A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 332 terms defined in A Dictionary of Law. Browse all dictionaries
In the civil law. Judging; the pronouncing of sentence, after hearingacause, Hallifux, Civil Law, b. 3, ¢. 3, no. 7. SS
Persons in the county palatine of Chester, who, on a wit of error, were to consider of the judgment given there, and reform it; other- sss wise they forfeited £100 to the crown by
1. The state or profession of thosel officers who are employed in administering justice; the judiciary. a. A judicatory, tribunal, or court of justice, 3, Jurisdiction; the right o
- Judicature Actsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The statutes of 36 & 37 Vict. c. 66, and 38 & 39 Vict. c. 77, which went into force November 1, 1875, with amendments in 1877, c. 9; 1879, c. 78; and 1881, c. 68, — made most impor
In the civil law. Select or selected judices or judges; thosa whe were used in criminal eauses, and between whom and modern jurors many points of resemblance have been noticed. 3 B
In thecivillaw. The ordinary judices appointed by the praetor to try causes.
Lat. In Romanlaw. Judicial proceedings; trials. Judieia publica, criminal trials. Dig. 48, 1. dsudicia in curia regis non adnihilentur, sed stent m robore suo quousque per errorem
Action ofa court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case. 12 Pet. 718.
Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none,
Adinissions made voluntarily by a party which appear of record in the proceedings of the court,
The power and authority appertaining to the oflice of a judge; jurisdiction; the official right to hear and determine questions in controversy. JUDICIAL COMMITTEE OF THE
In thelaw of evidence. A confession of guilt, made by a prisoner before a magistrate, or in court, in thedue course of legal proceedings. 1 Greenl. Ey. § 216.
Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 Mart. (N. 8.) 494.
Theopinions or determinations of the judges in causes before them, particularly in appellate courts.
- Judicial Discretiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)
The power confided to a judge to exercise his individual discrimination and opinion in deciding cerrow limits, within which, however, its exer cise is not subject to review. “Judic
- Judicial Documentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Proccedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinatious, and inquisitions taken in the course of a legal proce
- Judicial Mortgagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the law of Louisiana. The lien resulting from judge ments, whether rendered on contested cases _ or by default, whether Gnal or provisional, in favor of the person obtaining the
Theact by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the production of evidence, recognize the existence and truth of certa
A person in whom is vested authority to decide causes or exercise powers appropriate to a court,
The authority vested in courts and judges, as distinguished from the executive and legislative power,
- Judicial Proceedingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A general term for proceedings relating to, practiced in, or proceeding from, a court of justice; or the course prescribed to be taken in various cases tor the determination of a c
- Judicial Saledefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A judicial sale is one made under the process of a court having competent authority to order it, by un officer duly appointed and commissioned to sell, as distinguished from a sale
A separation of man and wife by decree of court, less
In English practice. Such writs as issue under the private seal of the courts, and not under the great seal of England, and are tested or witnessed, not in the king's name, but in
- Judiciarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
adj. Vertaining or relating to the courts of justice, to the judicial department of government, or to Lhe administration of justice.
2. That branch of government invested with the judicial power; the system of courts in a country; the body of judges; the bench,
- Judiciary Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name ecommonly given to the act of congress of September 24, 1789, (1 St. at Large, 78,) by which the system of federal courts was organized, and their powers and jurisdiction
A caution, or security, given in Scotch courts for the defendant to abide judgment within the jurisdiction. stim. Law Gloss. Judicis est in pronuntiando sequi regulam, exceptione n
- Judiciumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Lat. Judicial authority or jurisdiction; a court or tribunal; a judicial hearing or other proceeding; a verdict or judgment. Judicium a non suo judice datum nullius est momenti, 10
- Judicium Capitaledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. Judgment of death; capital judgment. Fleta, lib. 1, c. 39, § 2. Called, also, "judicium vitae amissionis," judgment of loss of life. Id. lib. 2, c. 1, § 5.
Lat. Inold English and European law. The judgment of God; otherwise called “divinum judicium,” the “divine judgment.” <A term particularly applied to the ordeals by fire or hot iro
- Judicium Pariumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law, judgment of the peers; judgment of one's peers; trial by jury. Magna Charta, c. 29. Judicium redditur in invitum. Co. Litt. 248b. Judgment is given against one,
In old English law. A watery place. Domesday; Cowell.
In Frenchlaw. A judge.
In Frenchlaw. An inferior judicial functionary, appointed to dequestions of fact. He has also the functions of a police magistrate. Ferritre.
Anacre. Co. Litt. 5d. As much as a yoke (jugwm) of oxen could plow in one day. F
In French law. Officers subject to the practreur imperial or général, who receive in cases of criminal offenses the complaints of the parties injured, and who sammon and exainine w
Inold records. A cut throat or murderer. Cowell.
In the civil law. A yoke; a measure of land; as much land as a yoke of oxen could plow inaday. Nov. 17,¢ 8.
In old English law. A yoke of land; half a plow-land. Domesduy; Co. Litt. 5a; Cowell.
In Spanish law. A trial or suit. White, New Recop. b. 3, tit. 4, c. 1.
- Juicio De Apeodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Spanish law. The decree of a competent tribunal directing the determining and marking the boundaries of lands or estates, JUICIO DE CONCURSO DE ACREE-
In old Scotch law. An ox used for tillage. 1 Pitc. Crim. Tr. pt. 2, p. 89.
In the civil law. Beasts of burden; animals used for carrying burdens. This word did not include “oxen.” Dig. 32, 65, 5.
To abscond, withdraw, or secrete one’s self, in violation of the obligation of a bail-bond. The expression is
In old English law. soil where rushes grow. Co. Litt. 5a; Cow ell. Juncta juvant. United they aid. 4 portion of the maxim, “Quce non velcant sin guia juncta jucant,” (g.v.,) freque
Related on the side of both parents; of the whole blood. Hale, Com. Law, cell.
To in aid; to join in aid. See Arp
In old Em glish law. To join the duellum,; to engage in the combat. Fleta, lib. 1, c. 21, § 1.
- Juniordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Younger. This has veen held to be no partof a man's name, but an addition by use, and a convenient distinction be tween a father and son of the same name 10 Paige, 170; 7 Johns. 54
A barrister under therank of queen’s counsel, Also the junior of two counsel employed on the same side in acase. Mozley & Whitley.
The younger of the counsel employed on the same side of a case, or the one lower in standing or rank, or who is intrusted with the less important parts of the preparation or trial
One whose claim or demand accrued at a date poslerior to that of a claim or demand held by another creditor.
One which was issued after the issuance of another execution, on a different judgment, against the same defendant.
One. which was rendered or entered after the rendition or entry of another judgment, on a different claim, against Lhe same defendant,
One which is issued, or comes to the officer's hands, at a later time than a similar writ, at the suit of another party, or on a different claim, against the same defendant.
In medical jurisprudence. This plant is commonly called “savin.”
A shop where old cordage and ships’ tackle, old iron, raves, bottles, paper, etc., are keptandsold. A place where odds and ends are purchased and sold. 12 Rich. Law, 470.
or JUNTO. A select council for taking cognizance of affairs of great conministry in England, between They clung to cach other for mutotection against the attacks of the so- “Reacti
In English law. _ Fiscal rights; rights of the exchequer. 38). Comm. 45.
In the civil law. Righta in a thing; rights which, being separated from the dominium, or right of property, exist independently of it, and are enjoyed by some other person than him
Lat. Inthecivil law. An oath,
Inthe civillaw. An oath which*the judge, of his own accord, defers to either of the parties. It is of two kinds: First, that which the judge defers for the decision of the cause, a
In Roman law. A compulsory oath. <A disclosure under oath, which the pretor compelled one of the parties to a suit to make, when the other, applying for such an appeal, agreed to a
In Roman law. <A voluntary oath. A species of appeal to conscience, by which one of the parties to a suit, instead of proving his cuse, offered to abide by what his adversary shoul
In oid Englishlaw. Rights of mixeddeminion. The king's right or power of jurisdiction was 80 termed. Hale, Anal. § 6. dura nature sunt immutabilia. The laws of nature are unchangea
Rightsofpersons; the rights of persons, Rights whieh concern and are annexed to the persons of men. 1 Bl. Comm. 122.
In thecivillaw. The rights of estates. Dig. 50, 16, 86. Jura publica anteferenda privatis. Publie rights are to be preferred to private. Oo, Litt. 180a. Applied to protections. Jur
To swear; to take an oath. Jurare est Deum in testem vocare, et est actus divini cultus. 3 Inst. 165. To swear is to call God to witness, and is an act of religion.
In English law. Royal rights or privileges. 131. Comm. 117, 119; 3 Bl. Comm. 44.
Rights of supreme dominion; rights of sovereiguty. 1 BI. Comm. 49; 1 Kent, Comm. 211.
- Juratdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The clause written at the foot of an atlidavit, stating when, where, and before Whom such aflidavit was sworn.
The act of swearing; the administration of an oath. Jurato creditur in judicio. He who
A juror; § compurg: (9. ®-) Juratores debent esse vicini, suffici entes, ef minus suspecti. Jurors oug be neighbors, of sufficient estate, and from suspicion,: Jenk. Cent. 141. Jur
In Seotch law. A description of caution (securit Sometimes offered in a suspension or adyos cation where the complainer is not in cite cumstances to offer any better. Bell.
In English law. Officers in the nature of aldermen, sworn for the govern. ment of many corporations. The twelve as. sistants of the bailiff in Jersey are called Ba urats, ”
Lat. By right; in right; by the law.
By the right or law of war. 1 Kent, Comm. 126; 1 C. Rob. Adm, 289. JURE CIVILL Bythecivillaw. Inst. 1, 3, 4; 1 Bl. Comm, 423.
By divine right. 1 Bl. Comm. 191.
In right of the church. 1 Bl, Comm, 401.
By the right or law of emphytcusis. 8 Bl. Comm. 2382, See EMPHYTEUSIS.
By the law of na tions. Inst. 1, 3, 4; 1 Bl. Comm. 428, Jure natures equum est neminem cum alterius detrimento et injuria fieri locupletiorem. By the law of nature it is not just t
By right of propinquilty or nearness, 2 Crabb, lieal Prop. p. 1019, § 2898.
By right of representation; in the right of ar other person. 2 L1. Comm. 224, 517; 2 Crabb, Real Prop. p. 1019, § 2398. non est consonum quod aliquis in curia regis convincatur ali
Lat. Of right; of law. Juris affectus in executione consistit. _ ‘The effect of the law consists in the execution, Co. Litt. 2890. _ JURIS ET DE JURE. Of law and of ‘right. A presu
A jurist; a person skilled in the science of law, particularly of international or public law.
Lat. In Roman law. An expertin juridical science; a person thoroughly versed in the laws, who was habitually resorted to, for information and advice, both by private persons as his
- Jurisdictiondefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
The power and authority constitutionally conferred upon (or constitutionally recognized as existing in) a conrt or judge to pronounce the sentence of the law, or to award the remed
Pertaining or relating to jurisdiction; conferring jurisdiction; showing or disclosing jurisdiction; defining or limiting jurisdiction; essential to jurisdiction.
The union of scisin or possession and the right of possession, forming a complete title. 2 Bl. Comm. 199, 311. Juris ignorantia est cum jus nostrum ignoramus. Itisignorance of the
A student of the civil law,
Skilled or learned in the law.
Of positive law; a regulation or requirement of positive Jaw, as distinguished fromi natural or divine law. 1 BI. Comm. 439; 2 Steph. Comm. 286. Juris precepta sunt hee: Honeste vi
Of private right; subjects of private property. Hale, Anal. § 25. least in their own use, are common to all the king’s subjects; as common highways, common bridges, common rivers,
- Jurisprudencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The philosophy of law, or the science which treats of the principles of positive law and legal relations. “The term is wrougly applied to actual systems of law, or to current views
In the civil and common law. Jurisprudence, or legal science. Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia. "Jurisprudence" is the knowl
- Juristdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who is versed or skilled in law; answering to the Latin “jurisper. ttus,” {g. 0.) One who is skilled in the civil law, or law of nations. The term is now usually applied to tho
Pertaining or belonging to, or characteristic of, jurispradence, or a jurist, or the legal profession,
- Juristic Actdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
One designed to have a legal effect, and capable thereof.
In English law. An abolished writ which lay for the parson of a church whose predecessor had alienated the lands and tenements thereof. Fitzh. Nat. Brev. 48.