Jus

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 court or judicial tribunal. JUS ABUTENDI (Lat. the right to abuse). By this phrase is understood the right to abuse property, or having full dominion over property. 8 Toullier, Dr. Civ. note 86. Used in contradistinction to the jtcs utendi (q. v.). JUS ACCRESCENDI (Lat.) The right of survivorship. At common law, whan one of several joint survivor, who took an estate of inheritance. This right, except in estates held in trust, has been abolished by statute in most of the United States. JUS ACCRESCENDI INTER MERCATOres locum non habet, pro beneficio commercii. The right of survivorship does not exist among merchants for the benefit of commerce. Co. Litt. 182; 1 Bouv. Inst, note 682. JUS ACCRESCENDI PRAEFERTUR oneribus. The right of survivorship is preferred to incumbrances. Co. Litt. 185. JUS ACCRESCENDI PRAEFERTUR ULtimae voluntati. The right of survivorship is preferred to a last will. Co. Litt. 185b. JUS AD REM (Lat.) A right which belongs to a person only mediately and relatively, and has for its foundation an obligation incurred by a particular person. The jus in re, by the effect of its very nature, is independent and absolute, and is exercised per se ipsum, by applying it to its object; but the jus ad rem is the faculty of demanding and obtaining the performance of some obligation by which another is bound to me ad aliquid dandum, vel faciendum, vel praestandum. Thus, if I have the ownership of a horse, the usufruct of a flock of sheep, the right of habitation of a house, a right of way over your land, etc., my right in the horse, in the flock of sheep, in the house, or the land, belongs to me directly, and without any intermediary; it belongs to me absolutely, and independently of any particular relation with another person; I am in direct and immediate relation with the thing itself which forms the object of my right, without reference to any other relation. This constitutes a jus in re. If, on the other hand, the horse is lent to me by you, or if I have a claim against you for a thousand dollars, my right to the horse or to the sum of money exists only relatively, and can only be exercised through you; my relation to the object of the right is mediate, and is the result of the immediate relation of debtor and creditor existing between you and me. This is a jus ad rem. Every jus in re, or real right, may be vindicated by the actio in rem against him who is in possession of the thing, or against any one who contests the right. It has been said that the words jus in re of the civil law convey the same idea as "thing in possession" at common law. This is an error, arising from a confusion of ideas as to the distinctive characters of the two classes of rights. Nearly all the common-law writers seem to take it for granted that by the jus in re is understood the title or property in a thing in the possession of the owner; and that by the jus ad rem is meant the title or property in a thing not in the possession of the owner. But it is obvious that possession is not one of the elements constituting the jus in re, the loss of possession does not exercise' the slightest influence on the character of the right itself, unless it should continue for a sufl Bcient length of time to destroy the right altogether by prescription. In many instances the jus in re is not accompanied by possession at all; the usuary is not entitled to the possession of the thing subject to his use; still, he has a jus in re. So with regard to the right of way, etc. See "Dominium." A mortgage is considered by most writers as a jus in re; but it is clear that it is a jus ad rem. It is granted for the sole purpose of securing the payment of a debt, or the fulfillment of some other personal obligation. In other words, it is an accessory to a principal obligation and corresponding right. It can have no separate and independent existence. The immovable on which I have a mortgage is not the object of the right, as in the case of the horse of which I am the owner, or the house of which I have the right of habitation, etc. The true object of my right is the sum of money due to me, the payment of which I may enforce by obtaining a decree for the sale of the property mortgaged. 2 Marcade, 350 et seq.

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 distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human history or conduct or social development, which we call, in a general sense, "the law." Or, it means the law taken as a system, an aggregate, a whole; "the sum total of a number of individual laws taken together." Or it may designate some one particular system or body of particular laws; as in the phrases "jus civile," "jus gentium," "jus prœtorium." 2, In a second sense, "jus" signifies "a right;" that is, a power, privilege, faculty, or demand iuberent in one person and incident upon another; or a capacity residing in one person of controlling, with the assent and assistance of the sinte, the actions of another. This is its meaning in the expressions "jus in rem," "jus accrescendi," "jus possessionis." It is thus seen to possess the same ambiguity as the words "droit," "recht," and "right," (which see.) Within the meaning of the maxim that "ignorantia juris non excusat" (ignorance of the law is no excuse), the word "jus" is used to denote the general law or ordinary law of the land, and not a private right Churchill v. Bradley, 58 Vt. 403, 5 Atl. 189, 56 Am. Rep. 563; Cooper v. Fibbs, In R. 2 H. In 149; Freichnecht v. Meyer, 39 N. J. Eq. 561. The continental jurists seek to avoid this ambiguity in the use of the word "jus," by calling its former signification "objective," and the latter meaning "subjective." Thus Mackeldey (Rom. Law, § 2) says; "The laws of the first kind [compulsory or positive laws] form law [jus] in Its objective sense, [jus est norma agendi, law is a rule of conduct.] The possibility resulting from law in this sense to do or require another to do is law in its subjective sense, [jus est facultas agendi, law is a license to act.} The voluntary action of man in conformity with the precepts of law is called 'justice,' [justitia]" Some further meanings of the word are: An action. Bract, fol. 3. Or, rather, those proceedings In the Roman action which were conducted before the prætor. Power or authority. Sui juris, in one's own power; independent. Inst. 1, 8, pr.; Bract, fol. 3. Alieni juris, under another's power. Inst 1, 8, pr. The profession (ars) or practice of the law. Jus ponitur pro ipsa arte. Bract, fol. 2b. A court or judicial tribunal, (locus in quo redditur jus.) Id. fol. 3. For various compound and descriptive terms, see the following titles:

I. Right, justice; law; power or authority, v. Juris. Jus accrescendi: the right of survivorship, a principal incident of an estate held by several jointly; — inter mercatores, pro beneflcio commereii, locum non habet: the right of survivorship has no place between merchants, for the benefit of commerce; — prsefertur oneribus: the right of survivorship is preferred to incumbrances; — praifertur ultirase Toluntati: the right of survivorship is pref en-ed to the last will. Jus ad rem: a right to a thing; a right to a thing without possession. Jus albinatus: v. Albinatus ju& Jus belli' the law of war; the right of war; that which may be done without injustice, with regard to an enemy. Jus civile: civil law; the civil law; the whole body of law peculiar to any state; the civil law of the Romans, in particular. Jus dare: to give law; to make law. Jus dicere: to declare the law; to say what the law is. Jus disponendi: the right of disposing. Jus duplicatum: a double right; the right of possession united with the ever is contrary to the rule of right is aa injury. Jus et frans nunqnam cohalbitant: right nad fraud never dwell together. Jus ex injuria non oritur: a right does [or can] not arise out of a wrong. Jus gentium: the law of nations. Jus individunm: an individual or indivisible right; a right incapable of division. Jus in re: a right in a thing; a right in a thing, implying both right and possession; a complete, as distinguished from an imperfect right. Jus mariti: the right of a husband; especially the right of a husband in his wife's movable estate. Jus naturae: the law of nature. Jus navigandi: the right of navigating or navigation; the right of commerce by ships or by sea. Jus non habenti tute non paretur: one who has no right cannot be safely obeyed. Jus non scriptnin: the unwritten law. Jus Papirianum or Jus civile Papirianuin: the civil law of Papirius, — the title of the earliest collection of Roman law. Jus portus: the right of port or harbor. Jus possessionis: a, or the, right of possession, or seisin. Jus postliminil: the right of postliminy; the right by which property taken by an enemy and recaptured or rescued by fellow subjects or allies of the owner is restored to the owner. Jus prailntlonis: the right of preference or priority; the priority of one creditor over another. Jus proprietatls: the.right of property, as distinguished from the jus possessionis, or right of possession. Jus respicit requitatem: the law regards equity. Jus scriptum: written or statute law, called lex scripta, as distinguished from the common law, or lex non scripta. Jus strictum: strict law. Jus tertii: the right or interest of a third person. In English law. Jus civitatis: denization or natm-alization. Jus commune: the common law. Jus coi'ona): the right of the crown; the right to the crown; the right of succession to the throne. Jus carialitatis: the right of curtesy of England. In old English law. Further, law, as distinguished from equity; the profession or practice of the law; a judicial tribunal. Jus aquam ducendi: the right of leading water (over another's land). Jus banci: 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. Jus eudenda) monetae: the right of coining money. Jus falcandi: the right of mowing or cutting. Jus fodiendi: the right of digging on land of another. Jus hauriendi: the right of drawing water. Jus merum; mere or bare right; the mere right of property in lands, without possession or the right of possession. Jus pascendi: the right of pasturing cattle. Jus piscandi: the right of fishing. Jus secandi: the right of cutting. Jus venandi: a right of hunting on another's land. In English ecclesiastical laiv. Jus patronatus: the right of patronavoidance, to inquire by a jury of six clergymenwho is the rightful patron. In Scots law. Jus relictse: the right of a relict; of a widow to her share of her husband's movables. ' In the civil law. Further, a rule of law or a right to a thing; a personal right applying obligee, as distinguished from jus in re, a right which is a real right having effect against commune: common right; the common and as opposed to Jus singulare, q. v. Jus deliberandi: liberating; a right of the heir, to consider cept the inheritance or not Jus est ars boni science of what is good and just Jus flduciarinm as distinguished from jus legitimum, a legal the right to the use of rivers. Jus fodieudi: a another's land. Jus glndii: the right of the power of the law; the right, power or prerogative crime. Jus hauriendi: the right of drawing water. the law of immunity, or exemption from the Jus legitimum: a legal right; a right remedied course of law. Jus natnrale: natural law; the the Romans to that law which is derived from which he has in common with the brute creation. new rule. Jus pascendi: the right of pasturing candi: the right of fishing. Jus postliminii: the the right of a person restored to the possession former condition, to be considered as though Jus prsesens: a present or vested right; a right Jus praetorium: the discretion of the prseto: leges, or standing laws. Jus precarium: a which the remedy was only by entreaty, or request, was no remedy at all. Jus publicum, privatorum non potest: a public law or right cannot be ments of private persons. Jus singulare: a rule, differing from theits commune or common vetus: the old rule. In the Roman law. Jus civile: all the Roman honorarium; in a more restricted sense, the and the disputatio fori. Jus civitatis: the right right of a Roman citizen. Jus feciale: the law orarium: the honorary law; a code of equitable piled from the edicts of the praetors and sediles. of Latium or of the Latins, which seems to and six laymen, ' the right or claim estate, particularly the regulation. Jus ad rem: only against the in the thing itself, third persons. Jus natural rule of right, the right of dewhether he would acet sequi: law is the: a right in trust, right Jus flaminnm: right of digging on sword; the executory of punishing for Jusimmunitatis: burden of public office. by the ordinary name given among those instincts of man Jus novum: the cattle. Jus pisright of postliminy; of a thing, or to a never deprived of it completely acquired. as distinct from the right in courtesy, for — for which there pactis mntari altered by the agreepeculiar or anomalous rule of right Jus law except the jus auctoritas prudentum, of citizenship; the of arms. J us honjurisprudence com- Jus Latii: the right have been mainly a Jus necis: the right of death; or of putting a father anciently had over his children. law; that which regards the condition scriptum: written law; all law actually whether originating in enactment or in orum: a right or privilege allowed to the children. In the canon law. Jus ad rem: a right to imperfect right, such as is gained by distinguished from jus in re, or complete acquired by possession. In old European law. Jus geranii: the of unloading goods from a vessel by called a crane. Jus stapulse: the law of a right or privilege of certain towns, of dise, and compelling it to be offered for

I. Right; justice; law. v. Jura, Jure, Juris. Jus abutendi (the right to abuse): the right to use as one Kkes, absolute ownership. Jus accrescendi: the right of survivorship [as in joint property, on the death of one owner, when the other has the whole]. Jus accrescendi inter mercatores, pro bene&cio commercii, locum non habet: for the benefit of commerce, the right of survivorship has no existence among merchants. Jus accrescendi praefertur oneribus: the right of survivorship is preferred to incumbrances, or ultimo voluntati, to the last will. Jus ad rem: a right to a thing (in the civil law); a personal right, a right founded on contract. A right to the possession of a thing (in the canon law); an inchoate or imperfect right. A right to a thing (in the common law) as distinguished from jus in re, a right without possession. Jus aesneciae: the right of primogeniture. Jus angarise: v.

Law or right. This term is applied in many modern phrases.