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judicial officer See OFFICER (1).

judicial opinion See OPINION (1).

judicial order See ORDER (2).

Judicial Panel on Multidistrict Litigation A panel of federal judges responsible for transferring civil actions having common questions of fact from one district court to another to consolidate pretrial proceedings. The panel was created in 1968. The Chief Justice appoints its members. 28 USCA § 1407. - Abbr. JPML.

judicial power See JUDICIAL POWER.

judicial power 1. The authority vested in courts and judges to hear and decide cases and to make binding judgments on them; the power to construe and apply the law when controversies arise over what has been done or not done under it. Under federal law, this power is vested in the U.S. Supreme Court and in whatever inferior courts Congress establishes. The other two great powers of government are the legislative power and the executive power. 2. A power conferred on a public officer involving the exercise of judgment and discretion in deciding questions of right in specific cases affecting personal and proprietary interests. In this sense, the phrase is contrasted with ministerial power.

judicial privilege 1. See PRIVILEGE (1). 2. See litigation privilege under PRIVILEGE (1).

judicial privilege l. The privilege protecting any statement made in the course of and with reference to a judicial proceeding by any judge, juror, party, witness, or advocate. 2. See litigation privilege. Also termed courtroom privilege.

judicial proceeding Any court proceeding; any proceeding initiated to procure an order or decree, whether in law or in equity.

judicial proceeding See PROCEEDING.

judicial process See PROCESS.

judicial question A question that is proper for determination by the courts, as opposed to a moot question or one properly decided by the executive or legislative branch. Cf. POLITICAL QUESTION.

judicial question See JUDICIAL QUESTION.

judicial record See DOCKET (1).

judicial remedy See REMEDY.

judicial remedy A remedy granted by a court.

judicial restraint 1. A restraint imposed by a court, as by a restraining order, injunction, or judgment. 2. The principle that, when a court can resolve a case based on a particular issue, it should do so, without reaching unnecessary issues. 3. A philosophy of judicial decision-making whereby judges avoid indulging their personal beliefs about the public good and instead try merely to interpret the law as legislated and according to precedent. Also termed (in senses 2 & 3) judicial self-restraint. Cf. JUDICIAL ACTIVISM.

judicial review 1. A courts power to review the actions of other branches or levels of government; esp., the courts power to invalidate legislative and executive actions as being unconstitutional. 2. The constitutional doctrine providing for this power. 3. A courts review of a lower courts or an administrative bodys factual or legal findings.

judicial review See JUDICIAL REVIEW.

judicial robe See ROBE (1).

judicial sale See SALE.

judicial sale A sale conducted under the authority of a judgment or court order, such as an execution sale. Also termed sheriff s sale.

judicial self-restraint 1. See JUDICIAL RESTRAINT (2). 2. See JUDICIAL RESTRAINT (3).

judicial separation 1. See SEPARATION (1). 2. See SEPARATION (2). 3. See divorce a mensa et thoro under DIVORCE.

judicial sequestration The court-ordered deposit of the property at issue in a lawsuit. 2. The setting apart of a decedents personal property when no one has been willing to act as a personal representative for the estate. 3. The process by which a renounced interest is subjected to judicial management and is distributed as the testator would have wished if he or she had known about the renunciation. 4. A judicial writ commanding the sheriff or other officer to seize the goods of a person named in the writ. This writ is sometimes issued against a civil defendant who has defaulted or has acted in contempt of court. 5. The court-ordered seizure of a bankrupts estate for the benefit of creditors. 6. The seizure by a belligerent power of enemy assets. 7. The freezing of a government agencys funds; SEQUESTER (1). 8. Custodial isolation of a trial jury to prevent tampering and exposure to publicity, or of witnesses to prevent them from hearing the testimony of others. - Also termed (in sense 8) jury sequestration.

judicial sequestration See SEQUESTRATION.

judicial settlement The settlement of a civil case with the help of a judge who is not assigned to adjudicate the dispute. Parties sometimes find this procedure advantageous because it capitalizes on judicial experience in evaluating the settlement value of a claim.

judicial settlement See SETTLEMENT (2).

judicial stacking See STACKING.

judicial stacking The principle that a court can construe insurance policies to permit stacking, under certain circumstances, when the policies do not specifically allow stacking but public policy is best served by permitting it.

judicial trustee See TRUSTEE (1).

judicial writ See WRIT.

judicial-authority justification See JUSTIFICATION.

judicial-authority justification A justification defense available when an actor has engaged in conduct constituting an offense in order to comply with a court order.

judicial-bypass provision 1. A statutory provision that allows a court to assume a parental role when the parent or guardian cannot or will not act on behalf of a minor or an incompetent. 2. A statutory provision that allows a minor to circumvent the necessity of obtaining parental consent by obtaining judicial consent.

judicial-economy exception An exemption from the final-judgment rule, by which a party may seek immediate appellate review of a nonfinal order if doing so might establish a final or nearly final disposition of the entire suit. See FINAL-JUDGMENT RULE.

judicialize 1. To pattern (procedures, etc.) after a court of law <these administrative hearings have been judicialized>. 2. To bring (something not traditionally within the judicial system) into the judicial system <political questions are gradually becoming judicialized>. judicialization, n.

judicially created double patenting Attempting to patent an invention that is an obvious variation of another invention by the same inventor when the first invention has already been patented or has a pending application. Double patenting is grounds for rejecting a patent application, limiting the term of a patent through a terminal disclaimer, or invalidat ing a patent. In re Longi, 225 U.S.P.Q. 645 (Fed. Cir. 1985). A double-patenting challenge can be overcome by filing a terminal disclaimer. 37 CFR 1.321. - Also termed obviousness-type double patenting.

judicially created double patenting See DOUBLE PATENTING.

judicially created double-patenting rejection See REJECTION.

judicially noticed fact See FACT.

judicially noticed fact A fact that is not established by admissible evidence but may be accepted by the court because the fact is generally known within the trial court's territorial jurisdiction, or because its validity can be determined from sources whose accuracy cannot be reasonably questioned. See Fed. R. Evid. 20l(b). Also termed judicial fact. See JUDICIAL NOTICE.

judicially-created-double-patenting rejection. Rejection of a patent application on the ground that the invention is an obvious variation of another patented invention by the same inventor. Also termed obViousness-type double-patenting rejection.

judicial-proceedings privilege See litigation privilege.

judicial-proceedings privilege See litigation privilege under PRIVILEGE (1).

judicial-tenure commission A commission that reviews complaints against judges, investigates those complaints, and makes recommendations about appropriate measures to the highest court in the jurisdiction.

judiciary (joo-dish-ee-er-ee or joo-dish-a-ree). 1. The branch of government responsible for interpreting the laws and administering justice. Cf. EXECUTIVE (1); LEGISLATURE. 2. A system of courts. 3. A body of judges. - Also termed (in sense 3) judicature. - judiciary, adj.

judicio de amparo See AMPARO.

judicio sisti (joo-dish-ee-oh sis-ti). [Latin "to be present in court"]. 1. Roman law. Appearance in court. 2. Roman law. Security for appearance in court; VADIMONIUM. 3. A type of caution requiring a claimant or the principal debtor to appear in court whenever the opponent demanded it. This type of caution was used in some criminal cases and in cases involving defendants who were foreigners or posed a flight risk. See CAUTION.

judicious (joo-dish-as). adj. Well-considered; discreet; wisely circumspect <the courts judicious application of the rules of evidence>. Cf. JUDICIAL. judiciousness, n.

judicium (joo-dish-ee-am). [Latin]. 1. A judgment. 2. A judicial proceeding; a trial. 3. A court or tribunal. In the plural judicia refers to criminal courts. PI. judicia.

judicium Dei (joo-dish-ee-am dee-i). Gods supposed judgment on the merits of the case, made manifest by the outcome of an observable event. Examples dating from Norman times were the trial by combat and the ordeal. See ORDEAL; TRIAL BY COMBAT.

judicium capitale (kap-i-tay-lee). [Latin]. A judgment of death; a capital sentence.

judicium ecclesiasticum See FORUM ECCLESIASTICUM.

judicium parium See JUDICIUM.

judicium parium (par-ee-am). [Latin]. A judgment of ones peers; a jury trial or verdict.

judicium publica See JUDICIUM.

judicium publicum (pab-li-kam). [Latin "public trial"] A criminal proceeding under a public statute. The term derived from the Roman rule allowing any member of the public to initiate a prosecution. See COMITIA. "Judicium publicum may have originally meant trial by or before the actual popular assembly, though it is doubtful whether the phrase existed at all before the people had come to be replaced by quaestores. There is much to be said, in spite of Justinians explanation [lnst. 4.18.1], for the view that these criminal trials were called public as being of public interest: because, to use Blackstones words, their subject-matter affects the whole community." 2 E.C. Clark, History of Roman Private Law § 10, at 441 (1914).

judicum rejectio (joo-di-kam ri-jek-shee-oh). [Latin]. A litigants right to exercise peremptory challenges against a judge or a certain number of jurors.

judicum sortitio (joo-di-kam sor-tish-ee-oh). [Latin]. The practice ofchoosing jurors by drawing from an urn the names of eligible participants. The English word sortition (meaning "the drawing or casting of lots") derives from the Latin sortitio.

judicum subsortitio (joo-di-kam sab-sor-tish-ee-oh). [Latin]. The practice of choosing supplemental jurors (when necessary after peremptory challenges have been exercised) by draWing from an urn the names of eligible participants.

juge (zhoozh), n. [French]. French law. A judge.

juge d instruction (zhoozh dan-strook-syawn). A magistrate who conducts preliminary criminal proceedings, as by taking complaints, interrogating parties and witnesses, and formulating charges.

juge de paix (zhoozh da pe or pay). An inferior judge; esp., a police magistrate.

juicio (hwee-syoh). Spanish law. 1. A trial or suit; litigation. 2. Wisdom; prudence. 3. The capacity to distinguish right from wrong and truth from falsehood.

juise (juu-iz). 1. A judgment, sentence, or penalty. 2. By extension, the instrument of punishment, esp. a gibbet.

Julian calendar See OLD STYLE.

julian calendar See OLD STYLE.2. A court's list of civil or criminal cases. See DOCKET (2).

jumbo certificate A certificate of deposit of $100,000 or more. Also termed jumbo.

jumbo mortgage See MORTGAGE.

jump bail vb. (Of an accused) to fail to appear in court at the appointed time after promising to appear and posting a bail bond. Also termed skip bail. See BAIL-JUMPING.

jump citation See pinpoint citation under CITATION (3).

jumping a claim The act of taking possession of public land to which another has previously acquired a claim. The first occupant has the right to the land both under squatter law and custom and under preemption laws of the United States.

Junian Latin See LATINI JUNIANI.

junior adj. Lower in rank or standing; subordinate <a junior interest>.

junior bond A bond subordinate in priority to another bond.

junior bond See BOND (3).

junior counsel 1.The younger or lower-ranking of two or more attorneys employed on the same side of a case, esp. someone charged with the less important aspects of the case. 2. English law. The barrister who assists Queen's Counsel.

junior counsel See COUNSEL.

junior creditor A creditor whose claim accrued after that of another creditor; a creditor who holds a debt that is subordinate to another's.

junior creditor See CREDITOR.

junior debt See subordinate debt.

junior debt See subordinate debt under DEBT.

junior execution An execution that is subordinate to another execution issued from an earlier judgment against the same debtor.

junior execution See EXECUTION.

junior interest An interest that is subordinate to a senior interest.

junior interest See INTEREST (2).

junior jndgment See JUDGMENT.

junior judgment A judgment rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.

junior lien See LIEN.

junior mortgage See MORTGAGE.

junior partner A partner whose participation is limited with respect to both profits and management.

junior partner See PARTNER.

junior party In an interference proceeding, the party or parties who did not file the patent application first. A junior party has the burden of proving that he or she is the first inventor. Cf. SENIOR PARTY.

junior security See SECURITY.

junior security A security that is subordinate to a senior security. Junior securities have a lower priority in claims on assets and income.

junior user A person other than the first person to use a trademark. A junior user may be permitted to continue using a mark in areas where the senior users mark is not used, if the junior user did not know about the other user, and was the first user to register the mark. Also termed second user; latecomer. See INNOCENT JUNIOR USER. Cf. SENIOR USER.

junior writ See WRIT.

junk asset See troubled asset.

junk asset See troubled asset under ASSET.