Black's Law Dictionary

The process by which a jury is summoned in a cause, and by which their attendance is enforced.

A machine containing the names of persons qualified to serve as grand and petit jurors, from which, in an order determined by the hazard of its revolutions, are drawn a sufficient

One member of a jury of matrons, (q. vt)

Lat. In Roman law. Right; justice ; law; the whole body of law; also a right. The term is used in two meanings; 1. "Jus" means "law," considered in the abstract; that is, as distin

The right of renunciation ; the right of an heir, under the Roman law, to renounce or decline the inheritance, as, for example, where his acceptance, in consequence of the necessit

The right to abuse. By this phrase is understood the right to do exactly as one likes with property or having full dominion over property. 3 Toni-lier, no. 86.

The right of survivorship. The right of the survivor or survivors of two or more joint tenants to the tenancy or estate, upon the death of one or more of the joint tenants.

The right of survivorship has no place betwcen merchants, for the benefit of commerce. Co. Litt. 182a; 2 Story, Eq. Jur. § 1207; Broom, Max. 455. There is no survivorship in cases

The right of survivorship is preferred to incumbrances. Co. Litt. 185a. Hence no dower or curtesy can be claimed out of a joint estate. 1 Steph. Comm. 316.

The right of survivorship is preferred to the last will. Co. Litt. 185b. A devise of one's share of a joint estate, by will, is no severance of the jointure; for no testament takes

A term of the civll law, meaning "a right to a thing;" that fs, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurr

The droit d'aubains, (q. v.) See Albinatus Jus.

The laws and customs of the West Saxons, in the time of the Heptarchy, by which the people were for a long time governed, and which were preferred before all others. Wharton.

In the civil law. The name of a servitude which gives to the owner of land the right to bring down water through or from the land of another.

In old English law. The right of bench. The right or privilege of having an elevated and separate seat of judgment, anciently allowed only to the king's judges, who hence were said

The law of war. The law of nations as applied to a state of war, defining in particular the rights and duties of the belligerent powers themselves, and of neutral nations. The righ

The right of proclaiming war.

The canon law.

Civil law. The system of law peculiar to one state or pcople. Inst 1, 2, 1. Particularly, in Roman law, the dvfl law of the Roman pcople, as distinguished from the jus gentium. The

The right of citizenship; the freedom of the city of Rome. It differs from jus quiritium, which comprehended all the privileges of a free native of Rome. The difference is much the

In the civll law. The right of sewerage or drainage. An easement consisting in the right of having a sewer or of conducting surface water, through the house or over the ground of o

In the oivil law. Common right; the common and natural rule of right, as opposed to jus singulare, (q. vt) Mackeld. Rom. Law, § 196 In English law. The common law, answering to the

Laws ought to be made with a view to those cases which happen most frequently, and not to those which are of rare or accidental occurrence. Dig. 1, 3, 3; Broom, Max. 43.

In English law. The right of the crown or to the crown; the right of succession to the throne. 1 Bl. Comm. 191; 2 Steph. Comin. 434.

In old English law. The right of coining money. 2 How. State Tr. 118.

In English law. The right of curtesy. Spelman.

To give or to make the law; the function and prorogative of the legislative department

In the civil law. The right of deliberating. A term granted by the proper officer at the request of him who is called to the inheritance, (the heir,) within which he has the right

A right descends, not the land. Co. Litt 345.

The right of the church of presenting a minister to a vacant parish, in case the patron shall neglect to exercise his right within the time limited by law.

To declare the law; to say what the law is. The province of a court or judge. 2 Eden, 29; 3 P. Wms. 485.

The right of disposing. An expression used either generally to signify the right of alienation, as when we speak of depriving a married woman of the jus disponendi over her separat

The right of disposing of realty by will. Du Cange.

A double right; the right of possession united with the right of property; otherwise called "droit-droit." 2 Bl. Comm. 199.

Law is the science of what is good and just. Dig. 1, 1, 1, 1; Bract, fol. 2b.

Law ls a rule of right; and whatever is contrary to the rule of right ls an injury. 3 Bulst 313.

Right and fraud never dwell together. 10 Coke, 45a. Applied to the title of a statute. Id.; Best, Ev. p. 250, § 205.

A right does (or can) not rise out of a wrong. Broom, Max. 738, note; 4 Bing. 639.

In old English law. The right of mowing or cutting. Fleta, lib. 4, c. 27, § 1.

In Roman law. The law of arms or of heralds. A rudimentary species of international law founded on the rites and religious ceremonies of the different peoples.

In the civil law. A right in trust; as distinguished from jus legitimum, a legal right. 2 Bl. Comm. 328.

In old Roman law. A body of laws drawn up by Cneius Flavius, a clerk of Appius Claudius, from the materials to which he had access. It was a popularization of the laws. Mackeld. Ro

In the civil law. The right to the use of rivers. Locc. de Jure Mar. lib. 1, c. 6.

In the civil and old English law. A right of digging on another's land. Inst. 2, 3, 2; Bract, fol. 222.

In the civil law. A future right; an inchoate, incipient or expectant right, not yet fully vested. It may be either "jus delatum," when the subsequent acquisition or vesting of it

The law of nations. That law which natural reason has established among all men is equally observed among all nations, and is called the "law of nations," as being the law which al

The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177.

The right to have a thing. The right to he put in actual possession of property. Lewin, Trusts, 585. —Jus habeudi et retinendi. A right to have and to retain the profits, tithes, a

A right to have and to retain the profits, tithes, and offerings, etc., of a rectory or parsonage.

In the civil and old English law. The right of drawing water. Fleta, lib. 4, c. 27, § 1.

The body of Roman law, which was made up of edicts of the suprem'e magistrates, particularly the prætors.

The right of inheritance.

In Roman law. The right to use or display pictures or statutes of ancestors; somewhat analogous to the right, in English law, to bear a coat of arms.

In the civll law. The law of immunity or exemption from the burden of public office. Dig. 50, 6.

An unknown law. This term is applied by the civilians to obsolete laws. Bowyer, Mod. Civil Law, 33.

An individual or indivisible right; a right incapable of division. 36 Eng. Law & Eq. 25.

A right against a person ; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something.

In the civll law. A right in a thing. A right existing in a person with respect to an article or subject of property, inherent in his relation to it, implying complete ownership wi

A right in thething cleaves to the person of the usufructuary.

The right of enjoyment which is incident to full ownership or property, and is often used to denote the full ownership or property itself. It is distinguished from jus in re alien

A term of the Roman law descriptive of the aggregate of rights, privileges, and franchises possessed by the cities and inhabitants of Italy, outside of the city of Rome, and afterw

Grot, de Jur. B., 1. 2, c. 13, § 10. The form of taking an oath differs in language, agrees in meaning; for it ought to have this sense: that the Deity is invoked.

Lat. An oath.

Ain oath made between others ought neither to hurt nor profit. 4 Inst. 279.

In Roman law. The right of Latium or of the Latins. The principal privilege of the Latins seems to have bcen the use of their own laws, and their not being subject to the edicts of

In Roman law. A rule of law applicable to magistrates in Latium. It was either majus Latium or minus Latium,—the majus Latium raising to the dignity of Roman citizen not only the m

A legal right In the civll law. A right which was enforceable in the ordinary course of law. 2 Bl. Comm. 328.

A body of laws drawn up by Sextus Ælius, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and decis

The right of a husband; especially the right which a husband acquires to his wife's movable estate by virtue of the marriage. 1 Forb. Inst. pt. 1, p. 63.

In old English law. Mere or bare right; the mere right of property in lands, without either possession or even the right of possession. 2 Bl. Comm. 197; Bract, fol. 23.

The natural law or law of nature; law or legal principles, supposed to be discoverable by the light of nature or abstract reasoning or to be taught by nature to all nations and men

Natural right is that which has the same force among all mankind. 7 Coke, 12.

The law of nature. See Jus Naturale.

The right of navigating or navigation; the right of commerce by ships or by sen. Locc. de Jure Mar. Ub. 1, c. 3.

In Roman law. The right of dcath or of putting to dcath. A right which a father anciently had over his children.

One who has no right cannot be safely obsy-ed. Hob. 146.

Law does not suffer that the same thing be twice paid.

The unwritten law. 1 Bl. Comm. 64.

In Roman law, the right of subrogation, that is, the right of succeeding to the lien and priority of an elder creditor on tendering or paying into court the amount due to him. See

The civil law of Papirius. The title of the earliest collection of Roman leges curiatœ, said to have bcen made in the time of Tarquin, the last of the kings, by a pontifex maximus

In the civil and old English law. The right of pasturing cattle. Inst. 2, 3, 2; Bract, fols. 53 b, 222.

In English ecclesiastical law. The right of patronage; the right of presenting a clerk to a benefice. Blount. A commission from the bishop, where two presentations are offered upon

Rights of Porsena. Those rights which, in the civll law, belong to persons as such or in their different characters and relations; as parents and children, masters and servants, et

In Roman law, the right of rescission or revocation of an executory contract on failure of the other party to fulfill his part of the agreement. See Mackeld. Rom. Law, § 444.

In maritime law. The right of port or harbor.

The right of possession.

In the civil law. The right of postliminy; the right or cluim of a person who had been restored to the possession of a thing, or to a former condition, to be considered as though h

In the civil law. A right to a thing held for another, for which there was no remedy by legal action, but only by entreaty or request 2 Bl. Comm. 328.

In the civil law. A present or vested right; a right already completely acquired. Mackeld. Rom. Law, § 191.

The right of presentation.

Private law; the law regulating the rights, conduct, and affairs of Indlvlduala, as distinguished from "publlc" law, which relates to the constitution and functions of government a

In the civil law. The name of a servitude which conslats in the right to build a projection, such as a balcony or gallery, from one's house in the open space belonging to one's nei

The right of property, as distinguished from the jus possessionis or right of possession. Bract fol. 3. Called by Bracton "jus merum," the mere right. Id.; 2 Bl. Comm. 197; 8 Bl. C

In the civil law, The name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8,

In the civil law. The discretion of the prætor, as distinct from the leges or standing laws. 3 Bl. Comm. 49. That kind of law which the prætors introduced for the purpose of aiding

Publlc law or the law relating to the constitution and functions of government and its officers and the administration of criminal Justice. Also public ownership or the paramount o

Co. Litt. 185. Publlc and private law is that which is collected from natural principles, either of nations or in states; and that which in the civil law is called "jus," in the la

A publlc law or right cannot be altered by the agreements of private persons.

The old law of Rome, that was applicable originally to patricians only, and, under the Twelve Tables, to the entire Roman people, was so called, in contradistinction to the jus prœ

The law which governs corporatioris is the same which governs individuals. Foster v. Essex Bank, 16 Mass. 265, 8 Am. Dec. 135.