Jones ActA federal statute that allows a seaman injured during the course of employment to recover damages for the injuries in a negligence action against the employer. If a seaman dies from such injuries, the seamans personal representative may maintain an action against the employer. 46 USCA app. § 688. |
Jones Act vesselSee VESSEL. |
jour(zhoor), n. [French] Day <jour en bane>. |
journal1. A book or record kept, usu. daily, as of the proceedings of a legislature or the events of a ships voyage. Also termed log; logbook. See MINUTES (2). 2. Accounting. In double-entry bookkeeping, a book in which original entries are recorded before being transferred to a ledger. 3. A periodical or magazine, esp. one published for a scholarly or professional group. - Abbr. J. |
journal entrySee ENTRY (2). |
journal entryAn entry in an accounting journal of equal debits and credits, with occasional explanations of the recorded transactions. 3. The placement of something before the court or on the record. 4. Copyright. The deposit of a title of work with the Register of Copyrights to secure its protection. 5. Immigration. Any entrance of an alien into the United States, whether voluntary or involuntary 6. Criminal law. The unlawful coming into a building to commit a crime. |
journal of notarial acts(noh-tair-ee-al). The notary publics sequential record of notarial transactions, usu. a bound book listing the date, time, and type of each official act, the type of instrument acknowledged or verified before the notary, the signature of each person whose signature is notarized, the type of information used to verify the identity of parties whose signatures are notarized, and the fee charged. This journal, required by law in many states, provides a record that mav be used as evidence in court. Also termed notrial record; notarial register; notary record book; sequential journal. |
journalist s privilege1. A reporter s protection, under constitutional or statutory law, from being compelled to testify about confidential infor¬ mation or sources. Also termed reporter s privilege; newsman privilege. See SHIELD LAW (1). 2. A publisher s protection against defamation lawsuits when the publication makes fair comment on the actions of public officials in matters of public concern. Also termed editorial privilege; commoninterest privilege; common-interest exception. See FAIR COMMENT. |
journalists privilegeSee PRIVILEGE (3). |
journeys accountsThe number of days (usu. 15) after the abatement of a writ within which a new writ could be obtained. This number was based on how many days it took for the plaintiff to travel (or journey) to the court. |
joyridingThe illegal driving ofsomeone elses automobile without permission, but with no intent to deprive the owner of it permanently. Under the Model Penal Code, the offenders reasonable belief that the owner would have consented is an affirmative defense. See Model Penal Code § 223.9. - Also termed unauthorized use of a vehicle. - joyride, vb. joyrider, n. "When the automobile began to appear and was limited to the possession of a few of the more fortunate members of the community, many persons who ordinarily respected the property rights of others, yielded to the temptation to drive one of these new contrivances without the consent of the owner. This became so common that the term joyrider was coined to refer to the person who indulged in such unpermitted use of anothers car. For the most part it was a relatively harmless type of trespass ...." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 333 (3d ed. 1982). |
JPMLabbr. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. |
JPOabbr. Japanese Patent Office. |
JSCabbr. Justice of Supreme Court. |
jubere(juu-beer-ee), vb. [Latin]. 1. To order, direct, or command. 2. To assure or promise. |
judex(joo-deks), n. [Latin] 1. A private person appointed by a praetor or other magistrate to hear and decide a case. The Roman judex was originally drawn from a panel of qualified persons of standing but was later himself a magistrate. 2. Roman & civil law. A judge. 3. A juror. - Also spelled iudex. PI. judices (joo-di-seez). |
judex a quo(ay kwoh). A judge from whom an appeal is taken. |
judex ad quem(ad kwem). Civil law. A judge to whom an appeal is taken. |
judex datus(day-tas). Roman law. A judex assigned by a magistrate or provincial governor to try a case under cognitio extraordinaria. See COGNITIO EXTRAORDINARIA. |
judex delegatus(del-a-gay-tas). Roman & civil law. A delegated judge under cognitio extraordinaria; a special judge. See COGNITlO EXTRAORDINARIA. |
judex fiscalis(fis-kay-lis). Roman law. A judex having jurisdiction of matters relating to the fiscus. See FISCUS (1). |
judex ordinarius(or-da-nair-ee-as). A judge having jurisdiction in his own right rather than by delegated authority. The judge was typically a provincial governor. |
judex pedaneus(pa-day-nee-as). A judex to whom petty cases are delegated; an inferior or deputy judge under cognitio extraordinaria. Also termed judex specialis. |
judex quaestionis(kwes-chee-oh-nis or kwes-tee-). Roman law. The chairman of the jury in a criminal case, either a praetor or a magistrate of lower rank. |
judex selectus(sa-lek-tas). A judge selected to hear the facts in a criminal case. |
judex specialis(spesh-ee-ay-lis). Roman law. See judex pedaneus. |
judgeA public official appointed or elected to hear and decide legal matters in court. The term is sometimes held to include all officers appointed to decide litigated questions, including a justice of the peace and even jurors (who are judges of the facts). But in ordinary legal usage, the term is limited to the sense of an officer who (1) is so named in his or her commission, and (2) presides in a court. Judge is often used interchangeably with court. See COURT (2). - Abbr. J. (and, in plural, JJ. |
judge advocate1. An officer of a court-martial who acts as a prosecutor. 2. A legal adviser on a military commanders staff. 3. Any officer in the Judge Advocate Generals Corps or in a department of a U.S. military branch. - Abbr. JA. |
Judge Advocate GeneralThe senior legal officer and chieflegal adviser of the Army, Navy, or Air Force. - Abbr. JAG. |
judge de factoSee de facto judge. |
judge delegateA judge who acts under delegated authority. |
Judge LynchSee LYNCH LAW. |
judge of probateSee probate judge. |
judge ordinaryThe judge of the English Court for Divorce and Matrimonial Causes from 1857-1975. |
judge pro tempore(proh tem-pa-ree). See visiting judge. |
judge trialSee bench trial under TRIAL. |
judge-made law1. The law established by judicial precedent rather than by statute. See COMMON LAW. 2. The law that results when judges construe statutes contrary to legislative intent. Also termed (in sense 2) judicial legislation; bench legislation; judicial law. See JUDICIAL ACTIVISM. |
judgementSee JUDGMENT. |
judges chamberSee CHAMBER. |
judge's chamber1. The private room or office ofa judge. 2. Any place where a judge transacts official business when not holding a session of the court. See IN CAMERA. |
judgeship1. The office or authority of a judge. 2. The period of a judges incumbency. |
judge-shoppingThe practice of filing several lawsuits asserting the same claims in a court or a district with multiple judges with the hope of having one of the lawsuits assigned to a favorable judge and of non suiting or voluntarily dismissing the others. Cf. FORUM-SHOPPING. |
judgment1. A courts final determination of the rights and obligations of the parties in a case. The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. Also spelled (esp. in BrE) judgement. - Abbr. 1. Also termed (historically) judgment ex cathedra. Cf. RULING (1); OPINION (1). 2. An opinion delivered by a member of the appellate committee of the House of Lords; a Law Lords judicial opinion. Also termed (in sense 2) speech. "An action is instituted for the enforcement of a right or the redress of an injury. Hence ajudgment, as the culmination of the action declares the existence of the right, recognizes the commission of the injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty. nor any invasion of it without a corresponding obligation to make amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests upon the person against whom the aid of the law is invoked." 1 Henry Campbell Black, A Treatise on the Law ofJudgments § 1, at 2 (2d ed. 1902). |
judgment notwithstanding the verdictA judgment entered for one party even though a jury verdict has been rendered for the opposing party. Also termed judgment non obstante veredicto (non ahb-stan-tee ver-a-dik-toh). Abbr. JNOV; judgment N.O.V. See judgment as a matter of law. |
judgment as a matter of lawA judgment rendered during a jury trial either before or after the jurys verdict against a party on a given issue when there is no legally sufficient basis for a jury to find for that party on that issue. In federal practice, the term judgment as a matter of law has replaced both the directed verdict and the judgment notwithstanding the verdict. Fed. R. Civ. P. 50. Cf. SUMMARY JUDGMENT. |
judgment bookSee judgment docket under DOCKET (1). |
judgment by comparisonAllowance of a patent claim because a similar claim has been allowed before. There is no stare decisis doctrine in patent prosecutions, but examiners may consider allowance of similar claims as a decision-making aid. |
judgment by confessionSee CONFESSION OF JUDGMENT. |
judgment by consentSee agreed judgment. |
judgment by defaultSee DEFAULT JUDGMENT. |
judgment by nil dicitSee nil-dicit default judgment under DEFAULT JUDGMENT. |
judgment by non sum informatusSee NON SUM INFORMATUS. |
judgment creditorSee JUDGMENT CREDITOR. |
judgment creditorA person haVing a legal right to enforce execution of a judgment for a specific sum of money. |
judgment debtA debt that is evidenced by a legal judgment or brought about by a successful lawsuit against the debtor. |
judgment debtSee DEBT. |
judgment debtorSee JUDGMENT DEBTOR. |
judgment debtorA person against whom a money judgment has been entered but not yet satisfied. |
judgment docketA book that a court clerk keeps for the entry or recordation of judgments, giving official notice ofexisting judgment liens to interested parties. Also termed judgment book; judgment file; judgment record; judgment roll. 2. A schedule of pending cases <the case is third on Monday's trial docket>. Also termed court calendar; cause list; trial calendar. |
judgment docketSee DOCKET (1). |
judgment ex cathedra1. See EX CATHEDRA. 2. See JUDGMENT (1). |
judgment execution1. See EXECUTION (3). 2. See EXECUTION (4). |
judgment fileSee judgment docket under DOCKET (1). |
judgment homologating the tableau(ha-mahl-a-gay-ting / ta-bloh or tab-loh). A judgment approving a plan for distributing property of a decedents estate. The distribution plan is known as the tableau of distribution. La. Code Civ. Proc. art. 3307. See HOMOLOGATIOR |
judgment in errorSee erroneous judgment. |
judgment in personamSee personal judgment. |
judgment in rem(in rem). A judgment that determines the status or condition of property and that operates directly on the property itself. The phrase denotes a judgment that affects not only interests in a thing but also all persons interest in the thing. Also termed in rem judgment. |
judgment in retraxitSee judgment of retraxit. |
judgment inter partesSee personal judgment. |
judgment lienSee LIEN. |
judgment N.O.VSee judgment notwithstanding the verdict under JUDGMENT. |
judgment nil capiat per billa(nil kap-ee-at par bil-a). Judgment that the plaintiff take nothing by the bill; a take-nothing judgment in a case instituted by a bill. |
judgment nil capiat per breve(nil kap-ee-at par breev or bree-vee). Judgment that the plaintiff take nothing by the writ; a take-nothing judgment in a case instituted by a writ. |
judgment nisi(ni-si). A provisional judgment that, while not final or absolute, may become final on a partys motion. See NISI. |
judgment non obstante veredictoSee judgment notwithstanding the verdict under JUDGMENT. |
judgment note1. A nonnegotiable promissory note, illegal in most states, containing a power of attorney to appear and confess judgment for a specified sum. 2. COGNOVIT NOTE. |
judgment nunc pro tuncA judgment entered on a day after the time when it should have been entered, as of the earlier date. Also termed decree nunc pro tunc. See NUNC PRO TUNC. |
judgment of acquittalA judgment, rendered on the defendants motion or courts own motion, that acquits the defendant of the offense charged when the evidence is insufficient. Fed. R. Crim. P. 29. See directed verdict under VERDICT. |
judgment of bloodSee death sentence under SEN-TENCE. |
judgment of bloodSee death sentence under SENTENCE. |
judgment of cassetur billaSee CASSETUR BILLA. |
judgment of cassetur billaSee CASSETUR BILLA. |
judgment of cassetur breveSee CASSETUR BREVE. |
judgment of cassetur breveSee CASSETUR BREVE. |
judgment of conviction1. The written record of a criminal judgment, consisting of the plea, the verdict or findings, the adjudication, and the sentence. Fed. R. Crim. P. 32(d)(I). 2. A sentence in a criminal case. See SENTENCE. |
judgment of discontinuance1. A judgment dismissing a plaintiffs action based on interruption in the proceedings occasioned by the plaintiffs failure to continue the suit at the appointed time or times. 2. NONSUIT (1). Often shortened to discontinuance. See DISCONTINUANCE. |
judgment of dismissalA final determination of a case (against the plaintiff in a civil action or the government in a criminal action) without a trial on its merits. See DISMISSAL. |
judgment of nolle prosequi(nahl-ee prahs-a-kwi). A judgment entered against a plaintiff who, after appearance but before judgment on the merits, has decided to abandon prosecution of the lawsuit. See NOLLE PROSEQUI. |
judgment of nonsuit1. The judgment given against a plaintiff who fails to be present in court to hear the jury render its verdict or who, after issue is joined, fails to bring the issue to be tried in due time. This judgment does not prevent the plaintiff from filing the same case again. 2. NONSUIT (2). |
judgment of repleaderSee REPLEADER. |
judgment of repleaderSee REPLEADER. |
judgment of retraxit(ri-trak-sit). A judgment against a plaintiff who has voluntarily retracted the claim. Such a judgment bars the plaintiff from relitigating the claim. Also termed judgment in retraxit. See RETRAXIT. |
judgment on the meritsA judgment based on the evidence rather than on technical or procedural grounds. - Also termed decision on the merits. |
judgment on the pleadingsA judgment based solely on the allegations and information contained in the pleadings, and not on any outside matters. Fed. R. Civ. P. 12(c). Cf. SUMMARY JUDGMENT. |
judgment on the verdictA judgment for the party receiving a favorable jury verdict. |
judgment quasi in rem(kway-si [or -zi] in rem). A judgment based on the courts jurisdiction over the defendants interest in property rather than on its jurisdiction over the defendant or the property. Such a judgment affects only particular persons interests in a thing that is, only the persons who are named or described in the proceeding. |
judgment quod billa cassetur(kwod bil-a ka-see-tar). Judgment that the bill be quashed. This is a judgment for the defendant. |
judgment quod breve cassetur(kwod breev or bree-vee ka-see-tar). Judgment that the writ be quashed. This is a judgment for the defendant. |
judgment quod computetSee QUOD COMPUTET. |
judgment quod computetSee QUOD COMPUTET. |