Judicial
Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character of judgment or formal legal procedure; as a judicial act. Proceeding from a court of justice; as a judicial writ, a judicial determination. Constituting the basis of a judgment; as a judicial opinion. Whatever emanates from a judge as such, or proceeds from a court of justice, is judicial. A power which, when exercised by officers not connected with the judiciary, would be regarded as purely administrative, becomes at once judicial when exercised by a court of justice. Where any power is conferred upon a court of justice, to be exercised by it as a court, in the manner and with the formalities used in its ordinary proceedings, the action of such court is to be regarded as judicial, irrespective of the original nature of the power. 22 N. Y. 67, 82, 84; 11 Abb. Pr. (N. Y.) 301, 315.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character Of judgment or formal legal procedure; as a judicial act. Proceeding from a court of justice; as a judicial writ, a judicial determination.
— Judicial action. Action of a 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. Rhode Island v. Massachusetts, 12 Pet. 718, 9 L. Ed. 1233; Kerosene Lamp Heater Co. v. Monitor Oil Stove Co., 4l Ohio St. 293.
— Judicial acts. Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none. Ex parte Kellogg, 6 Vt 5lO ; Mills v. Brooklyn. 32 N. Y. 407; Reclamation Dist. v. Hamilton, 112 Cal. 603, 44 Pac. 1074 ; Perry v. Tynen, 22 Barb. (N. Y.) 140.
— Judicial admissions. Admissions made voluntarily by a party which appear of reconi in the proceedings of the court.
—-Judicial authority. The power and authority appertaining to the office of a judge; jurisdiction ; the official right to hear and determine questions in controversy.
— Judicial business. Such as involves the exercise of judicial power, or the application of the mind and authority of a court to some contested matter, or the conduct of judicial proceedings, as distinguished from such ministerial and other acts, incident to the progress of a cause, as may be performed by the parties, counsel, or officers of the court without application to the court or j'udge. See Heisen v. Smith, 138 Cal. 216. 71 Pac. 180, 94 Am. St. Rep. 39; Merchants Nat. Bank v. Jaffray, 36 Neb. 218, 54 N. W. 258, 19 In R. A. 316 ; State v. California Min. Co., 13 Nev. 214.
— Judicial committee of the privy council. In English law. A tribunal composed of members of the privy council, being judges or retired judges, which acts as the king's adviser in matters of law referred to it, and exercises a certain appellate jurisdiction, chiefly in ecclesiastical causes, though its power in this respect was curtailed by the judicature act of 1873.
— Judicial confession. In the law of evidence. A confession of guilt, made by a prisoner before a magistrate, or in court, in the due course of legal proceedings. 1 Greenl. Ev. § 216; White v. State, 49 Ala. 348; U. S. v. Williams, 28 Fed. Cas. 643 ; State v. Lamb, 28 Mo. 218; Speer v. State, 4 Tex. App. 479.
— Judicial conventions. Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. Penniman v. Barrymore, 6 Mart. N. S. (La.) 494.
— Judicial decisions. The opinions or determinations of the judges in causes bsfore them, particularly in appellate courts. Le Blanc v. Illinois Cent. R. Co., 73 Miss. 463, 19 South. 211.
— Judicial dicta. Dicta made by a court or judge in the course of a judicial decision or opinion. Com. v. Paine, 207 Pa. 45, 56 Atl. 317. See Dictum___Judicial district. One of the circuits or precincts into which a state is commonly divided for judicial purposes, a court of general original jurisdiction being usually provided in each of such districts, and the boundaries of the district marking the territorial limits of its authority; or the district may include two or more counties, having separate and independent county courts, but in that case they are presided over by the same judge. See Ex parte Gardner, 22 Nev. 280, 39 Pac. 570; Lindsley v. Coahoma County Sup'rs, 69 Miss. 815, 11 South. 336; Com. v. Hoar, 121 Mass. 377.
— Judicial oath. One taken before an officer in open court, as distinguished from a "non-judicial" oath, which is taken before an officer ex parte or out of court. State v. Drei-fus, 38 La. Ann. 877.
— Judicial officer. A person in whom is vested authority to decide causes or exercise powers appropriate to a court. Settle v. Van Evrea, 49 N. Y. 284; People v. Wells, 2 Cal. 203; Reid v. Hood, 2 Nott & McC. (S. C.) 170, 10 Am. Dec. 582.
— Judicial power. The authority vested in courts and judges, as distinguished from the executive and legislative power. Gilbert v. Priest, 65 Barb. (N. Y.) 448; In re Walker, 68 App. Div. 196, 74 N. Y. Supp. 94 ; State v. Denny, 118 Ind. 382, 21 N. E. 252, 4 L. R. A. 79 ; In S. v. Kendall, 26 Fed. Cas. 753.
— Judicial proceedings. 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 for the determination of a controversy or for legal redress or relief. See Hereford v. People, 197 111. 222, 64 N. E. 310 ; Martin v. Simpkins, 20 Co.lo. 438, 38 Pac. 1092; Mullen v. Reed, 64 Conn. 240, 29 Atl. 478, 24 L. R. A. 664, 42 Am. St. Rep. 174; Aldrich v. Kinney, 4 Conn. 386, 10 Am. Dec. 151.
— Judicial question. One proper for the determination of a court of justice, as distinguished from such questions as belong to the decision of the legislative or executive departments of government and with which the courts will not interfere, calied "political" or "legislative" questions. See Patton v. Chattanooga, 108 Tenn. 107, 65 S. W. 414.
— Judicial remedies. Such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the constitution and laws of the state. Code Civ. Proc. Cal. 1903, § 20; Co.de Civ Proc. Mont. 1895, § 3469.
— Judicial separation. A separation of man and wife by decree of court, less complete than an absolute divorce; otherwise called a "limited divorce."
—-Judicial statistics. In English law. Statistics, published by authority, of the civil and criminal business of the United Kingdom, and matters appertaining thereto. Annual reports are published separately for England and Wales, for Ireland, and for Scotland.
— Quasi judicial. A term applied to the action, discretion, etc., of public administrative officers, who are required to investigate facts, or ascertain the existence of facts, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. See Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 B R. A. 481; Mitchell v. Clay County, 69 Neb. 779. 96 N. W. 078; De Weese v. Smith (a C.) 97 Fed. 317. As to judicial "Day," "Deposit," "Discretion," "Documents," "Evidence," "Factor," "Mortgage," "Notice," "Process," "Sales," "Sequestration," and "Writs," see those titles.
A Law Dictionary and Glossary
George C. Kinney · 1893
Belonging to the office of a judge; relating to, or connected with, the administration of justice; having the character of judgment or formal legal procedure; proceeding from a court of justice; constituting the, basis of a judgment Judicial act: an act done, in the exercise of judicial power. Judicial action: the application to persons or things of legal sequences from facts agreed or judicially ascertained. Judicial admission: a voluntary admission made in due course of legal proceedings. in discerning the course prescribed through or according to the law notice: the notice which a judge Judicial oflice: an office which justice. V. Officia, etc. Judicial law. Judicial sale: a sale under legally authorized for the purpose. limited divorce in which the parties In English law. Judicial Tvrit: a of a court, and tested in the name