Law Dictionary

It is perfectly clear that as to them a judgment cannot be rendered beyond the penalty, to be discharged on payment of what is actually due; which of course can only be where it is

In English Practice. A parchment roll, on which are transcribed the whole proceedings in the cause, deposited and filed of record in the treasury of the court, after signing of jud

A plea by a defendant that the plaintiff has already recovered that which he seeks to obtain by his action. This was formerly a species of sham plea, often put in for the purpose o

In English law. A record made of the issue roll (q. v.), which, after final judgment has been given in the cause, assumes this name. Steph. PI. 133; 3 Chit. St. 514. JUDICANDUM EST

judgments at law or decrees in chancery, affecting rights of parties to property. They bind only the parties before the court and those who stand in privity with them.

They certainly are not foreign judgments under the Constitution and laws of Congress in any proper sense, because they 'shall have such faith and credit given to them in every othe

uon ezemp Us, I. Judgment is to be given according to laws, not precedents.

Judgment is to be given according to the laws, not according to examples or precedents. 4 Coke, 33b; 4 Bl. Comm. 405.

To Judge; to decide or determine Judicially; to give Judgment or sentence.

In Civil Law. Judging; the pronouncing of sentence, after hearing a cause. Halifax, Civil Law b. 3, c. 8, no. 7.

Tenants who performed judicial functions under their tenure.

The state of those employed in the administration of justice; and in this sense it is nearly synonymous with "judiciary." This term is also used to signify a tribunal; and sometime

the Courts of Chancery, Queen's Bench, Common Pleas, Exchequer, Probate, the Court for Matrimonial

A series of acts of parliament reforming and consolidating the English courts, and simplifying the procedure therein. St. 36 & 37 Vict. c. 66, and St. 38 & 39 Vict. c. 77, and amen

I. Judges. Judices non tenentur exprimere cansam senteiitise suae: judges are not bound to express the reason of their sentence or judgment In the civil law. Judices ordinarii: or

Judges are not bound to give the reasons for their decisions.

Jenk. Cent. 75. Judges are not bound to explain the reason of their sentence.

Plural of Judex ordinarius.

Lat. In the civil law. The ordinary judices appointed by the prætor to try causes.

Plural of Judex pedaneus.

Plural of Judex selectus.

In thecivillaw. The ordinary judices appointed by the praetor to try causes.

Trials; judgments; decisions.

Judgments in the king's courts are not to be annihilated, but to remain in force until annulled by error or attaint. 2 Inst. 539.

Judgments in the king’s court are not to be ignored, but they stand in force until annulled by error or attaint.

Judgments often mature through deliberations, never through hastened process.

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 f

But the appearance of an infant to a suit brought against him, is not a judicial act. The appointment of a guardian to defend the suit; and the taking his examination when a fine i

An act performed by a court, touching the rights of parties, or property, brought before it by voluntary appearance, or by the prior action of ministerial officers, in short, by mi

Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none. Rapalje & L.

One made voluntarily before a court or magistrate.

One made voluntarily in court or before a magistrate. Judicial Committee of the Privy Council: v. Court, 14, 89. Judicial sale: a sale by order of court; under judicial authority,

Admissions of the party which appear of record as the admissions of the party. JUDICIAL COMMITTEE OF THE PRIVY council. In English law. A tribunal, composed of members of the privy

The power and authority appertaining to the oflice of a judge; jurisdiction; the official right to hear and determine questions in controversy. JUDICIAL COMMITTEE OF THE

“judicial branch” means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United

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 distin

The principle in accordance with which the courts of one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of obligation, but ou

His discretion is not arbitrary and uncontrolled, but judicial, to be exercised in conformity with the standards governing the judicial office. He may analyze and dissect the evide

An English tribunal which had jurisdiction of appeals in admiralty and lunacy cases until 1873.

The primary purpose of the prohibition against diminution was not to benefit the judges, but, like the clause in respect of tenure, to attract good and competent men to the bench a

The term “Judicial Conference” means the Judicial Conference of the United States.

Same as Judicial admission.

In criminal law. Those voluntarily made before a magistrate, or in a court, in the due course of legal proceedings. A preliminary examination, taken in writing, by a magistrate law

In construing these laws, it has been truly stated to be the duty of the court to effect the intention of the legislature; but this intention is to be searched for in the words whi

An agreement pursuant to an order of court.

Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 Mart. (La.; N. S.) 494.

One in which legal and judicial business can be transacted. Cf., Legal day, Dies non. See 48 La. Ann. 1088, 20 South. 281.

An opinion of a court or judge on the law as applied to the facts in a case. See 73 Miss. 463, 19 South. 211.

The opinions or determinations of the judges in causes before them. Hale, Hist. Crim. Law, 68; Willes, 666; 3 Barn. & Aid. 122; 1 H. Bl. 63; 5 Maule & S. 185. See "Dictum."

That department of government which interprets, construes and applies the laws. 270 111. 510.

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 prec

The discharge of an insolvent under our statute is a judicial act, of a record character, and is in its nature, as it must be in contemplation of law, the most satisfactory evidenc

That exercise implies conscientious judgment, not arbitrary action. It takes account of the law and the particular circumstances of the case and is 'directed by the reason and cons

These terms are applied to the discretionary action of a judge or court, and mean discretion as above defined, that is, discretion bounded by the rules and principles of law, and n

The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title. / In this section, “judicial district” means (i) in the case of a United Sta

Proceedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal proce

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret th

The term “judicial employee” means any employee of the judicial branch of the Government, of the United States Sentencing Commission, of the Tax Court, of the Court of Federal Clai

where the statutory language and legislative history are unclear, the propriety of judicial enforcement turns on the importance of the duty in the scheme of the Act, the capacity o

For purposes of this subsection, the term “judicial enforcement period” means, with respect to any summons, the period— (A) which begins on the day on which a court proceeding with

In Scotch law. A factor appointed by the courts in certain cases where it becomes necessary to intrust the management of property to another than the owner, as; where the latter is

The exercise of the Judicial faculty or office. The capacity to act in the specific way which appertains to the Judicial power, as one of the powers of government dlciary as a depa

it is a general principle applicable to all judicial officers, that they are not liable to a civil action for any judicial act done within their jurisdiction. In reference to judge

A judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end.

A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end. Le

A term applied to decisions which are criticised as not in accord with law and therefore as infringing upon legislative power.

The term “judicial lien” means lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.

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

To say that a court will take judicial notice of a fact, whether it be an event or a custom or a law of some other government, is merely another way of saying that the usual forms

It cannot certainly be laid down as a universal, or even as a general, proposition, that the court can judicially notice matters of fact. Yet it cannot be doubted, that there are m

wherever a law of a State is held to be a public one, to be judicially taken notice of by the State courts, it must be regarded in like manner by a court of the United States, when

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. 87

A term used in 34 & 35 VicL c. 91, to define qualifications of additional members of the judicial committee of the Privy Council.

The term “judicial officer” means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals, United

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

Judicial offices are those which relate to the administration of justice, and which must be exercised by the persons appointed for that purpose and not by deputies.

"judicial official" means: (A) a Justice or judge of the United States, as defined by section 451 of this title; (B) a judge of the District Court of Guam, the District C

The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution f

This Court can have no jurisdiction other than of cases and controversies falling within the classes enumerated in the judiciary article. It cannot give decisions which are merely

In this paragraph, the term "judicial proceeding" means a hearing— (i) of which the person received actual notice; and (ii) at which the person had an opportunity to part

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

No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt

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

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

By retiring pursuant to the statute a judge does not relinquish his office. The language is that he may retire from regular active service on the bench, not from office.

A proceeding under section 316 of the Packers and Stockyards Act is a judicial review, not a trial de novo. The validity of an order of the Secretary, like that of an order of the

The courts may determine whether his action is within his statutory authority...whether there was any evidence before him to support his determination...and whether the procedure w

The function of the reviewing court is much more restricted. It is limited to ascertaining whether there is warrant in the law and the facts for what the Commission has done. Unles

The courts in reviewing the action of the Commission have no authority to substitute their judgment as to what is reasonable in a given case for that of the Commission, but are lim

the function of review placed upon the courts by Section 6(b) is fully performed when they determine that there has been a fair hearing, with notice and an opportunity to present t

The judicial function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body.

The grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based.

The Commission has wide discretion in its choice of a remedy deemed adequate to cope with the unlawful practices in this area of trade and commerce. It has wide latitude for judgme

if it does not affirmatively appear that the executive officers have acted in some unlawful or improper way and abused their discretion, their finding upon the question of citizens

like the authority previously exercised by the federal Circuit Courts, is confined to determining whether the Commission's order violates the Constitution, or exceeds the power del

the adjudication of [a debtor] as a bankrupt, when followed by the appointment of the trustee in bankruptcy, operated as a 'judicial sale' of his real estate within the meaning of

when the object is to sell the real estate of an insolvent or embarrassed succession, the settled doctrine is, there are no adversary parties—the proceeding is in rem—the administr

An establishment of the right of one spouse to live apart from the other and of rights of property and custody of the children, without divorce.

In Louisiana, a mandate ordering the sheriff in certain cases to take into his possession and to keep a thing of which another person has-the possession until after the decision of

A separation of man and wife by decree of court, less