News Updates
Law Dictionary
Search:

jurisdiction of the person

See personal jurisdiction under JURISDICTION.

jurisdiction of the person

See personal jurisdiction.

jurisdiction of the subject matter

See subject-matter jurisdiction under JURISDICTION.

jurisdiction over the action

See subject-matter jurisdiction under JURISDICTION.

jurisdiction over the person

See personal jurisdiction under JURISDICTION.

jurisdiction over the person

See personal jurisdiction.

jurisdiction quasi in rem

See quasi-In-rem jurisdiction.

jurisdiction quasi in rem

See quasi-in-rem jurisdiction under JURISDICTION.

jurisdiction ratione materiae

See subject-matter jurisdiction under JURISDICTION.

jurisdiction ratione materiae

See subject-matter jurisdiction.

jurisdiction ratione personae

See personal jurisdiction.

jurisdiction ratione personae

See personal jurisdiction under JURISDICTION.

jurisdiction ratione temporis

See temporal jurisdiction under JURISDICTION.

jurisdiction ratione temporis

See temporal jurisdiction.

jurisdictional amount

See AMOUNT IN CONTROVERSY.

jurisdictional discovery

See DISCOVERY.

jurisdictional discovery

Discovery that is limited to finding facts relevant to whether the court has jurisdiction. A court may allow limited jurisdictional discovery before it rules on a motion to dismiss for lack of jurisdiction.

jurisdictional fact

(usu. pl.), A fact that must exist for a court to properly exercise its jurisdiction over a case, party, or thing. See JURISDICTIONAL-FACT DOCTRINE.

jurisdictional fact

See FACT.

jurisdictional gerrymandering

See GERRYMANDERING (2).

jurisdictional limits

The geographic boundaries or the constitutional or statutory limits within which a court"s authority may be exercised.

jurisdictional plea

A plea asserting that the court lacks jurisdiction either over the defendant or over the subject matter of the case. Also termed plea to the jurisdiction.

jurisdictional plea

See PLEA (3).

jurisdictional statement

See JURISDICTION CLAUSE (1).

jurisdictional strike

A strike resulting from a dispute between members of different unions over work assignments.

jurisdictional strike

See STRIKE.

jurisdictional-fact doctrine

Administrative law. The principle that if evidence is presented challenging the factual findings that triggered an agency"s action, then a court will review the facts to determine whether the agency had authority to act in the first place. This doctrine is generally no longer applied. Cf. CONSTITUTIONAL-FACT DOCTRINE.

jurisinceptor

(joor-is-in-sep-tar). [Latin]. A student of the civil law.

jurisperitus

(joor-is-pa-ri-tas). adj. [Latin]. (Of a person) skilled or learned in law. See LEGISPERITUS.

jurisprude

(joor-is-prood). 1. A person who makes a pretentious display of legal knowledge or who is overzealous about the importance of legal doctrine. 2. JURISPRUDENT.

jurisprudence

(joor-is-prood-ants). 1. Originally (in the 18th century), the study of the first principles of the law of nature, the civil law, and the law of nations. Also termed jurisprudentia naturalis (joor-is-proo-den-shee-a-nach-a-ray-lis). 2. More modernly, the study of the general or fundamental elements of a particular legal system, as opposed to its practical and concrete details. 3. The study of legal systems in general. 4. Judicial precedents considered collectively. 5. In German literature, the whole of legal knowledge. 6. A system, body, or division of law. 7. CASELAW. "Jurisprudence addresses the questions about law that an intelligent layperson of speculative bent not a lawyer might think particularly interesting. What is law? ...Where does law come from? ... Is law an autonomous discipline? ... What is the purpose of law? . , . Is law a science, a humanity, or neither? ... A practicing lawyer or ajudge is apt to think questions of this sort at best irrelevant to what he does, at worst naive, impractical, even childlike (how high is up?)." Richard A. Posner, The Problems of Jurisprudence 1 (1990).

jurisprudence constante

(kan-stan-tee). Civil law. The doctrine that a court should give great weight to a rule oflaw that is accepted and applied in a long line of cases, and should not overrule or modify its own decisions unless clear error is shown and injustice will arise from continuation of a particular rule of law. Civil-law courts are not bound by the common-law doctrine of stare decisis. But they do recognize the doctrine ofjurisprudence constante, which is similar to stare decisis, one exception being that jurisprudence constante does not command strict adherence to a legal principle applied on one occasion in the past. Cf. STARE DECISIS.

jurisprudence of conceptions

The extension of a maxim or definition, usu. to a logical extreme, with relentless disregard for the consequences. The phrase appears to have been invented by Roscoe Pound. See Mechanical Jurisprudence, 8 Colum. L. Rev. 605, 608 (1908).

jurisprudent

A person learned in the law; a specialist in jurisprudence. Also termed jurisprude.

jurisprudentia generalis

See general jurisprudence (1) under JURISPRUDENCE.

jurisprudentia naturalis

See JURISPRUDENCE (1).

jurisprudentia universalis

See general jurisprudence (2) under JURISPRUDENCE.

jurisprudential

(joor-is-proo-den-shal), adj. Of or relating to jurisprudence.

jurist

1. A person who has thorough knowledge of the law; esp., a judge or an eminent legal scholar. Also termed legist. 2. JURISPRUDENT.

juristic

1. Of or relating to a jurist <juristic literature>. 2. Of or relating to law <a corporation is a typical example of a juristic person>. Also termed juristical.

juristic act

See act in the law under ACT.

juristic act

See act in the law.

juristic person

See artificial person.

juristic person

See artificial person under PERSON (3).

juror

(joor-ar also joor-or). A person serving on a jury panel. Also formerly termed layperson.

juror misconduct

See MISCONDUCT.

jury

A group of persons selected according to law and given the power to decide questions offact and return a verdict in the case submitted to them. In certain contexts, jury embraces any factrier, including an arbitrator or a trial judge sitting in a nonjury proceeding. Also termed empaneled jury; impaneledjury.

jury box

The enclosed part of a courtroom where the jury sits. Also spelled jury-box.

jury challenge

See CHALLENGE (2).

jury chancellor

See presidingjuror under JUROR.

jury charge

1. JURY INSTRUCTION. 2. A set of jury instructions. - Often shortened to charge.

jury commissioner

An officer responsible for drawing and summoning the panels of potential jurors in a given county.

jury commissioner

See COMMISSIONER.

jury de medietate linguae

(dee mee-dee-a-tay-tee ling-gwee). [Latin "jury of halfness of language"]. A jury made up of half natives and half aliens, allowed when one of the parties is an alien.

jury direction

See JURY INSTRUCTION.

jury duty

1. The obligation to serve on a jury. 2. Actual service on a jury. Also termed jury service.

jury fee

See FEE (1).

jury fee

A fee, usu. a minimal one, that a party to a civil suit must pay the court clerk to be entitled to a jury trial.

jury instruction

(usu. pI.) A direction or guideline that a judge gives a jury concerning the law of the case. Often shortened to instruction. Also termed jury charge; charge; jury direction; direction.

jury list

A list of persons who may be summoned to serve as jurors.

jury nullification

A jury"s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury"s sense of justice, morality, or fairness. Cf. verdict contrary to law under VERDICT; rogue jury under JURY.

jury of indictment

See GRAND JURY.

jury of indictment

See GRAND JURY.

jury of inquest

See inquest jury.

jury of matrons

A jury of"discreet and lawful women" impaneled to try a question of pregnancy, as when a woman sentenced to death pleads, in stay of execution, that she is pregnant.

jury of the vicinage

(vis-a-nij). 1. At common law, a jury from the county where the crime occurred. 2. A jury from the county where the court is held. See VICINAGE.

jury panel

See VENIRE (1).

jury pardon

A rule that permits a jury to convict a defendant of a lesser offense than the offense charged if sufficient evidence exists to convict the defendant of either offense.

jury pool

See VENIRE (1).

jury process

1. The procedure by which jurors are summoned and their attendance is enforced. 2. The papers served on or mailed to potential jurors to compel their attendance.

jury question

1. An issue offact that a jury decides. See QUESTION OF FACT. 2. A special question that a court may ask a jury that will deliver a special verdict. See special interrogatory under INTERROGATORY.

jury sequestration

See SEQUESTRATION (8).

jury service

See JURY DUTY.

jury shuffle

A process for rearranging a venire whereby the cards with the veniremembers" names on them are shuffled so that the veniremembers will be seated in a different order. The prosecution and the defense may each request a jury shuffle once before voir dire begins. No reason for the request need be given. After voir dire begins, neither party may request a shuffle.

jury summation

See CLOSING ARGUMENT.

jury trial

See TRIAL.

jury waiver

See WAIVER (2).

jury wheel

A physical device or electronic system used for storing and randomly selecting names of potential jurors.

jury-fixing

The act or an instance of illegally procuring the cooperation of one or more jurors who actually influence the outcome of the trial. Also termed fiXing a jury. Cf. EMBRACERY; JURY-PACKING. jury-fixer, n.

juryman

See JUROR.

jury-packing

The act or an instance of contriving to have a jury composed of persons who are predisposed toward one side or the other. Also termed packing a jury. Cf. EMBRACERY; JURY-FIXING.

jury-tampering

See EMBRACERY.

jurywoman

Archaic. A female juror; esp., a member of a jury of matrons. See jury of matrons under JURY.

jus

(jas also joos or yoos). [Latin "law, right"]. 1. Law in the abstract. 2. A system of law. 3. A legal right, power, or principle. 4. Roman law. Man-made law. The term usu. refers to a right rather than a statute. - Abbr. J. Also spelled ius. Cf. FAS. PI. jura (joor-a-also-yoo-a). "Ius, when used in a general sense, answers to our word Law in its widest acceptation. It denotes, not one particular law nor collection of laws, but the entire body of principles, rules, and statutes, whether written or unwritten, by which the public and the private rights, the duties and the obligations of men, as members of a community, are defined, inculcated, protected and enforced." William Ramsay, A Manual of Roman Antiquities 285-86 (Rodolfo Lanciani ed., 15th ed. 1894).

jus devolutum

(jas dev-a-loo-tam). [Law Latin "a devolved right"]. Scots law. The right of the presbytery to appoint a minister to a vacant church if a patron failed to present a fit minister within six months of the vacancy. Cf. TANQUAM JURE DEVOLUTO.

jus liberorum

(jas lib-a-ror-am). [Latin "right of children"]. Roman law. A privilege conferred on a parent who has several children; esp., the immunity from compulsory guardianship (tutela) given to a woman with three or more children. Also termed jus trium liberorum.

jus abstinendi

(jas ab-sta-nen-di), n. [Law Latin "right of abstaining"] Roman & civil law. The right of an heir to renounce or decline an inheritance, as when it would require taking on debt.

jus abutendi

(jas ab-ya-ten-di). [Latin "right of abusing"]. Roman & civil law. The right to make full use of property, even to the extent of wasting or destroying it. Cf. IUS UTENDI.

jus accrescendi

(jas ak-ra-sen-di). [Latin "right of accretion"]. A right of accrual; esp., the right of survivorship that a joint tenant enjoys. See RIGHT OF SURVIVORSHIP. Cf. JUS NON DECRESCENDI.

jus actionis

(jas ak-shee-oh-nis). [Latin] Scots law. A right of action.

jus actus

(jas ak-tas). [Latin]. Roman law. A rural servitude giving a person the right of passage for a carriage or cattle. See ACTUS (3).

jus ad rem

(jas ad rem). [Law Latin "right to a thing"]. A right in specific property arising from another person"s duty and valid only against that person; an inchoate or incomplete right to a thing. Cf. JUS IN RE.

jus administrationes

(jas ad-mi-ni-stray-shee-oh-neez). [Latin]. Scots law. The outmoded right by which a husband had unfettered control of his wife"s heritable property.

jus aedilium

(jas ee-dil-ee-am). [Latin "law of the aediles"] Roman law. The body of law developed through the edicts of aediles. Also termed jus aedilicium (jas ee-di-lish-ee-am). See AEDILE; JUS HOKORARIUM.

Jus Aelianum

(jas ee-lee-ay-nam). [Latin]. Roman law. A manual of laws drawn up in the second century B.C. by the consul Sextus Aelius, consisting of three parts: (1) the laws of the Twelve Tables; (2) a commentary on them; and (3) the forms of procedure. See TWELVTABLES.

jus aequum

(jas ee-kwam). [Latin "law that is equal or fair"]. Roman law. Law characterized by equity, flexibility, and adaptation to the circumstances of a particular case. Cf. JUS STRICTUM.

jus aesneciae

(jas ees-neesh-ee-ee). [Latin]. The right of primogeniture. Also spelled esneciae.

jus agendi

(jas a-jen-di). [Latin]. Scots law. One"s power to take action to pursue one"s rights.

jus albanagii

(jas al-ba-nay-jee-i). [Law Latin "confiscating the goods of aliens"] See DROIT D"AUBAINE.

jus albinatus

(jas al-bi-nay-tas), n. [Law Latin "right of alien confiscation"]. See DROIT D"AUBAINE.

Page 235 of 376