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jus angariae (jas ang-gair-ee-ee). [Latin "right of angary"] See AKGARY.

jus antiquum (jas an-ti-kwam). [Latin] Roman law. The old law. - Also termed jus vetus. Cf. JUS NOVUM. "In the later Empire (which dates from the fourth century) there were two groups of sources of law: first, the "jus vetus", or "jus" simply, i.e. the old traditional law, the development of which was completed in the classical period of Roman jurisprudence (in the course of the second and the beginning of the third century); secondly, the "leges" or "jus novum", i.e. the later law which had sprung from imperial legislation. These two classes of law, "jus" and "leges", mutually supplementing each other, constituted the whole body of law as it existed at the time, and, taken together, represented the result of the entire development of Roman law from the earliest times down to ... the epoch of the later Empire." Rudolph $ohm, The Institutes: A Textbook of the History and System of Roman Private Law 116-17 Uames Crawford Ledlie trans., 3d ed. 1907).

jus apparentiae (jas ap-a-ren-shee-ee). [Law Latin]. Scots law. lhe right of apparency. An heir who was open to a succession but not fully vested in title had the right of apparency, a right that allowed the heir to take certain actions on behalf of the estate, such as defending the ancestor"s title.

jus aquaeductus (jas ak-wa-dak-tas). [Latin] Roman & civil law. A servitude that gives a landowner the right to conduct water from another"s land through pipes or channels.

jus aquaehaustus (jas ak-wee haws-tas). [Latin]. Roman law. See AQUAEHAUSTUS.

jus aucupandi (jas awk-yuu-pan-di). [Latin] Scots law. The right of catching birds; the right of fowling.

jus banci (jas ban-si), n. [Law Latin "right of bench"]. The right or privilege of having an elevated and separate seat of judgment, formerly allowed only to the king"s judges, who administered what was from then on called "high justice."

jus belli (jas bel-i). [Latin "law of war"]. The law of nations as applied during wartime, defining in particular the rights and duties of the belligerent powers and of neutral nations.

jus bellum dicendi (jas bel-am di-sen-di). [Latin] The right of proclaiming war.

jus canonicum (jas ka-non-i-kam). [Law Latin] See CANON LAW (1).

jus capiendi (jas kap-ee-en-di). [Latin "the right to take or receive"]. Roman law. The right of taking property under a will.

jus civile (jas si-vi-Iee). [Latin]. Roman law. The traditional law of the city of Rome, beginning with the Twelve Tables and developed by juristic interpretation. It covered areas oflaw restricted to Roman citizens, such as the formalities of making a will. Over time, the jus civile was modified by, for example, the jus honorarium (which modified the requisites for a valid will) and the jus sentium (which modified the stipulation). The original jus civile was eventually absorbed into a general Roman law. See CIVIL LAW (1); JUS QUIRITIUM.

jus civitatis (jas siv-i-tay-tas). [Latin] Roman law. The right of citizenship; the right of a Roman citizen.

jus cloacae (jas kloh-ay-see). [Latin "right of sewer or drain"]. An easement consisting in the right of having a sewer or conducting surface water over or through the land of one"s neighbor.

jus cogens (jas koh-jenz). [Latin "compelling law"]. 1. A mandatory or peremptory norm of general international law accepted and recognized by the international community as a norm from which no derogation is permitted. A peremptory norm can be modified only by a later norm that has the same character. Cf. JUS DISPOSITIVUM. 2. A mandatory rule of law that is not subject to the disposition of the parties, such as an absolute limitation on the legal capacity of minors below a certain age. Also termed (in sense 2) peremptory norm.

jus commercii (jas ka-mar-shee-i). [Latin "right of commerce"]. Roman & civil law. The right to make contracts, acquire and transfer property, and conduct business transactions.

jus commune (jas ka-myoo-nee). 1. Roman & civil law. The common or public law or right, as opposed to a law or right established for special purposes. Cf. JUS SINGULARE. 2. The common law of England. See COMMON LAW (3). 3. The shared law of much of continental Western Europe during the Middle Ages, consisting of a blend of canon law and rediscovered Roman law. "[J]us commune is a phrase well known to the canonists. They use it to disti nguish the general and ordinary law of the universal church both from any rules peculiar to this or that provincial church, and from those papal privilegia which are always giving rise to ecclesiastical litigation." 1 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward I 176 (2d ed. 1898).

jus compascuum (jas kam-pas-kyoo-am). [Latin "the right to feed together"]. The right of common pasture. Cf. COMMON (1).

jus connubii (jas ka-n[y]oo-bee-i). [Latin "right of marriage"]. See CONNUBIUM.

jus coronae (jas ka-roh-nee). [Latin "right of the Crown"]. The right of succession to the English throne.

jus crediti (jas kred-i-ti). [Latin "the right of credit"]. Roman & Scots law. A creditor"s right to a debt; a creditor"s right to recover a debt through legal process. Cf. JUS EXIGENDI. "[T]he term is frequently used in contradistinction to a mere spes, or defeasible expectancy. This jus crediti is often of great importance; for although a person may not be entitled to be put in immediate possession of a subject, yet the obligation to deliver it to him at some future time creates in him a vested right, which forms part of his estate." William Bell, Bell"s Dictionary and Digest of the Law of Scotland 620 (George Watson ed., 7th ed. 1890).

jus cudendae monetae (jas kyoo-den-dee ma-nee-tee). [Law Latin]. The right of coining money.

jus curialitatis (jas kyoor-ee-al-a-tay-tis), n. [Law Latin]. The right of curtesy.

jus dare (jas dair-ee), vb. [Latin] To give or make the law. This is the function and prerogative of the legislature. Cf. JUS DICERE.

jus de non appellando (jas dee non ap-a-lan-doh). [Latin]. The supreme judicial power.

jus delatum (jas di-lay-tam). [Law Latin]. Scots law. A transferred right.

jus deliberandi (jas di-lib-a-ran-di). [Latin "right of deliberating"]. Roman & civil law. A right granted to an heir to take time to consider whether to accept or reject an inheritance. Cf. tempus deliberandi under TEMPUS.

jus dicere (jas di-sar-ee), vb. [Latin]. To declare or decide the law. This is the function and prerogative of the judiciary. Cf. JUS DARE.

jus disponendi (jas dis-pa-nen-di). [Latin "right of disposing"]. The right to dispose of property; the power of alienation.

jus dispositivum (jas dis-poz-a-ti-vam). [Latin "law subject to the disposition of the parties"]. A norm that is created by the consent of participating nations, as by an international agreement, and is binding only on the nations that agree to be bound by it. Cf. JUS COGENS (1).

jus distrahendi (jas dis-tra-hen-di), n. [Latin "right of distraining"]. The right to sell pledged goods upon default.

jus dividendi (jas div-i-den-di). [Latin "right of dividing"]. The right to dispose of real property by will.

jus divinum (jas di-vi-nam). 1. See DIVINE LAW. 2. See NATURAL LAW.

jus domino proximum (jas dom-a-noh prok-sa-mam). [Law Latin] Scots law. A right nearly equal to that of absolute property; a feuholder"s right. See FEU. "Jus domino proximum....Such a right is enjoyed by one who holds lands in feu, for he is entitled to sell the subjects, or alter or use them in any way he thinks proper. And yet the property is not absolutely his that is, he does not hold the property so absolutely as did the superior from whom he acquired, because the land is burdened with the feu-duty payable to the superior, and to this extent the absolute right of property is restricted. Similar to the right of a feuar under our law, was that of the emphyteuta under the civil law." John Trayner, Trayner"s Latin Maxims 304-05 (4th ed. 1894).

jus duplicatum (jas d[y]oo-pli-kay-tam). See DROITDROIT.

jus ecclesiasticum (jas e-klee-z[h]ee-as-ti-am). [Law Latin]. See ECCLESIASTICAL LAW.

jus edicendi (jas ed-i-sen-di or ee-di-). [Latin "right of decreeing"]. Roman law. The right (esp. of the praetors). to issue edicts. See JUS PRAETORIUM.

jus et norma loquendi (jas et nor-ma loh-kwen-di). [Latin "the law and rule of speech"] Idiomatic language, including speech and pronunciation, as established by the custom of a particular nation.

jus ex non scripto (jas eks non skrip-toh). See unwritten law under LAW.

jus exigendi (jas ek-si-jen-di). [Latin] Scots law. A creditor"s right to enforce immediate payment of a debt. Cf. JUS CREDITI. "For example, where a testator directs his testamentary trustees to pay a certain which he has unconditionally bequeathed to the six months after his (the testator"s) death. the legacy vests on the death of the testator, and the legatee acquires then the jus crediti, but he cannot enforce payment of the legacy until after the expiry of the six months; he acquires the jus exigendiwhen the debt has become prestable." John Trayner, Trayner"s Latin Maxims 305 (4th ed. 1894).

jus exigendi (jas ek-si-jen-di). [Latin] Scots law. A creditor"s right to enforce immediate payment of a debt. Cf. JUS CREDITI. "For example, where a testator directs his testamentary trustees to pay a certain which he has unconditionally bequeathed to the six months after his (the testator"s) death. the legacy vests on the death of the testator, and the legatee acquires then the jus crediti, but he cannot enforce payment of the legacy until after the expiry of the six months; he acquires the jus exigendiwhen the debt has become prestable." John Trayner, Trayner"s Latin Maxims 305 (4th ed. 1894).

jus fetiale (jas fee-shee-ay-lee), n. [Latin]. 1. FETIAL LAW. 2. The law of negotiation and diplomacy. This phrase captured the classical notion of international law. Also spelled jus feciale.

jus fiduciarium (jas fi-d[y]oo-shee-air-am). [Latin]. Civil law. A right in trust. Cf. JUS LEGITIMUM.

jus fluminum (jas floo-ma-nam). [Latin]. Civil law. The right to use rivers.

jus fodiendi (jas foh-dee-en-di), n. [Latin]. Civil law. The right to dig on another"s land.

jus fruendi (jas froo-en-di), n. [l.atin "right of enjoying"]. Roman & civil law. The right to use and enjoy another"s property without damaging or diminishing it. See USUFRUCT.

jus futurum (jas fyoo-t[y]oor-am). [Latin "future right"]. Civil law. A right that has not fully vested; an inchoate or expectant right.

jus gentium (jas jen-shee-am). [Latin "law of nations"]. 1. INTERNATIONAL LAW. 2. Roman law. The body of law, taken to be common to all civilized peoples, and applied in dealing with the relations between Roman citizens and foreigners. Also termed jus inter gentes. "The early Roman law (the jus Civile) applied only to Roman citizens. It was formalistic and hard and reflected the status of a small, unsophisticated society rooted in the soil. It was totally unable to provide a relevant back-ground for an expanding, developing nation. This need was served by the creation and progressive augmentation ofthejus gentium. This provided simplified rules to govern the relations between foreigners, and between foreigners and citizens .... The progressive rules of the jus gentium gradually overrode the narrow jus civile until the latter system ceased to exist. Thus, the jus gentium became the common law of the Roman Empire and was deemed to be of universal application." Malcolm N. Shaw, International Law 15 (4th ed. 1997).

jus gentium privatum (jas jen-shee-am pri-vay-tam). See private international law under INTERNATIONAL LAW.

jus gentium publicum (jas jen-shee-am pab-li-kam). See INTERNATIONAL LAW.

jus gladii (jas glad-ee-i). [Latin "right of the sword"]. Roman law. The executory power of the law, esp. for provincial governors; the power or right to inflict the death penalty. This term took on a similar meaning under English law. Also termed potestas gladii. "And the prosecution of these offences is always at the suit and in the name of the king, in whom, by the texture of our constitution, the jus gladii, or executory power of the law, entirely resides." 4 William Blackstone, Commentaries on the Laws of England 177 (1765).

jus habendi (jas ha-ben-di). [I.atin]. The right to have a thing; the right to be put in actual possession of property.

jus haereditatis (jas ha-red-a-tay-tis). [Latin]. The right of inheritance.

jus hauriendi (jas haw-ree-en-di). [Latin] Civil law. The right of drawing water.

jus honorarium (jas [h]on-a-rair-ee-am). [Latin "magisteriallaw"]. Roman law. The body of aw established by the edicts of magistrates, esp. the praetors (jus praetorium) and the aediles (jus aedilium). In the Roman Republic, the term sometimes referred collectively to all the proclamations of magistrates of the Roman Republic, such as the consuls, praetors, aediles, quaestors, censors, provincial governors, and pontiflces. Although these magistrates were not legislators, they were entitled and indeed bound to declare by edict how they proposed to administer justice, and their edicts were a supplementary source of law. Also termed edicta magistratuum.

jus honorum (jas [h]a-nor-am). [Latin] Roman law. The right of a citizen to hold public office, whether civil, military, or sacred. Cf. JUS SUFFRAGII.

jus imaginis (jas a-maj-a-nis). [Latin] Roman law. The right to use or display pictures or statues of ancestors. The right was restricted to upper-class Roman citizens.

jus immunitatis (jas i-myoo-na-tay-tis). [Latin "law of immunity"]. Civil law. Exemption from the burden of public office.

jus in personam (jas in par-soh-nam). [Latin "right against a person"]. A right of action against a particular person to enforce that person"s obligation. Also termed jura in personam. See right in personam under RIGHT.

jus in re (jas in ree). [Law Latin "right in or over a thing"]. A right in property valid against anyone in the world; a complete and perfect right to a thing. Also termed jus in rem; jura in rem. Cf. JUS AD REM.

jus in re aliena (jas in ree ay-lee-ee-na or al-ee-), n. [Latin]. An easement or right in or over another"s property; ENCUMBRANCE. Also termed right in re aliena.

jus in re propria (jas in ree proh-pree-a). [Latin]. The right of enjoyment that is incident to full ownership of property; full ownership itself. Also termed right in re propria.

jus in rem (jas in rem). [Latin "right to a thing"]. See JUS IN RE.

jus incognitum (jas in-kog-na-tam). [Latin]. An unknown or obsolete law.

jus incorporale (jas-in-kor-pa-ray-lee). [Latin]. An incorporeal right. See INCORPOREAL.

jus individuum (jas-in-da-vij-oo-am). [Latin]. An individual or indivisible right; a right that cannot be divided.

jus inter gentes (jas in-tar jen-teez). [Latin "law among nations"]. See JUS GENTIUM.

jus Italicum (jas I-tal-a-kam). [Latin]. Roman law. A privilege granted by the emperor to cities outside Italy, giving them the status of communities within Italy. This privilege included the right to own land by quiritarlan title.

jus itineris (jas i-tin-a-ris). [Latin]. Roman law. A rustic praedial servitude granting the right to pass over an adjoining property on foot or horseback.

jus Latii (jas lay-shee-i). [Latin]. Roman law. Rights granted to a citizen of a Roman colony. The colonial citizen"s status was midway between peregrine and full citizen of Rome. Also termed jus Latium.

jus legitimum (jas la-jit-a-mam). [Latin]. A right enforceable in law. Cf. JUS FIDUCIARIUM.

jus liquidissimum (jas lik-wi-dis-i-mam). [Latin]. Maritime law. The principle that a salvager is entitled to a reward for saving life or property imperiled at sea.

jus mariti (jas mah-ree-ti or ma-ri-ti). [Law Latin]. Scots law. The outmoded right under which a husband acquired ownership of all his wife"s movable property.

jus merae facultatis (jas meer-ee fak-di-tay-tis). [Law Latin]. A right of mere power; a right of power merely to act.

jus merum (jas meer-am). See MERE RIGHT.

jus moribus constitutum (jas mor-a-bas kon-sta-t[y]oo-tam). [Latin] See unwritten law under LAW.

jus naturae (jas na-t[y]oor-ee). [Latin]. See NATURAL LAW.

jus naturale (jas nach-a-ray-lee). [Latin]. See NATURAL LAW.

jus navigandi (jas nav-a-gan-di), n. [Latin]. The right of navigation; the right of commerce by sea.

jus necessitatis (jas na-ses-i-tay-tis). [Latin]. A person"s right to do what is required for which no threat oflegal punishment is a dissuasion. This idea implicates the proverb that necessity knows no law (necessitas non habet legem), so that an act that would be objectively understood as necessary is not wrongful even if done with full and deliberate intention.

jus nobilius (jas noh-bil-ee-as). [Law Latin]. A superior right.

jus non decrescendi (jas non dee-kre-sen-di). [Law Latin]. Scots law. The right of not suffering diminution. Cf. JUS ACCRESCENDI.

jus non sacrum (jas non say-kram). [Latin "nonsacred law"]. The body of law regulating the duties of a civil magistrate in preserving the public order. Cf. JUS SACRUM.

jus non scriptum (jas non skrip-tam). See unwritten law under LAW.

jus novum (jas noh-vam). [Latin]. Roman law. The new law; the law of the later Roman empire. Also termed leges. See LEX. Cf. JUS ANTIQUUM.

jus obligation is (jas ob-li-gay-shee-oh-nis). [Law Latin "a right of bligation"]. A personal right. See JUS AD REM.

jus offerendi (jas ahf- or awf-a-ren-di). [Latin. Roman law. The right of subrogation; the right to succeed to a senior creditor"s lien and priority upon tendering the amount due to that creditor. Also termed jus offerendae pecuniae.

jus oneris ferendi (jas on-a-ris fa-ren-di). [Latin]. Roman law. An urban praedial servitude granting the right for one"s own house to be supported by a neighbor"s. The servitude was exceptional in requiring a positive duty ofthe servient owner.

jus pascendi (jas pa-sen-di]. See servitus pascendi under SERVITUS.

jus patronatus (jas pa-tra-nay-tas), n. [Latin]. Eccles. law. The right of patronage; the right to present a clerk to a benefice.

jus persequendi in judicio quod sib debetur (jas par-sa-kwen-di in joo-dish-ee-oh kwod sib-i deb-a-tar). [Latin] Roman law. The right of suing before a court for that which is due to us. The phrase is Justinian"s definition of an action.

jus personarum (jas par-sa-nair-am). [Latin "law of persons"]. The law governing the rights of persons having special relations with one another (such as parents and children or guardians and wards) or haVing limited rights (such as aliens or incompetent persons). See LAW OF PERSONS. Cf. JUS RERUM.

jus pignoris (jas pig-na-ris). [Latin "the right of pledge"]. Roman law. A creditor"s right in the property that a debtor pledges to secure a debt.

jus poenitendi jas pen-i-ten-di), n. [Latin]. The right to rescind or revoke an executory contract when the other party defaults.

jus portus (jas por-tas). [Latin]. Civil & maritime law. The right of port or harbor.

jus positivum (jas poz-i-tiv-am). See POSITIVE LAW.

jus possessionis (jas pa-zes[h]-ee-oh-nis). [Latin]. Civil law. A right of which possession is the source or title; a possessor"s right to continue in possession. Cf. JUS PROPRIETATIS.

jus possidendi (jas pos-a-den-di). [Latin] Civil law. A person"s right to acquire or to retain possession; an owner"s right to possess.

jus postliminii (jas pohst-la-min-ee-i). [Latin]. See POSTLIMINUM.

jus praesens (jas pree-senz or -zenz). [Latin "present right"]. Civil law. A right that has been completely acquired; a vested right.