Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
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.
- Judicial Mortgagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
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
- Judicial Proceedingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
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
- judicial saledefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
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
the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and
The distinction between the judicial function of declaring a rate unreasonable and the legislative one of establishing a rate as reasonable.
Any writ issued by a court after an action is begun.
In English practice. The capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court to which the original was returnable. Being grou
The more recent decisions are the stronger in law.
- Judiciarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
That which is done while administering justice; the judges taken collectively; as, the liberties of the people are secured by a wise and independent judiciary. See "Court"; 3 Story
2. That branch of government invested with the judicial power; the system of courts in a country; the body of judges; the bench,
- Judiciary Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name ordinarily given to Act Cong. Sept. 24, 1789, establishing the system of federal courts. JUDICIIS POSTERIORIBUS FIDES EST adhlbenda. Faith or credit is to be given to the
The declaration, plea, and finding must be taken together; and from these, we are bound, by the 32d section, above cited, to ascertain whether, according to the right of the cause
The principal criminal court of Scotland.
Judgments are, as it were, the sayings of the law and are received as truth.
Faith should be placed in more recent decisions.
A judge need not be obeyed when exceeding his jurisdiction.
Lat. A caution or security, given in Scotch courts for the defendant to abide judgment within the jurisdiction. Stim. Law Gloss.
It is punishment enough for a judge that he has God as his avenger. 1 Leon. 295.
It is is sufficient punishment for a judge that he has God as his punisher.
The judge in his decision ought to follow the rule, when the exception is not proved.
The exception not being proved, it is the judge’s duty to follow the rule.
Dyer, 12. It is the duty of a judge to decide according to facts alleged and proved.
It is the duty of the judge to decide according to the allegations and proofs, i. e., the pleadings and the evidence.
It is the duty of a judge to declare the law, not to enact it. Lofft, 42. JUDICIS OFFICIUM EST OPUS DIEI IN die SUO perflcere. It Is the duty of a judge to finish the work of each
It is the duty of a judge to inquire into the times of things, as well as into things themselves. Co. Litt 171.
It is the duty of a judge to finish the work of each day within that day. Dyer, 12.
It is the duty of a judge to complete the day’s work on the day.
- Judicis officium est ut res ita tempora rerum quaerere; quaesito tempore tut serisdefined inBallentine's (1916)
It is as much the judge’s duty to inquire into the times of things as the things themselves; by inquiring into the time you will be safe.
- Judiciumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A court; judicial power; a judicial proceeding; sometimes applied in this sense to an action generally, and sometimes to a determination therein, as a verdict or judgment. an impro
A judgment rendered by one not the proper judge is of no avail.
10 Coke, 70. A judgment given by one who is not the proper judge is of no force.
Trial by water. See Hot-water ordeal .
- Judicium Capitaledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. Judgment of death; capital judgment. Fleta, lib. 1, c. 39, § 2. Called, also, "judidum vitae amissionis," judgment of loss of life. Id. lib. 2, c, 1, § 5. JUDIC
The judgment of God, the outcome of an ordeal. See Ordeal .
Judgment is, as it were, a saying of the law. Co. Litt 168. JUDICIUM NON DEBET ESSE ILLUSOrlum; suum affectum habere debet. A judgment ought not to be illusory; it ought to have it
Trial by the iron. See Trial by the iron .
Fire ordeal, which see.
- Judicium non debet esse illusorium; suum effectum habere debetdefined inBallentine's (1916)Black's (1910)
A judgment ought not to be illusory; it ought to have its effect.
- Judicium Pariumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. Judgment of the peers; judgment of one's peers; trial by jury. Magna Charta, c. 29.
Judgment for the king.
Judgment is given against one, whether he will or not. Co. Litt. 248b.
IN praesumptione legis. In presumption of law, a judgment is g^iven against inclination. Co. Litt. 248b, 314b. JUDICIUM SEMPER PRO VERITATE acclpitur. A judgment is always taken fo
In presumption of law, a judgment is rendered against one's will. See 95 N. Y. 428, 47 Am. Rep. 64.
A judgment is always received as the truth.
Lat. A Jew.
io The science of law; the practical science of giving a wise interpretation to the laws and of making a just application of them to cases.n Whence jurisprudential. Comparative jur
In old English law. A watery place. Domesday; Cowell.
In French Law. Judge. It is applied in strictness only to Judges of the inferior courts. Members of the Cour d’ Appel and of the Cour de Cassation are called Conseillers.
In French Law. A Justice of the peace. See Courts op France. JUGE D’INSTRUCTiON. In French Law. An officer subject to the procureur-general, who in cases of criminal offences recei
See Instruction.
A Roman land measure, 240x120 feet.
In French law. Officers subject to the procureur imperial or general, who receive in cases of criminal offenses the complaints of the parties injured, and who summon and examine wi
In old records. A cutthroat or murderer. Cowell. JUGUM (Lat.) In the civil law. A yoke; a measure of land; as much land as a yoke of oxen could plough in a day. Nov. 17, c 8. Calle
A yoke.
In old English law. A yoke of land; hnif a plow-land. Domesday; Co. Litt. 5a; Cowell.
A yoke of land; half of a plough-land. See Ploughland .
In Spanish law. A trial or suit. White, New Recop. bk. 3, tit. 4, c 1.
- Juicio De Apeodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Spanish law. The decree of a competent tribunal directing the determining and marking the boundaries of lands or estates. JUICIO DE CONCURSO DE ACREEDOces. In Spanish law. The d
(Spanish) A judgment directing a pro rata payment to the creditors of an insolvent.
The judgment granted for a debtor who has various creditors, or for such creditors, to the effect that their claims be satisfied according to their respective form and rank, when t
A solar calendar adopted by Julius Caesar.
In old Scotch law. An ox used for tillage. 1 Pitc. Crim. Tr. pt. 2, p. 89.
In civil law. Beasts of burden; animals used for carrying burdens. This word did not include "oxen." Dig. 32. 65. 5.
A colloquial expression, meaning to abscond in violation of the obligation of a bail bond.
A colloquial expression describing the act of the principal in a ball bond in violating the condition of the obligation by failing to do the thing stipulated, as, not appearing in
In old English law. Thee soil where rushes grow. Co. Litt. 5a; Co.w-> ell.
United they aid. A portion of the maxim, "Quæ non valeant sin-, gula juncta juvant," (q. v.,) frequently cited. 3 Man. & G. 99.