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jactitation (jak-ti-tay-shan). 1. A false boasting or claim that causes injury to another. 2. SLANDER OF TITLE.

jactitation of marriage 1. False and actionable boasting or claiming that one is married to another. 2. An action against a person who falsely boasts of being married to the complainant. "Jactitation of marriage is a cause of action which arises when a person falsely alleges that he or she is married to the petitioner, and the remedy sought is a perpetual injunction against the respondent to cease making such allegations. The cause is now uncommon in English municipal law and almost unknown in the conflict of laws." R.H. Graveson, Conflict of Laws 349 (7th ed. 1974).

jactitation of title See SLANDER OF TITLE.

jactura (jak-t[y]oor-a), n. [Latin] Civil law. 1. A throwing ofgoods overboard to lighten or save a vessel; JETTISON. 2. A loss incurred from this; general average. See general average under AVERAGE. Also termed jactus.

jactus lapilli (jak-tas la-pit-i). [Latin "the throwing down of a stone"]. A landowners throwing of a small stone onto a neighbors land to symbolically protest construction that could threaten the throwers interest. Cf. NOVI OPERIS NUNTIATIO.

jactus mercium navis levandae causa (jak-tas mar-shee-am nay-vis la-van-dee kaw-za). [Latin "the throwing of goods into the sea for the purpose of lightening the ship"]. Roman law. JETTISON. See LEX RHODIA.

jactus reus (jak-tas ree-tis). [Latin]. Roman law. The casting of a net in the context ofemptio spei. See emptio spei under EMPTIO.

JAG abbr. JUDGE ADVOCATE GENERAL.

JAG Department See JUDGE ADVOCATE GENERALS DEPARTMENT.

JAG Manual See MANUAL OF THE JUDGE ADVOCATE GENERAL.

jail A local governments detention center where persons awaiting trial or those convicted of misdemeanors are confined. Also spelled (esp. in BrE) gaol. Also termed holding cell; lockup; jailhouse; house of detention; community correctional center. Cf. PRISON. - jail, vb.

jail credit Time spent by a criminal defendant in confinement while awaiting trial. This time is usu. deducted from the defendants final sentence (if convicted). Also termed jail-credit time.

jail delivery 1. An escape by several prisoners from a jail. 2. Archaic. A clearing procedure by which all prisoners at a given jail are tried for the offenses that they are accused of having committed.

jail delivery See JAIL DELIVERY.

jail liberties Bounds within which a jailor prison lies and throughout which certain prisoners are allowed to move freely, usu. after giving bond for the liberties. The bounds are considered an extension of the prison walls. Historically, jail liberties were given in England to those imprisoned for debt. The prisoners were allowed to move freely within the city in which the prison was located. - Also spelled (esp. in BrE) gaol liberties. Also termed jail limits. See BOUND (2). "[S]tatutes were from time to time passed enlarging the gaol liberties, in order to mitigate the hardships of imprisonment: thus, the whole City of Boston was held the gaol liberties of its county gaol. And so with a large part of New York City .... The prisoner, while within the limits, is considered as within the walls of the prison." 1 John Bouvier, Bouviers Law Dictionary 1333-34 (8th ed. 1914).

jail mail Correspondence sent by or to an incarcerated person. It is often screened by prison personnel.

jailer A keeper, guard, or warden of a prison or jail. Also spelled (esp. in BrE) gaoler.

jailhouse See JAIL.

jailhouse lawyer A prison inmate who seeks release through legal procedures or who gives legal advice to other inmates. Also termed guardhouse lawyer.

Jamaican switch An illegal scheme whereby one conspirator convinces the victim of a need for help in handling a large sum of money, usu. by claiming to have found the money or by claiming to be an unsophisticated foreigner, and promises to share part of the money with the victim or asks the victim for help in finding a suitable charity to donate to, at which time the other conspirator appears and promises to assist ifboth the victim and first conspirator provide good-faith money, the intent being for the two conspirators to leave with all the money, including the victims. The name given to this scheme is likely to be considered offensive by some. Also termed pigeon drop.

James hearing A court proceeding held to determine whether the out-of-court statements of a coconspirator sbould be admitted into evidence, by analyzing whether there was a conspiracy, whether the declarant and the defendant were part of the conspiracy, and whether the statement was made in furtherance of the conspiracy. United States v. James, 590 F.2d 575 (5th Cir. 1979); Fed. R. Evid. 801(d)(2)(E).

Jane Doe A fictitious name for a female party to a legal proceeding, used because the partys true identity is unknown or because her real name is being withheld. Also termed Jane Roe; Mary Major. Cf. JOHN DOE.

Janus-faced (jay-nas fayst), adj. Having two contrasting or contradictory aspects; two-faced <a Janusfaced plea>.

Jason clause A bill-of-Iading clause requiring contribution in general average even when the peril that justified the sacrifice was the result of the carriers negligence, for which the carrier is otherwise exempt from liability by statute. The clause is named after the Supreme Court case that upheld its enforceability, The Jason, 225 U.S. 32, 32 S.Ct. 560 (1912). See general average under AVERAGE.

Jawgiver 1. A legislator, esp. one who promulgates an entire code of laws. 2. A judge with the power to interpret law. lawgiving, adj. & n. john Chipman Gray in his The Nature and Sources of the Law (1921) repeats a number of times a quotation from Bishop Hoadley [1676-1761]: Whoever hath an absolute authority to interpret any written or spoken laws, it is he who is truly the Law-giverto all intents and purposes, and not the person who first wrote or spoke them. Lon L. Fuller, Anatomy of the Law 23-24 (1968).

jaywalking The act or instance of crossing a street without heeding traffic regulations, as by crossing between intersections or at a place other than a crosswalk. - jaywalk, vb.

JCP abbr. Justice of the Common Pleas. See COURT OF COMMON PLEAS.

Jedburgh justice (jed-bar-a). See JUSTICE (1).

Jedburgh justice (jed-bar-a). A brand of justice involving punishment (esp. execution) first and trial afterwards. The term alludes to Jedburgh, a Scottish border town where in the 17th century raiders were said to have been hanged without the formality of a trial. Jedburgh justice differs from lynch law in that the former was administered by an established court (albeit after the tact). - Also termed Jeddart ;ustice; Jedwood justice. Cf. LIDFORD LAW; LYNCH LAW.

Jeddart justice (jed-art). See Jedburgh justice under JUSTICE (1).

jederal judicial code The portion (Title 28) of the U.S. Code dealing with the organization, jurisdiction, venue, and procedures of the federal court system, as well as court personnel, and the Department of Justice.

jedge and warrant (jej). The authority formerly given by the Dean of Guild of a burgh to rebuild or repair a dilapidated house or tenement.

Jedwood justice (jed-wad). See Jedburgh justice under JUSTICE (1).

Jencks material Criminal procedure. A prosecution witnesss written or recorded pretrial statement that a criminal defendant, upon filing a motion after the witness has testified, is entitled to have in preparing to cross-examine the witness. The defense may use a statement of this kind for impeachment purposes. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007 (1957); Jencks Act, 18 USCA § 3500. Cf. BRADY MATERIAL.

Jensen doctrine The principle that a state statute may not apply in a maritime case if to do so would "work material prejudice to the characteristic features of the general maritime law or interfere with the proper harmony and uniformity of that law." Southern Pac. Co. v. Jensen, 244 U.S. 205,37 S.Ct. 524 (1917).

jeofail (jef-ayl), n. [fr. French j ay faille] Archaic. 1. A pleading error or oversight that results in a misjoined issue and requires a repleader. 2. The acknowledgment of such an error. - Also spelled jeofaile.

jeopardy The risk of conviction and punishment that a criminal defendant faces at trial. Jeopardy attaches in a jury trial when the jury is empaneled, and in a bench trial when the first witness is sworn. Also termed legal jeopardy. See DOUBLE JEOPARDY.

jeopardy assessment See ASSESSMENT.

jeopardy assessment An assessment by the IRS with out the usual review procedures of additional tax owed by a taxpayer who underpaid, based on the IRS's belief that collection of the deficiency would be jeopardized by delay. IRC (26 USCA) §§ 6811 et seq.

Jepson claim An improvement-patent claim characterized by a preamble setting forth the current state of the art, followed by the phrase the improvement comprising and a description of the claimed patentable improvement. The name comes from Ex parte Jepson, 1917 C.D. 62, 243 O.G. 526 (Ass t Comm r Pat. 19l7), in which this type of claim was first approved and sanctioned bv the Commissioner of Patents. Also termed imp;ovement claim.

Jepson claim See PATENT CLAIM.

jerk note A permit, issued by a customs collector to the ships master, authorizing the master to receive cargo for an outbound voyage.

jetsam (jet-sam). The portion of a ships cargo and equipment that is (1) thrown overboard in an effort to save the ship from a perilous condition, and that (2) either sinks beneath the surface or is washed ashore. Also termed jettison. Cf. FLOTSAM; LAGAN (1); WAVESON.

jettison (jet-a-san). 1. The act of voluntarily throwing cargo overboard to lighten or stabilize a ship that is in immediate danger. Also termed equitable jettison; jactura; jactus mercium navis levandae causa. See general average under AVERAGE. 2. JETSAM. jettison, vb. "The goods must not be swept away by the violence of the waves, for then the loss falls entirely upon the merchant or his insurer, but they must be intentionally sacrificed by the mind and agency of man, for the safety of the ship and the residue of the cargo. The jettison must be made for suffieient cause, and not from groundless timidity. It must be made in a case of extremity, when the ship is in danger of perishing by the fury of a storm, or is laboring upon rocks or shallows, or is closely pursued by pirates or enemies; and then if the ship and the residue of the cargo be saved by means of the sacrifice, nothing can be more reasonable than that the property saved should bear its roportion of the loss," 3 James Kent, Commentaries on American Law *232-33 (George Comstock ed., 11 th ed. 1866).

jeux de bourse (zhoo da bars), n. [French "games of the stock exchange"] Speculation in stocks or bonds, as by dealing in options or futures.

Jewell instruction See JEWELL INSTRUCTION.

Jewell instruction (joo-wal). Criminal procedure. A courts instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular bag contained drugs, but the surrounding circumstances would put a reasonable person on notice that there was a high probability of illegality, as when the defendant has taken the bag from a known drug-dealer and has noticed the smell of marijuana coming from the bag, then the court may instruct the jury that it is entitled to infer the defendants guilty knowledge if the defendant deliberately avoided knowledge of the critical facts. United States v. Jewell, 532 F.2d 697 (9th Cir. 1976). Also termed deliberate-indifference instruction. Cf. ostrich instruction under JURY INSTRUCTION.

Jim Crow law A law enacted or purposely interpreted to discriminate against blacks, such as a law requiring separate restrooms for blacks and whites. Jim Crow laws are unconstitutional under the 14th Amendment.

jingle rule See DUAL-PRIORITIES RULE.

jinitio (fi-nish-ee-oh). [Law Latin]. An ending; death.

jinium regundorum actio (fi-nee-am ri-gan-dor-am ak-shee-oh). [Latin "action for regulating boundaries"], Roman law. An action for settling a boundary dispute.

jirmaratio (far-ma-ray-shee-oh). [Law Latin], A tenant's right to the lands and tenements leased to him.

jirmitas (far-ma-tas). [Law Latin]. An assurance of some privilege by deed or charter.

JJ abbr. 1. Judges. 2. Justices.

jlagrante delicto See IN FLAGRANTE DELICTO.

JNOV abbr. Judgment non obstante veredicto. See judgment notwithstanding the verdict under JUDGMENT.

job action A concerted, temporary action by employees (such as a sickout or work slowdown), intended to pressure management to concede to the employees demands without resorting to a strike. See STRIKE (1).

job security Protection of an employees job, often through a union contract.

jobber 1. One who buys from a manufacturer and sells to a retailer; a wholesaler or middleman. 2. A middleman in the exchange of securities among brokers. - Also termed stockjobber; stock-jobber. 3. One who works by the job; a contractor. - job, vb.

jobbers agreement See HAZANTOWN AGREEMENT.

jobbery The practice or act of perverting a public service in a way that serves private ends; unfair means to serve private interests.

job-targeting program An initiative by a labor union to maintain or improve its share of the labor in a particular market by financing or backing contractors who bid on targeted projects. Also termed market-recovery program.

jocus partitus (joh-kas pahr-ti-tas). [Law Latin "divided game"]. A gambling arrangement made by the parties on a lawsuits outcome.

John Doe A fictitious name used in a legal proceeding to designate a person whose identity is unknown, to protect a persons known identity, or to indicate that a true defendant does not exist. In England, "William Styles" was also used. Cf. JANE DOE; RICHARD ROE. "Sheriffs in time growing remiss in their duty, allowed of any persons as pledges, sometimes returning the names of fictitious persons as pledges, at others, neglecting to require or return any at all. ... And the legislature, to supply the want of real persons as pledges, and recompense the defendant where he has been unjustly or vexatiously sued, has by various statutes, either given him the costs he has incurred in making his defence; or else deprived the plaintiff of recovering those costs he is entitled to by law, in cases of obtaining a verdict, by leaving it to the judge at the trial to certify on the record, that he had little or no cause of action. Since these statutes for allowing the defendant his costs, where the plaintiff fails, or is nonsuited, the writ to the coroner to affeer the pledges has fallen into disuse, and two good-natured personages, john Doe and Richard Roe, from their universal acquaintance and peculiar longevity, have become the ready and common pledges of every suitor." 1 George Crompton, Rules and Cases of Practice in the Courts of Kings Bench and Common Pleas xlvii (3d ed, 1787). The fictitious names john Doe and Richard Roe regularly appeared in actions of ejectment ... at common law. Doe was the nominal plaintiff, who by a fiction was said to have entered land under a valid lease; Roe was said to have ejected Doe, and the lawsuit took the title Doe v. Roe. These fictional allegations disappeared upon the enactment of the Common Law Procedure Act of 1852 ....Beyond actions of ejectment, and esp.

John Doe defendant An anonymous defendant labeled "John Doe" because the plaintiff does not, at the time of filing suit, know the person's name. John Doe defendants are common in several situations, such as police-brutality lawsuits in which the plaintiff does not know the names of the officers allegedly at fault, and in some copyright-infringement lawsuits where defendants are identified only by Internet addresses. See JOHN DOE.

John Doe defendant See DEFENDANT.

John Doe summons See SUMMONS.

John Doe summons 1. A summons to a person whose name is unknown at the time of service. 2. A summons from the Internal Revenue Service to a third party to provide information on an unnamed, unknown taxpayer with potential tax liability. Also termed third-party record-custodian summons.

John Doe warrant See WARRANT (1).

John-a-Nokes A fictitious name for an unknown party to a legal proceeding, esp. the first party. The name is short for "John who dwells at the oak." Abbr. J.N. Also spelled John-a-Noakes.

John-a-Stiles A fictitious name for an unknown party to a legal proceeding, esp. the second party. The name is short for "John who dwells at the stile." Abbr. J.S. - Also spelled John-a-Styles.

joinder The uniting of parties or claims in a single lawsuit. Cf. CONSOLIDATION (3). - join, vb.

joinder in demurrer Common-law pleading. A set in a legal issue; esp., the plaintiffs acceptance of the defendants issue of Iaw.

joinder in issue See joinder of issue.

joinder in pleading Common-law pleading. One partys acceptance of the opposing partys proposed issue and mode of trial.

joinder of error A written denial of the errors alleged in an assignment of errors in a criminal case.

joinder of issue 1. The submission of an issue jointly for decision. 2. The acceptance or adoption of disputed point as the basis of argument in a controversy. Also termed joinder in issue; similiter. 3. The taking up of the opposite side of a case, or of the contrary view on a question.

joinder of offenses The charging of an accused with two or more crimes as multiple counts in a single indictment or information. Unless later severed, joined offenses are tried together at a single trial. Fed, R. Crim, P. 8(a).

joinder of remedies The joinder of alternative claims, such as breach of contract and quantum meruit, or of one claim with another prospective claim, such as a creditors claim against a debtor to recover on a loan and the creditors claim against a third party to set aside the transfer of the loans collateral.

joint 1. (Of a thing) common to or shared by two or more persons or entities <joint bank account>. 2. (Of a person or entity) combined, united, or sharing with another <joint heirs>.

joint account A bank or brokerage account opened by two or more people, by which each party has a present right to withdraw all funds in the account and, upon the death of one party, the survivors become the owners of the account, with no right of the deceased party's heirs or devisees to share in it.Typically, the account-holders are deSignated as "joint tenants with right of survivorship" or "jointand-survivor account-holders." In some jurisdictions, they must be so deSignated to establish a right ofsurvivorship. Abbr. JA. - Also termed joint-and-survivorship account.

joint account See ACCOUNT.

joint action See ACTION (4).

joint action 1. An action brought by two or more plaintiffs. 2. An action brought against two or more defendants.

joint activity See JOINT PARTICIPATION.

joint administration The management of two or more bankruptcy estates, usu. involVing related debtors, under one docket for purposes of handling various administrative matters, including notices to creditors, to conclude the cases more efficiently. A bankruptcy court can order a joint administration when there are two or more cases pending involving a husband and wife, a partnership and at least one partner, two or more business partners, or a business and an affiliate. The intent should be to increase the administrative efficiency of administering the two cases; the substantive rights of creditors should not ordinarily be affected. Fed. R. Bankr. P. 1015. Also termed procedural consolidation. See ADMINISTRATlON (3). Cf. substantive consolidation under CONSOLIDATION.

joint adoption See ADOPTION.

joint adoption An adoption in which the prospective parents apply as a couple and are approved or rejected as a couple, as opposed to filing separate and individual applications to adopt a child . Although the term most often applies to adoption by a married couple, it also applies to an adoption petition by two unmarried partners who are adopting a child.

joint adventure 1. See common adventure under ADVENTURE. 2. See JOINT VENTURE.

joint adventure 1.See common adventure. 2. See JOINT VENTURE.

joint and mutual will See WILL.

joint and reciprocal will See joint and mutual will under WILL.

joint and several adj. (Of liability, responsibility, etc.) apportionable at an adversarys discretion either among two or more parties or to only one or a few select members of the group; together and in separation. See JOINT; SEVERAL.

joint and several bond A bond in which the principal and interest are guaranteed by two or more obligors.

joint and several bond See BOND (3).

joint and several liability See LIABILITY.

joint and several note See NOTE (1).

joint annuity See ANNUITY.

joint annuity An annuity payable to two annuitants until one of them dies, at which time the annuity terminates for the survivor (unless the annuity also provides for survivorship rights). See survivorship annuity.

joint authors Two or more authors who collaborate in producing a copyrightable work, each author intending to merge his or her respective contributions into a single work, and each being able to exploit the work as desired while remaining accountable for a pro rata share of the profits to the coauthor or coauthors.