal proceedings consisting of the judicial examination of issues by a competent tribunal) trial for which this defense was used, (Click link for more info and facts about Regina v. |
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http://www.absoluteastronomy.com/encyclopedia/n/ne/necessity.htm
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| | Medical Necessity Defense - NORML |
| | While no argument was presented to the trial court concerning a medical necessity defense, the appellate court, in the 'interests of justice,' remanded the matter so that the issue could be fully determined. | | | The applicable law of necessity varies from jurisdiction to jurisdiction. | | | The court noted that a necessity defense is generally available only when the physical forces of nature cause the accused to take unlawful action to avoid harm which social policy deems greater than that which results from a violation of the law. |
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http://www.norml.org/index.cfm?Group_ID=3410
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| | Legal Definition of Necessity |
| | Whatever is done through necessity, is done without any intention, and as the act is done without will, and is compulsory, the agent is not legally responsible. | | | Obedience by a person subject to the power of another; for example, if a wife should commit a larceny with her husband, in this case the law presumes she acted by coercion of her husband, and, being compelled, by necessity, she is justifiable. | | | Hence the maxim, necessity has no law; indeed necessity is itself a law which cannot be avoided nor infringed. |
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http://www.lectlaw.com/def2/n044.htm
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| | Ways of Necessity; Special Ways; Pedestrian Malls2001 |
| | (5) If jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of a petition the court shall appoint a person to investigate the proposed way of necessity and submit a written report to the court and the petitioner. | | | (3) Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, an appeal from the decision of the court shall be to the Court of Appeals. | | | (2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to: |
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http://www.savinggraves-us.org/or/laws/376.htm
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| | Medical Necessity |
| | Although ambiguity is to be construed against insurers, it appears the term medical necessity has over time become more accepted and is being construed by courts less as being ambiguous. | | | As for the other forty-eight states, there is no regulation so insurance companies are free to treat cost-effectiveness as they wish with regard to their contractual definitions. | | | In 2001, only eleven states of which South Dakota was not one, required that a standard definition of medical necessity be used in insurance contracts. |
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http://www.usd.edu/elderlaw/student_papers_f2003/medical_necessity.htm
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| | Medical Necessity in Private Health Plans - State Law Regulation of Medical Necessity, National Mental Health ... |
| | Among States that do not have a definition of medical necessity in their insurance laws but that have enacted IRO statutes, seven include a definition of medical necessity in the IRO statute itself. | | | In States that regulate the definition of medical necessity under their insurance content statutes, the IRO presumably would be guided by this definition. | | | Today it is still relatively common to find insurance contracts that authorize an insurer to decide issues of medical necessity without a precise definition of the term. |
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http://www.mentalhealth.samhsa.gov/publications/allpubs/SMA03-3790/content05.asp
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| | Medical Necessity Legislation |
| | As a result, medical necessity is a term of contract, not a term of law. | | | Most insurance contracts give discretion over medical necessity decisions to the insurer. | | | There are four compelling reasons to define medically necessary care in the statute. |
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http://www.healthlobby.com/statement.htm
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| | Research for Medical Necessity Legislation |
| | Where contracts grant such discretion to the insurer, the cases are determined under the abuse of discretion standard which requires the insured to prove that the exercise of discretion by the plan administrator was capricious and arbitrary. | | | New York insurance contract case law offers little contribution in examining the meaning of the terms "medical necessity" and "medically necessary care." If the discretion of the insurer is protected by contract provision, then the subject of non-statutory criteria (medical necessity) is moot. | | | The upshot is that when the discretion of the insurer or employer is protected by the contract, the use of that discretion to interpret contract terms, like medical necessity cannot be challenged unless the patient can prove that the discretion was used capriciously or arbitrarily. |
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http://www.healthlobby.com/billrpt.htm
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| | 09/97 - The Laboratory, Physicians, And Medical Necessity: Making Sure Your Lab Is in Compliance |
| | In addition, carriers were told to instruct providers and suppliers that patients could not be billed unless they sign a written notice (often called an a dvance beneficiary notice or waiver) stating that the provider has reason to believe that Medicare will not pay for the test or service. | | | Because chemistry profiles often have 22 tests (like the SMAC panel) or more, depending on competitive issues and physician demand, the new HCFA rules necessitated a major reworking of test offerings and request forms so that physicians could order tests individually and be in compliance with the new requirements. | | | At that time, local carriers were told that they could require documentation for other tests, and most have done so. |
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http://www.aacc.org/cln/features/97features/sep97feat.html
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| | Necessity |
| | "The word 'necessity...does not mean an absolute and unconditional necessity...." "The word 'necessity' must be deemed to mean a reasonable necessity under all of the circumstances of the particular case." State v. | | | Clearly stated in Overman: fact that other lands are also available for the purpose does not negate necessity unless motive is unworthy or malicious. | | | "(T)he extremely narrow role of the courts in determining the issues of public use and necessity in condemnation cases has long been recognized in Nevada." Urban Renewal Agcy. |
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http://www.nevadaindex.com/necessity.htm
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| | The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the notion of ... |
| | Moreover, it was considered desirable to avoid a situation in which any officer or holder of rank whatever might, on the field of operations, constitute himself the judge of the ‘unavoidable’ character of a given military necessity, and decide as to it without due thought. | | | The second meeting of the High Contracting Parties to the 1954 Convention (Paris, 13 November 1995) invited all the States to submit to the Secretariat written comments on the substantive proposals for improving the Convention. | | | Following the submission of the Preliminary Draft for consideration to the States party to the 1954 Convention, States not party to that Convention and the international organizations concerned, the Secretariat received a number of substantial comments on the definition of “military necessity” applicable both to generally and to specially protected cultural property. |
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http://www.icrc.org/Web/eng/siteeng0.nsf/iwpList260/FF7F81319B1F96DAC1256B66005D8A96
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| | Medical Necessity Legislation |
| | In other words, everything is set up so that it is presumed that the insurer determines your medical necessity because it is a term of contract, not a term of law. | | | And, most insurance contracts reserve for insurers or HMOs all control over how the terms of their contracts are interpreted and applied. | | | NY Public Health Law and Insurance Law permit insurers and HMOs to define the terms "medical necessity" and "medically necessary care" for themselves. |
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http://www.healthlobby.com/faim.htm
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| | The Avalon Prject - Laws of War : Laws and Customs of War on Land (Hague IV); October 18, 1907 |
| | To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. | | | Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. | | | They must likewise be restored and compensation fixed when peace is made. |
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http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm
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| | AskOxford: necessity |
| | necessities) 1 the state or fact of being required or indispensable. | | | 3 a situation enforcing a particular course: created more by necessity than design. |
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http://www.askoxford.com/concise_oed/necessity?view=uk
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| | CATHOLIC ENCYCLOPEDIA: Necessity |
| | The term is also used with reference to freedom of the will to denote any undue physical or moral influence that might prevent the will from freely choosing to act or not act, to choose one thing in preference to another. | | | We know that men under certain circumstances, although they are free, will act in such and such a way. | | | Metaphysical necessity implies that a thing is what it is, viz., it has the elements essential to its specific nature. |
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http://www.newadvent.org/cathen/10733a.htm
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| | Medical Necessity |
| | Finally, the medical provider specified in the appeal letter that both the treating physician and the patient requested that the appeal only be reviewed by a clinician licensed to provide the type of treatment being reviewed. | | | You may want to quote such information in your appeal letter. | | | Check your state insurance code for specific legislation which governs the insurance company’s ability to deny treatment based on medical necessity. |
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http://www.appeallettersonline.com/int_medical-necessity-case-study.htm
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| | Medical Necessity in Private Health Plans, National Mental Health Information Center |
| | Medical Necessity Definitions: State Insurance Laws and IRO Statutes | | | Medical Necessity Definitions Identified in Case Law (Sorted by Case Name) | | | Common Procedural Problems in Medical Necessity Determination Processes Noted in Investigations, Litigation, and Case Law |
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http://www.mentalhealth.samhsa.gov/publications/allpubs/SMA03-3790
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| | Crimes Of War Project > The Book |
| | Rarely, if ever, is the judgement of a field commander in battle—balancing military necessity and advantage—subject to legal challenge, let alone criminal sanction. | | | For this reason, great discretion has always been attached to commanders’ judgments, especially those made under battlefield conditions. | | | The concept of military necessity acknowledges that even under the laws of war, winning the war or battle is a legitimate consideration, though it must be put alongside other considerations of IHL. |
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http://www.crimesofwar.org/thebook/military-necessity.html
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| | Lenin: 1908/mec: 6. Freedom and Necessity |
| | It is a matter of the presuppositions which we bring (man heranbringt) to the consideration of things, depending upon whether we ascribe to previous successes or failures of the investigation a greater or lesser subjective weight (subjektives Gewicht). | | | Let us examine the epistemological premises upon which this argument is based. | | | Firstly, Engels at the very outset of his argument recognises laws of nature, laws of external nature, the necessity of nature—i.e. |
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http://www.marxists.org/archive/lenin/works/1908/mec/three6.htm
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| | Medical Necessity Reviews for Non-availability Statements (NASs) |
| | This option is most like procedures which will be in place following start work dates of MCS contracts. | | | Consistent with this, detailed CHAMPUS regulations (32 CFR 199.15), which include specific Medicare regulations (42 CFR Parts 466, 473, and 476), dictate particular procedures applicable to any determinations that CHAMPUS coverage for requested medical care will be denied on the grounds of medical necessity. | | | Medical necessity reviews for obstetrics admissions related to delivery are not required; these are presumed medically necessary. |
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http://www.ha.osd.mil/policies/1995/nas.html
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| | necessity |
| | to face the necessity of testifying in court. | | | Our trip to China must of necessity be postponed for a while. |
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http://www.infoplease.com/dictionary/necessity
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| | FDA/CFSAN - Necessity of the Use of Food Product Categories in Registration of Food Facilities |
| | Section 305 of the Bioterrorism Act directs FDA to require information about the food categories listed in 21 C.F.R. 170.3, if the agency determines "through guidance" that such information is a necessary component of registration. | | | This guidance represents the Food and Drug Administration's (FDA's) conclusion on the necessity of food product categories in registration of food facilities under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act). | | | Necessity of the Use of Food Product Categories in Registration of Food Facilities |
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http://www.cfsan.fda.gov/%7Edms/secguid9.html
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| | Necessity and Freedom by Rudolf Steiner |
| | Someone steals something, the deed is done, it has entered the realm of necessity, is the remorse of the person's bad deed something that must be also rooted out? | | | The issue is a general one about the necessity and freedom of human deeds, not just about one man or his work. | | | If I may dare to summarize Steiner's view: we are free agents engaging in designing the software of the machine of existence, but the software as it exists at any one point in time operates out of necessity of the current state of its development. |
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http://www.southerncrossreview.org/13/necessity.htm
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| | World of Quotes - Necessity Quotes |
| | It is necessity and not pleasure that compels us. | | | Thanne is it wysdom, as thynketh me, To maken vertu of necessite, And take it weel, that we may not eschu, And namely that that to us alle is due. | | | Necessity is the mother of invention, it is true -- but it's father is creativity, and knowledge is the midwife. |
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http://www.worldofquotes.com/topic/necessity
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| | Medical Coding Software: CPT/HCPCS, ICD |
| | LMRP medical necessity files updated monthly Large current user base | | | Flexible formatting - files can be customized to IS formatting requirements |
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http://www.data-files.com/DataFiles.htm
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| | Brainstorms: Necessity and Design |
| | All designs, whether real or conventional, involve some form of necessity. | | | Now, design involves laws and laws are species of necessity. | | | Charles Peirce subdivided Kant's category of Necessity into the laws of logical necessity, physical necessity, and intentional or subjective necessity. |
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http://www.iscid.org/boards/ubb-get_topic-f-6-t-000044.html
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| | The Necessity of Prayer by E.M. Bounds |
| | The Christian soldier is compelled to constant picket-duty. | | | The imperative necessity of importunate prayer is plainly set forth in the Word of God, and needs to be stated and re-stated today. | | | This he proceeded to do, and by dint of importunity secured what ordinary solicitation had failed to obtain. |
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http://www.jesus-is-lord.com/prayer.htm
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| | Proactive Medical Necessity Approach Helps Reduce Denials |
| | Complying with federal and local rules, avoiding penalties, ensuring optimal payment, improving cash flow, and enhancing patient satisfaction are all important goals for hospitals today. | | | Patient registration is presently the most common place where hospitals verify necessity and generate advance beneficiary notices (ABNs) when needed. | | | If the procedure code does not indicate a medically necessary procedure for the diagnosis of record, then the hospital works with the physician to make sure the hospital has the appropriate diagnosis or another procedure that the doctor would prefer to order for the patient. |
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http://www.hfma.org/publications/hfma_wantsyoutoknow/102004.htm
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| | Accidental Necessity and Logical Determinism |
| | But, of course, this contention requires more elaborate support, which I hope to provide in another place. | | | But if this is so, then, given (B), the necessity of the past-tense proposition that it was the case that Katie will wash her car at T entails our inability to affect the present truth-value of the proposition that when T is present, Katie is washing her car. | | | Once these intuitions are articulated coherently in a way which thwarts the determinist's argument, the most reasonable course will be to accept the Ockhamistic response to that argument. |
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http://www.nd.edu/~afreddos/papers/anld.htm
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| | Educational Technology Review Issue 2 |
| | As the instructor is not present in a face-to-face format to monitor and evaluate progress, methods must be in place within the class format to establish accountability for the learner. | | | Communication is critical for students to understand the content and expectations of the class, which reinforces the necessity for clarity of course guidelines. | | | Finally, distance education enables dynamic changes to take place in instructor roles from providers of content to designers of learning. |
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http://www.aace.org/pubs/etr/optiz-x1.cfm
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| | Necessity |
| | adv.; of necessity, of course; ex necessitate rei[Lat]; needs must; perforce andc. | | | in for, under the necessity of; have no choice, have no alternative; be one's fate andc. | | | lie under a necessity; befated[obs], be doomed, be destined andc. |
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http://www.astro.caltech.edu/~pls/roget/entries/601.html
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| | Medical necessity software, Medicare compliance consulting, and education from Provistas - Compliance Pays! |
| | Medical necessity software, Medicare compliance consulting, and education from Provistas - Compliance Pays! | | | is dedicated to providing pioneering software, consulting, and education to establish comprehensive Medicare compliance programs.Our medical necessity solutions focus on your local coverage decisions (LCDs). | | | Our unique multi-disciplinary approach includes savvy IT products and training for compliance, HIM, patient accounting, and clinical staff. |
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http://www.provistas.com
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| | NPS Historical Handbook: Fort Necessity (Contents) |
| | It is printed by the Government Printing Office and may be purchased from the Superintendent of Documents, Washington 25, D.C. Price 25 cents | | | The National Park System, of which Fort Necessity National Battlefield Site is a unit, is dedicated to conserving the scenic, scientific, and historic heritage of the United States for the benefit and enjoyment of its people. | | | Last Modified: Mon, Dec 2 2002 10:00:00 am PDT |
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http://www.cr.nps.gov/history/online_books/hh/19/hh19toc.htm
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| | Political Science Subject Guide |
| | A good place to start when researching U.S. Supreme Court cases or when seeking information on the historical, political, and legal aspects of the American Constitution. | | | Because of the book's arrangement, use of its index is a necessity. | | | For each item listed, it not only defines or explains it, but also discusses its historical and contemporary significance. |
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http://www4.desales.edu/library/lib/studyguides/Political_Science.htm
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| | Amazon.com: Books: Naming and Necessity |
| | Micah Newman (Austin, TX United States) - See all my reviews | | | From these, in particular from identity statements using rigid designators whether of things or of kinds, further remarkable consequences are drawn for the natures of things, of people, and of kinds; strong objections follow, for example to identity versions of materialism as a theory of the mind. | | | You'll be enriched, and you might just be taken on a journey from which you'll never return. |
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http://www.amazon.com/exec/obidos/tg/detail/-/0674598466?v=glance
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| | NECESSITY - LoveToKnow Article on NECESSITY |
| | How can any state be otherwise than it is? Necessity can have meaning only in reference to the future: it means absence of spontaneous power in that which acts necessarily. | | | A current definition of necessity is the state which cannot be otherwise than it is. Such a definition tells us nothing. | | | When we are acting under physical or mathematical or logical or moral necessity we are so far precluded from spontaneous actionin common phrase, we can do no otherwisethough the causes of constraint may be of very different tdnds. |
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http://50.1911encyclopedia.org/N/NE/NECESSITY.htm
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| | SUMMA THEOLOGICA: Does the will desire something of necessity? |
| | Therefore the act of the will cannot be necessitated. | | | This is called "necessity of end," and sometimes also "utility." On the part of the agent, a thing must be, when someone is forced by some agent, so that he is not able to do the contrary. | | | Indeed, more than this, for as the intellect of necessity adheres to the first principles, the will must of necessity adhere to the last end, which is happiness: since the end is in practical matters what the principle is in speculative matters. |
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http://personal2.stthomas.edu/jdkronen/st821.htm
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| | Medical Necessity in Private Health Plans - Table 1. Medical Necessity Definitions in Published Literature, National ... |
| | The determination of medical necessity must be made on an individual basis and must consider the functional capacity of the person and those capacities that are appropriate for persons of the same age or developmental level and available research findings, health care practice guidelines, and standards issued by professionally recognized organizations or governmental agencies. | | | The criteria for services would include biotechnical medical criteria when appropriate, as would be the case in most ordinary medical practice, but they would be acknowledged to be only a subset of the health necessity criteria. | | | Medically necessary services must be delivered in a setting that is appropriate to the specific health needs of the individual. |
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http://www.mentalhealth.samhsa.gov/publications/allpubs/SMA03-3790/table01.asp
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| | The Jawa Report: Wars of Necessity |
| | A "War of Necessity" is any military skirmish that can be rationalized to the benefit of the Democrat party. | | | Near as I can tell, the United States has fought one war of necessity -- the second world war. | | | For example, can anyone really argue that the actions taken by the Jefferson administration against the North African city-states were 'necessary' for the survival of the country? |
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http://mypetjawa.mu.nu/archives/039921.php
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| | SUMMA THEOLOGICA: Does the will desire anything of necessity? |
| | But as the capacity of the will regards the universal and perfect good, its capacity is not subjected to any individual good. | | | For there are certain individual goods which have not a necessary connection with happiness, because without them a man can be happy: and to such the will does not adhere of necessity. | | | Now there are some things intelligible which have not a necessary connection with the first principles; such as contingent propositions, the denial of which does not involve a denial of the first principles. |
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http://www.newadvent.org/Summa/108202.htm
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| | Background of the Conflict - Fort Necessity National Battlefield |
| | The following year Washington joined another British expedition to the Forks of the Ohio under the command of General Edward Braddock. | | | Fearing "we might be attacked by considerable forces," Washington undertook to fortify his position at the Great Meadows. | | | The action at Fort Necessity was also the first major event in the military career of George Washington, and it marked the only time he ever surrendered to an enemy. |
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http://www.nps.gov/fone/fonehist.htm
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| | Kerry Acting Out of Necessity in Tackling the Terrorism Issue (washingtonpost.com) |
| | Kerry Acting Out of Necessity in Tackling the Terrorism Issue (washingtonpost.com) | | | Kerry Acting Out of Necessity in Tackling the Terrorism Issue | | | For much of the past three years, Democrats typically have preferred to change the subject -- to the economy, to education, to virtually anything -- than try to battle President Bush over his handling of terrorism. |
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http://www.washingtonpost.com/wp-dyn/articles/A35372-2004Aug2.html
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| | Chance, Providence and Necessity by Rudolf Steiner, A Review by Bobby Matherne |
| | Necessity in the form of the past is like history, the content of the historical record. | | | Chance in the present is a process in which we are actively involved in creating freedom in the world. | | | [page 72] We must be rigorous in adopting the standpoint that necessity inheres in the past; life rules the present. |
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http://www.doyletics.com/arj/cpanrvw.htm
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| | MainFrame: Necessity and Contingency |
| | In which a necessary statements must be true in all domains of discourse. | | | In which necessary truths containing references to concrete entities are admitted, particularly where these are instances of necessary truths containing no concrete references. | | | They are relevant because contingent propositions or sentences are supposed to have truth values which depend upon the how the world is and necessary propositions are thought of as the special limiting case where the value turns out true however the world might be (i.e. |
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http://www.rbjones.com/rbjpub/philos/logic/019.htm
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| | Necessity quotes |
| | essential, essentials, necessaries, necessary, necessities, necessity, requirement, requirements, requisite, requisites. | | | "Necessity is not an established fact, but an interpretation. | | | "Necessity is the mother of invention, it is true, but its father is creativity, and knowledge is the midwife" |
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http://en.thinkexist.com/quotations/necessity
(229 words)
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| | NECESSITY - Definition |
| | [n] anything indispensable; "food and shelter are necessities of life"; "the essentials of the good life"; "allow farmers to buy their requirements under favorable conditions"; "a place where the requisites of water fuel and fodder can be obtained" | | | So spake the fiend, and with necessity, The tyrant's plea, excused his devilish deeds. | | | The extreme poverty and necessity his majesty was in. |
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http://www.hyperdictionary.com/dictionary/necessity
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