Juris Positivi

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 subjects; as common highways, common bridges, common rivers, and common ports. Hale, Anal. § 23. The phrase publiei juris is also used. Hale de Jur. Mar. par. 1, c. 3. JURIS UTRUM (Law Lat.) In English ments belonging to the church, which were aliened by his predeceaaor. Termes de la Ley; 48 Fitzh. Nat. Brev. 49. Sometimes called "the parson's writ of right," being the highest writ be could have. 3 Bl. Commi. 262. JURI8CON8ULTU8 (Lat. skilled In the law).

In civil law. A peraon who has such knowledge of the laws and customs which prevail in a state as to be able to advise, act, and to secure a person in his dealings. The early jurisconsults gave their opinions gratuitously, and were also employed in drawing up written documents. From Augustus to Adrian, only those allowed "by the emperor could be jurisconsults. Before and after those emperors, any could be jurisconsults who chose. If their opinion was unanimous, it had the force of law; if not, the praetor could follow which opinion he chose. Vicat. There were two sects of jurisconsults at Rome, — ^the Proculeians and Labinians. The former were founded by Labeo, and were in favor of innovation; the latter by Capito, and held to the received doctrine. Cush. Rom. Law, §§ 5, 6. JURISDICTIO EST POTESTAS DE PUBlico introducta, cum necessitate juris dicendi. Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice. 10 Coke, 73a. JURiSDICTION (Lat. jms, law, dicere, to say). The authority by which judicial oificers take cognizance of and decide causes; power to hear and determine a cause. 3 Ohio, 494; 6 Pet. (U. S.) 591. And it has been considered that it is essential to jurisdiction that the court should not only have power to hear and determine the case generally, but that, in the course of the hearing, and in the particular judgment rendered, it keep within its power. 93 U. S. 282. Jurisdictioti is either (1) general over all matters within the judicial power of the sovereignty creating it, or (2) limited to certain specified subject matters or persons. See "General Jurisdiction." It is either (3) original, being that of the tribunal in which an action is commenced in the first instance, or (4) appellate, being that of the tribunal to which the action is removed by proceedings for review. It is either (5) exclusive in some particular court, (6) concurrent in being possessed at the same time by two or more separate tribunals, or (7) assistant, being that possessed by a tribunal in aid of proceedings in another separate tribunal. It is either (8) criminal, that which exists for the punishment of crimes, or (9) civil, over subject matters not of a criminal nature.

Of positive law; a regulation or requirement of positive law, as distinguished from nafural or divine law. 1 Bl. Comm. 439 ; 2 Steph. Comm. 286.

Defined under Juris in Black's Law Dictionary.

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 vivere; alterum non ledere; suum cuique tribuere. Thesearethe precepts of the law: To live honorably; to hurt nobody; to render to every one his due. Inst. 1, 1, 3; 1 Bl. Comm. 40.