Judicial Proceedings

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 or liability. 197111.228.

A proceeding way to the administration of justice, or which legally ascertains any right or liability. Hereford ▼. People, 197 111. 222, 64 N. B. 310. Conclusive presumptions are made in favor of judicial proceedings. Thus, it is an undoubted rule of pleading that nothing shall be intended to be out of the jurisdiction of a superior court but that which is so expressly alleged; 1 Saimd. 74; 10 Q. B. 411, 456. So also, it is presumed, with respect to such writs as are actually issued by the superior courts at Westminster, that they are duly issued, and in a case in Which the courts have jurisdiction,- unless the contrary appears on the face of them; and all such writs will of themselves, and without any further allegation, protect all officers and others in their aid acting under them; and this, too, although they are on the face of them irregular, or even void in form; 6 Co. 64 o; 10 Q. B. 411, 455. The rule is well settled that words spoken in the course of judicial proceedings, though they are such as impute crime to another, and therefore if spoken elsewhere would import ^malice and be actionable in themselves, are not actionable if they are applicable and pertinent to the subject of Inquiry. And this extends not merely to regular courts of justice, but to all inquiries before magistrates, referees, municipal, military, and ecclesiastical bodies; and they are only restrained by this rule, viz., that they shall be made in good faith to courts or tribunals having jurisdiction of the subject, and power to hear and decide the matter of complaint or accusation, and that they are not resorted to as a cloak for private malice. The question, therefore, in such cases is, not whether the words spoken are true, not whether they are actionable in themselves, but whether they were spoken in the course of judicial proceedings, and whether they were relevant and pertinent to the cause or subject of inquiry; Newell, Def. Lib. & Sland. 424; Heard, Lib. & S. 8 101. The rule that no action will lie for words spoken or written in the course of any judicial proceeding has been acted upon from the earliest times. In 4 Co. 14 6, It was adjudged that if one exhibits articles to justices of the peace, “in this case the parties shall not have, for any matter contained in such articles, any action upon the case, for they had pursued the ordinary course of justice in such cases; and if Actions should be permitted in such cases, those who have Just* cause for complaint would not dare to complain, for fear of Infinite vexation.” And it has been decided that, though an afildavlt made in a judicial proceeding is false, slanderous, and malicious, no action will lie against the party making it; 18 C. B. 126; 4 H. A N. 568. or occasion of the words or writing is redress for an alleged wrong, or a proceeding in a tribunal or before some individual or associated body of men, such tribunal, individual, or body must be vested with authority to render judgment or make a decision In the case, or to entertain the proceeding, In order to give them the protection of privileged communications. This qualification of the rule runs through all the cases where the question is involved; Odg. Lib. & SI. 188, n.; Heard, Lib. & S. § 104. Statements made extra- judicially to a magistrate with a view to asking his advice are not a judicial proceeding; 3 B. & C. 24. Official Records of the States. The constitution provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. This applies as well to the Judgments and records of the courts of the several territories; Suesenbach v. Wagner, 41 Minn. 108, 42 N. W. 925. Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof. The term records includes all executive, judicial, legislative, and ministerial acts, constituting the public records of the state; Desty, Fed. Const. 203; White v. Burnley, 20 How. (U. S.) 250, 15 L Ed, 886; Watrous’ Heirs v. Mc- Grew, 16 Tex. 509. Legislative acts must be authenticated by the seal of the state; U. S. v. Johns, 4 Dali. (U. S.) 412, 1 L. Ed. 888. As to the effect of judicial proceedings under this provision, see Foreign Judgments. As to records generally, see Records, See generally. Judge; Judge-Made Law; Judicial Documents; Judicial Power;

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.

Defined under Judicial in Black's Law Dictionary.

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 controversy or for legal redress or reliel,