The Cyclopedic Law Dictionary

In Louisiana. The lien resulting from judgments, whether these be rendered on contested cases, or by default, whether they be final or provisional, in favor of the person obtaining

The cognizance tak- »en by a court of matters of fact, without the production of evidence thereof. The matters of fact of which judicial notice will be taken are, in general, those

Those whose duties are to decide controversies between individuals, and accusations made in the name of the public against persons charged with a violation of the law. Ministerial

The authority vested in the judges or courts, as distinguished from that vested in other departments of government. That power by which judicial tribunals construe the constitution

A procfeeding which takes place in or under the authority of a court of justice, or which relates in any way to the administration of justice, or which legally ascertains any right

A sale, by authority of some competent tribunal, by an officer authorized by law for the purpose. In a strict sense, an execution sale is not a judicial sale (18 Vt. 394), but it i

In English practice. The capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court to which the original was returnable. Being grou

That which is done while administering justice; the judges taken collectively; as, the liberties of the people are secured by a wise and independent judiciary. See "Court"; 3 Story

The name ordinarily given to Act Cong. Sept. 24, 1789, establishing the system of federal courts. JUDICIIS POSTERIORIBUS FIDES EST adhlbenda. Faith or credit is to be given to the

It is the duty of a judge to declare the law, not to enact it. Lofft, 42. JUDICIS OFFICIUM EST OPUS DIEI IN die SUO perflcere. It Is the duty of a judge to finish the work of each

A court; judicial power; a judicial proceeding; sometimes applied in this sense to an action generally, and sometimes to a determination therein, as a verdict or judgment. an impro

In old English law. Judgment of death; capital judgment. Fleta, lib. 1, c. 39, § 2. Called, also, "judidum vitae amissionis," judgment of loss of life. Id. lib. 2, c, 1, § 5. JUDIC

Judgment is, as it were, a saying of the law. Co. Litt 168. JUDICIUM NON DEBET ESSE ILLUSOrlum; suum affectum habere debet. A judgment ought not to be illusory; it ought to have it

In old English law. Judgment of the peers; judgment of one's peers; trial by jury. Magna Charta, c. 29.

Judgment is given against one, whether he will or not. Co. Litt. 248b.

IN praesumptione legis. In presumption of law, a judgment is g^iven against inclination. Co. Litt. 248b, 314b. JUDICIUM SEMPER PRO VERITATE acclpitur. A judgment is always taken fo

In French law. Officers subject to the procureur imperial or general, who receive in cases of criminal offenses the complaints of the parties injured, and who summon and examine wi

In old records. A cutthroat or murderer. Cowell. JUGUM (Lat.) In the civil law. A yoke; a measure of land; as much land as a yoke of oxen could plough in a day. Nov. 17, c 8. Calle

In Spanish law. A trial or suit. White, New Recop. bk. 3, tit. 4, c 1.

In Spanish law. The decree of a competent tribunal directing the determining and marking the boundaries of lands or estates. JUICIO DE CONCURSO DE ACREEDOces. In Spanish law. The d

In old Scotch law. An ox used for tillage. 1 Pitc. Crim. Tr. pt. 2, p. 89.

In civil law. Beasts of burden; animals used for carrying burdens. This word did not include "oxen." Dig. 32. 65. 5.

A colloquial expression, meaning to abscond in violation of the obligation of a bail bond.

Things joined have eflfect. 11 East, 220.

(Lat.) In old English law. A joining together; the imiting, putting together, or including of several covenants in one stipulation or contract. Bract, fol. 100b. A jointure; a join

Younger; subsequent to in point of time. Thus, junior creditor, one whose claim accrued after that of another; junior judgment, one entered after another against the same person; j

In Roman law. A necessary (compulsory) oath. A statement under oath which might be required of a party on his adversary agreeing to be bound thereby.

In Roman law. A voluntary oath, which a party might make on the offer of his adversary to be bound thereby. He was not, however, compelled to accept the offer, as in case of the ju

The laws of nature are unchangeable. Branch, Princ; Oliver, Forms, 56. JURA PERSONARUM (Lat.) In civil law. Rights which belong to men in their different characters or relations, a

In civil law. The rights of estates. Dig. 50. 16. 86. JURA PUBLICA ANTEFERENDA PRIvatis. Public rights are to be preferred to private. Co. Litt. 130. JURA PUBLICA EX PRIVATO PROMIS

To swear; to take an oath. JURARE EST DEUM IN TESTEM VOcare, et est actus divinj cultus. To swear is to call God to witness, and is an act of religion. 8 Inst. 165. See 3 Bouv. Ins

Rights of things; the rights of things; rights which a man may acquire over external objects or things unconnected with his person. 1 Bl. Comm. 122; 2 Bl. Comm. 1. JURA SANGUINIS N

Rights of supreme dominion; rights of sovereignty. 1 Bl. Comm. 49; 1 Kent, Comm. 211. JURAMENTAE CORPORALES (Lat.) Corporal oaths. These oaths are so called because the party makin

In practice. That part of an affidavit where the officer certifies that the same was "sworn" before him, and when and where.

The act of swearing; the administration of an oath.

He who makes oath is to be believed in judgment. 3 Inst. 79.

A juror; a compurgator (g. v.).

sufficientes et minus suspecti..Turors ought to be neighbors, of sufficient estate, and free from suspicion. Jenk. Cent. Cas. 141.

Jurors are the judges of the facts. Jenk. Cent. Cas. 68.

A security sometimes taken in Scotch proceedings, when no better can be had, viz., an inventory of effects given up upon oath, and assigned in security of the sums which may be fou

By the right or law of war. 1 Kent, Comm. 126; 1 C. Rob. Adm. 289. JURE CIVILL By the civil law. Inst. 1. 3. 4; 1 Bl. Comm. 423.

In right of the church. 1 Bl. Comm. 401.

By the right or

NEMInem cum alterlus detrimento, et Injuria flare locupletlorem. According to the laws of nature, it is just that no one should be enriched with detriment and injury to another, i.

Pertaining to; essential to or conferring jurisdiction. JURISPERITUS (Lat. from jus, law Ijuris, of law], and peritua, skilled). Skilled or learned in the law.

In equity pracby a general averment that the acta complained of are contrary to ecpiity, and tend to the injury of the plaintiff, and that he has no remedy, or not a complete remed

Positive, as destinguished from natural, law. JURIS PUBLICI (Lat.) Of common right; of common or public use; such things as, at least in their own use, are common to all the king's

The science of the law; the practical science of giving a wise interpretation to the laws, and making a just application of them to all cases as they arise. By science, in the firs

One versed in the science of the law; one skilled in the civil law; one skilled in the law of nations.

One of legal eflcaoy.

In Spanish law. A certain pension granted by the king on the public revenues, and more especially on the salt works, by favor, either in consideration of meritorious services, or i

A place set apart for the jury to sit in during the trial of a cause.

A paper containing the names of jurors impanelled to try a cause, or it contains the names of all the jurors summoned to attend court.'

A juror; one who is impanelled on a jury. Webster.

See "Jury Worn-

In practice. The writs for summoning a jury, viz., in England, venire juratores facias, and distringae juratores, or habeas corpora juratorum. These writs are now abolished, and ju

A revolving box, from which names are drawn by chance to form the jury list (q. v.).

A jury of women was given in two cases, viz., on writ de ventre inspidendo, in which case the jury was made up of men and women, but the search is made by the latter (1 Madd. 11; 2

Right in general or in the abstract; justice or equity. Law in general; law as distinguished from equity. A rule of law; a statute or regulation. Power or authority. An action; a c

The right of primogeniture.

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. JUS A

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 to declare war.

The canon law. JUS CIVILE (Lat.) In Roman law. The private law, in contradistinction to the JUS CIVILE EST QUOD SIBI POPULUS constituit. The civil law is what a people establishes

(Lat.) In civil law. The name of a servitude which requires the party who is subject to it to permit his neighbor to conduct the waters which fall on his grounds over those of the

In Civil Law. Common right; the common and natural rule of right, as opposed to jus singular e (q. v.). Mackeld. Civ. Law, § 196. In English Law. The common law, answering to the S

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

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

In English law. The right of curtesy. Spelman. JUS DARE (Lat.) To give or to make the law. Jus dare belongs to the legislature; jus dicere, to the judge. JUS DELIBERANDI (Lat.) The

ET NON TERRA. A right descends, not the land. Co. Litt. 345. JUS DICERE (Lat.) To declare the law. It is the province of the court jus dicere, to declare what the law is.

NON JUS DARE. To declare the law, not to make it. 7 Term R. 561; Broom, Leg. Max. (3d London Ed.) 140. JUS DISPONENDI (Lat.) The right to dispose of a thing.

The right of disposing of realty by will. Du Cange. JUS DUPLICATUM (Lat. double right). When a man has the possession as well as the property of anything, he is said to have a doub

Law is the science of what is good and just. Dig. 1. 1. 1. 1. JUS EST NORMA RECTI; ET QUICquid est contra normam recti est Injuria. The law Is the rule of right; and whatever is co

A right cannot arise from a wrong. 4 Bin. 639.

(Lat.) In old English law. The right of mowing or cutting. Fleta, lib. 4, c. 27, § 1. JUSFECIALE (Lat.) In Roman law. That species of international law which had its foundation in

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

In civil law. The right to the use of rivers. Locc. de Jur. Mar. lib. 1, c. 6. JUS FODIENDI (Lat.) In the civil and old English law. A right of digging on another's land. Inst. 2.

The right of inheritance. Rapalje & L.

(Lat.) In 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 supreme mag^istrates, particularly the praetors.

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

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. Rapalje & L, JUS IN RE (Lat.) A righ

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 aliena

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

The law of nature. See "Jus Naturale."

Natural law; the rule and dictate of right reason, showing the moral deformity or moral necessity there is in any act according to its suitableness to a reasonable nature. Grotius

NEC frangi potentia, nee adulterari pecunia potest; quod si non modo oppressum, sed desertum aut negligentia asservatum fuerit, nihil est quod quisquam se habere cerium, aut a patr

TUTE NON PAREtur. It is safe not to obey him who has no right. Hob. 1. 46. JU8 NON PATITUR UT IDEM BIS SOLvatur. Law does not suffer that the same thing be twice paid.

The unwritten law. 1 Bl. Comm. 64.

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

(Lat.) In civil and old English law. The right of pasturing cattle. Bract, fol. 53b, 222. JUS PATRONATUS (Lat.) In ecclesiastical law. A commission from the bishop, directed usuall

In Civil Law. The right of postliminy; the right or claim of a person who had been restored to the possession of a thing, or to a former condition, to be considered as though he ha

In civil law. A present or vested right; a right already completely acquired. Mackeld. Civ. Law, p. 174, § 183.

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

The king's private property in the soil covered by navigable water. 202 111. 433. JUS PROJICIENDI (Lat.) In civil law. The name of a servitude by which the owner of a building has

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

The right to have the water kept free from obstructions for the purpose of navigation. 202 111. 433. In the Roman Law. Public law; that which regards the condition of the Roman sta

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 fus pra

Law regards equity. Co. Litt. 24b; Broom, Leg. Max. (3d London Ed.) 143; 17 Q. B. 292.