onds, as by
dealing in options or futures.
Jewell instruction (joo-wdl). (1977) Criminal procedure.
A court's instruction to the jury that the defendant can
be found to have the requisite criminal mental state
despite being deliberately ignorant ofsome ofthe facts
surrounding the crime . If a defendant claims igno
rance of some fact essential to the crime, such as not
knowing that a particular bag contained drugs, but
the surrounding circumstances would put a reason
able 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
ofmarijuana coming from the bag, then the court may
instruct the jury that it is entitled to infer the defen
dant's 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 instruc
tion under JURY INSTRUCTION. [Cases: Criminal Law
(;:::>772(5).]
Jim Crow law. (1891) Hist. 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.
JJ. abbr. 1. Judges. 2. Justices.
J.N. abbr. JOHN-A-NOKES.
JNOV. 	abbr. Judgment non obstante veredicto.
See judgment notwithstanding the verdict under
JUDGMENT.
job action. Labor law. 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).
jobber, n. (17c) 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.
jobber's agreement. See HAZANTOWN AGREEMENT.
jobbery, n. (1837) lhe practice or act of perverting a
public service in a way that serves private ends; unfair
means to serve private interests.
job security. Protection of an employee's job, often
through a union contract.
job-targeting program. An initiative by a labor union to
maintain or improve its share ofthe labor in a particu
lar market by financing or backing contractors who bid
on targeted projects. Also termed market-recovery
program.
jocus partitus (joh-bs pahr-tI-tds), n. [Law Latin
"divided game"] Rist. A gambling arrangement made
by the parties on a lawsuit's outcome.
John-a-Nokes. Archaic. A fictitious name for an
unknown party to a legal proceeding, esp. the first
party. lhe name is short for "John who dwells at the
oak." Abbr. J.N. -Also spelled John-a-Noakes.
John-a-Stiles. Archaic. 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.
John Doe. A fictitious name used in a legal proceeding
to designate a person whose identity is unknown, to
protect a person's known identity, or to indicate that a

913 jOint administration
true defendant does not exist. -In England, "William
Styles" was also used. Cf. JANE DOE; RICHARD ROE.
[Cases: Federal Civil Procedure 101; Parties
67,73.]
"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 plain
tiff 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 longev
ity, have become the ready and common pledges of every
suitor." 1 George Crompton, Rules and Cases of Practice
in the Courts of King's 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. in the U.S., john
Doe, jane Doe, Richard Roe, Jane Roe, and Peter Poe have
come to identify a party to a lawsuit whose true name is
either unknown or purposely shielded." Bryan A, Garner, A
Dictionary ofModem Legal Usage 290-91 (2d ed. 1995).
John Doe defendant. See DEFENDANT.
John Doe summons. See SUMMONS,
John Doe warrant. See WARRANT (1).
joinder, n. (I7c) The uniting of parties or claims in a
single lawsuit. Cf. CONSOLIDATION (3). [Cases: Action
C-='39-52; Federal Civil Procedure C=>81, 201-267;
Parties C=>49.] join, vb.
collusive joinder. (1883) Joinder ofa defendant, usu. a
nonresident, in order to have a case removed to federal
court. See manufactured diversity under DIVERSITY OF
CITIZENSHIP. [Cases: Removal ofCases (;:::" 36.]
compulsory joinder. (1901) The necessary jOinder of
a party if either of the following is true: (1) in that
party's absence, those already involved in the lawsuit
cannot receive complete relief; or (2) the absent party
claims an interest in the subject of an action, so that
party's absence might either impair the protection
of that interest or leave some other party subject to
multiple or inconsistent obligations. Fed. R. Civ. P.
19(a). -Also termed mandatory joinder. [Cases:
Federal Civil Procedure (;::')201; Parties 28,]
fraudulent joinder. (1836) The bad-faith joinder of a
party, usu. a resident ofthe state, to prevent removal
of a case to federal court. [Cases: Removal of Cases
C-::>36.]
joinder in demurrer. Common-law pleading. A set in a legal issue; esp., the plaintiffs acceptance of the
defendant's issue ofIaw.
joinder in issue. See jOinder ofissue.
joinder in pleading. Common-law pleading. One party's
acceptance ofthe opposing party's proposed issue and
mode of triaL
joinder oferror. A written denial of the errors alleged
in an assignment oferrors in a criminal case.
joinder ofissue. 1. The submission ofan issue jointly for
decision. 2. The acceptance or adoption ofa 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 ofoffenses. 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). [Cases: Indictment and Information
126.]
joinder ofremedies. The jOinder ofalternative claims,
such as breach of contract and quantum meruit, or
of one claim with another prospective claim, such
as a creditor's claim against a debtor to recover on a
loan and the creditor's claim against a third party to
set aside the transfer of the loan's collateral. [Cases:
Action C=>43; Federal Civil Procedure C=>81.]
mandatory joinder. See compulsory joinder.
misjoinder. See MISJOINDER.
nonjoinder. See NONJOINDER.
permissive joinder. (1903) The optional joinder of
parties if(1) their claims or the claims asserted against
them are asserted jointly, severally, or in respect ofthe
same transaction or occurrence, and (2) any legal or
factual question common to all of them will arise.
Fed. R. Civ. P. 20. [Cases: Federal Civil Procedure
241; Parties C=> 13,24.]
pretensive joinder. Joinder of defendants solely to
obtain venue in a jurisdiction in which the action
could not otherwise be tried. [Cases: Venue
22(3).]
joint, adj. (14c) 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. See ACCOUNT.
joint action. See ACTION (4).
joint activity, See JOINT PARTICIPATION.
joint administration. Bankruptcy. '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
form of words by which either party accepts or joins i a husband and wife, a partnership and at least one

914 joint adoption
partner, two or more business partners, or a business ! joint contract. See CO?>lTRACT.
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 ADMINISTRA TlON
(3). Cf. substantive consolidation under CONSOLIDA
TION. [Cases; Bankruptcy
joint adoption. See ADOPTION.
joint adventure. 1. See common adventure under ADVEN
TURE. 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. (I7c) (Of liability, responsibility,
etc.) apportionable at an adversary's 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. [Cases; Contracts 181; Torts
135.]
joint and several bond. See BOND (3).
joint and several liability. See LIABILITY.
joint and several note. See NOTE (1).
joint-and-survivorship account. See joint account under
ACCOUNT.
joint annuity. See ANNUITY.
joint authors. Copyright. Two or more authors who
collaborate in producing a copyrightable work, each
author intending to merge his or her respective con
tributions into a single work, and each being able to
exploit the work as desired while remaining account
able for a pro rata share of the profits to the coauthor or
coauthors. [Cases; Copyrights and Intellectual Property
C=>41(3).]
joint ballot. See BALLOT (2).
joint board. Labor law. A committee -usu. made up of
an equal number ofrepresentatives from management
and the union -established to conduct grievance pro
ceedings or resolve grievances.
joint bond. See BO?>lD (3).
jOint-check rule. The principle that when an owner or
general contractor issues a check that is made jointly
payable to a subcontractor and the subcontractor's
materialman supplier, the materialman's indorsement
on the check certifies that all amounts due to the mate
rialman. up to the amount ofthe check, have been paid.
 This rule protects the owner or general contractor
from lien foreclosure by a materialman who was not
paid by the subcontractor. By issuing a joint check,
the owner or general contractor is not left merely to
hope that the subcontractor pays all the materialmen.
And the materialman is protected because it can refuse
to indorse the check until it is satisfied that the sub
contractor will pay it the appropriate amount. [Cases:
Mechanics' Liens C=>115(5).]
joint committee. See COMMITTEE. joint covenant. See COVENANT (1).
joint creditor. See CREDITOR.
joint custody. See CUSTODY (2).
joint debtor. See DEBTOR.
joint defendant. See CODEFENDANT.
joint-defense privilege. See PRIVILEGE (3).
joint demise. See DEMISE.
joint employment. See EMPLOYMENT.
joint enterprise. (17c) 1. Criminal law. An undertak
ing by two or more persons who set out to commit an
offense they have conspired to. See CONSPIRACY. [Cases;
Conspiracy C=>23.1.] 2. Torts. An undertaking by two
or more persons with an equal right to direct and benefit
from the endeavor, as a result of which one


. An undertaking by two
or more persons with an equal right to direct and benefit
from the endeavor, as a result of which one partici
pant's negligence may be imputed to the others. Also
termed (in senses 1 & 2) common enterprise. [Cases:
Automobiles (;::>198(4),227.5; Negligence C=>S7S.] 3.
JOINT VENTURE. 4. A joint venture for noncommercial
purposes.[Cases: Joint Adventures
"A business relationship is needed for ajoint venture but
not for a joint enterprise. Thus, a joint enterprise may be
defined as a non-commercialjoint venture." 46 Am.Jur. 2d
Joint Ventures  6, at 27 (1994).
joint estate. See ESTATE (1).
joint executor. See EXECUTOR.
joint heir. See HEIR.
joint indictment. See INDICTMENT.
joint interest. See INTEREST (2).
joint-interest purchase. See SPLIT-INTEREST PURCHASE
OF PROPERTY.
joint inventor. Patents. A person who collaborates with
another or others in developing an invention. All
joint inventors must be identified on a patent applica
tion. [Cases: Patents ~'=>92.]
"Employing a friend, mechanic, model maker or other
person to do work for one on an idea does not, as a rule,
make him a joint inventor with the originator. One has a
right to employ someone else to do one's work. There are
conditions, however, where such person would become a
joint inventor, or even sole inventor. It is best to play safe
and consult an experienced patent lawyer, laying before
him all of the facts." Richard B. Owen, Patents, Trademarks,
Copyrights, Departmental Practice 7 (1925).
joint legal custody. See joint custody under CUSTODY
(2).
joint liability. See LIABILITY .
joint life insurance. See LIFE INSURANCE.
joint life policy. See INSURANCE POLICY.
joint managing conservatorship. See joint custody
under CuSTODY (2).
joint mortgage. See MORTGAGE.
joint negligence. See NEGLIGENCE.
joint note. See NOTE (1).
joint obligation. See OBLIGATION.

915
joint offense. See OFFENSE (1).
joint ownership. See OWNERSHIP.
joint participation. (1971) Civil-rights law. A pursuit
undertaken by a private person in concert with a gov
ernmental entity or state official, resulting in the private
person's performing public functions and thereby being
subject to claims under the civil-rights laws. Also
termed jOint activity. See SYMBIOTIC-RELATIONSHIP
TEST; NEXUS TEST. [Cases: Civil Rights C-::l1326(S).J
joint party. See COPARTY.
joint physical custody. See joint custody under CUSTODY
(2).
joint plaintiff. See COPLAINTIFF.
joint possession. See POSSESSION.
joint property. See PROPERTY.
joint rate. See RATE.
joint resolution. See RESOLUTION (1).
jointress. Hist. A woman who has a jointure. -Also
termed jointuress. See JOINTURE (1).
joint return. See TAX RETURN.
joint rule. See RULE (2).
joint session. See SESSION (1).
joint stock. See STOCK.
joint-stock association. See jOint-stock company under
COMPANY.
joint-stock company. See COMPANY.
joint tariff. See TARIFF (5).
joint tenancy. See TENANCY.
joint tenant. See joint tenancy under TENANCY.
joint tortfeasors. See TORTFEASOR.
joint trespass. See TRESPASS.
joint trial. See TRIAL.
joint trustee. See COTRUSTEE.
jointure (joyn-chdr). (ISc) 1. Archaic. A woman's freehold
life estate in land, made in consideration of marriage
in lieu of dower and to be enjoyed by her only after
her husband's death; a settlement under which a wife
receives such an estate . The four essential elements are
that (1) the jointure must take effect immediately upon
the husband's death, (2) it must be for the wife's own
life, and not for another's life or for a term ofyears, (3)
it must be held by her in her own right and not in trust
for her, and (4) it must be in lieu ofher entire dower. See
DOWER. [Cases: Dower and Curtesy C=>29, 40.]
equitable jointure. A premarital arrangement for a
woman to enjoy a jointure, accepted by the woman in
lieu ofdower. -Also termed equitable dower. [Cases:
Dower and Curtesy C::::>40.J
2. A settlement under which a wife receives such an
estate. -Also termed legal jointure. 3. An estate in
lands given jointly to a husband and wife before they
marry. See JOINTRESS. [Cases: Dower and CurtesyC:::>
40.] journal of notarial acts
jointuress. See JOINTRESS.
joint venture. (18c) A business undertaking by two or
more persons engaged in a single defined project.  The
necessary elements are: (1) an express or implied agree
ment; (2) a common purpose that the group intends
to carry out; (3) shared profits and losses; and (4) each
member's equal voice in controlling the project. -Also
termed joint adventure; jOint enterprise. Cf. PARTNER
SHIP; STRATEGIC ALLIANCE; VENTURE [Cases: Joint
Adventures 1.2.]
''There is some difficulty in determining when the legal
relationship of joint venture exists, with authorities dis
agreeing as to the essential elements .... The joint venture
is not as much of an entity as is a partnership." Henry G.
Henn & John R. Alexander, Laws of Corporations  49, at
106 (3d ed. 1983).
joint-venture corporation. See CORPORATION.
joint verdict. See VERDICT.
joint welfare fund. See FUND (1).
joint will. See WILL.
joint work. See WORK (2).
joker. (1904) 1. An ambiguous clause inserted in a leg
islative bill to render it inoperative or uncertain in
some respect without arousing opposition at the time
ofpassage. 2. A rider or amendment that is extraneous
to the subject ofthe bill.
Jones Act. Maritime law. A 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 seaman's personal representative may
maintain an action against the employer. 46 USCA app.
 688. [Cases: Seamen C:::>29.J
Jones Act vessel. See VESSEL.
jour (zhoor), n. [French] Day <jour en bane>.
journal. (ISc) 1. A book or record kept, usu. daily, as of
the proceedings ofa legislature or the events ofa ship's
voyage. -Also termed log; logbook. See MINUTES (2).
2. Accounting. In double-entry bookkeeping, a book in
which original entries are recorded before being trans
ferred to a ledger. 3. A periodical or magazine, esp. one
published for a scholarly or professional group. -Abbr.
J.
journal entry. See ENTRY (2).
journalist's privilege. See PRIVILEGE (J).
journal of notarial acts (noh-tair-ee-dl). The notary
public's sequential record ofnotarial 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 ofeach person
whose signature is notarized, the type ofinformation
used to verify the identity of parties whose signatures
are notarized, and the fee charged. 1his journal,
required by law in many states, provides a record that
mav be used as evidence in court. Also termed
not~rial record; notarial register; notary record book;
sequential journal.

916 journeys accounts
journeys accounts. Hist. The 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.
joyriding, n. (1909) The illegal driving ofsomeone else's
automobile without permission, but with no intent
to deprive the owner of it permanently . Under the
Model Penal Code, the offender's reasonable belief
that the owner would have consented is an affirmative
defense. See Model Penal Code  223.9. -Also termed
unauthorized use ofa vehicle.[Cases: Automobiles
339.] -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 another's 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).
J.P. abbr. JUSTICE OF THE PEACE.
J.P. court. See justice court under COURT.
JPML. abbr. JUDICIAL PANEL ON MULTIDISTRICT LITI
GATION.
JPO. abbr. Japanese Patent Office.
J.P. Stevens test. Patents. A two-part test to determine
whether a patent-applicant's conduct amounted to
inequitable conduct before the Patent and Trademark
Office, by deciding (1) whether the threshold levels of
materiality and intent are met, and (2) whether, on
balance, the facts show inequitable conduct as a matter
oflaw. J.P. Stevens v. Lex Tex Ltd., 747 F.2d 1553 (Fed.
Cir. 1984). In the balance, information that is clearly
material or conduct that is clearly deceptive can decide
the outcome. [Cases: Patents 0=>97.J
J.S. abbr. JOHN-A-STILES.
JSc. abbr. Justice ofSupreme Court.
J.S.D. [Law Latin juris scientiae doctor] abbr. DOCTOR OF
JURIDICAL SCIENCE.
jubere Ouu-beer-ee), vb. [Latin] Civil law. L To order,
direct, or command. 2. To assure or promise.
J.U.D. [Law Latinjuris utriusque doctor "doctor ofboth
laws"] abbr. A doctor ofboth civil and canon law.
judex (joo-deks), n. [Latin] 1. Roman law. 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. Rist. A juror. -Also spelled
iudex. PI. judices (joo-di-seez).
judex ad quem (ad kwem). Civil law. A judge to whom
an appeal is taken.
judex a quo (ay kwoh). Civil law. A judge from whom
an appeal is taken. judex datus (day-tds). Roman law. A judex aSSigned by
a magistrate or provincial governor to try a case under
cognitio extraordinaria. See COGNITIO EXTRAORDI
NARIA.
judex delegatus (del-d-gay-tds). Roman & civil law.
A delegated judge under cognitio extraordinaria; a
special judge. See COGNITlO EXTRAORDINARIA.
judexfiscalis (fis-kay-lis). Roman law. A judex having
jurisdiction of matters relating to the fiscus. See
FISCUS (1).
judex ordinarius (or-dd-nair-ee-ds). Civil law. A judge
having jurisdiction in his own right rather than by
delegated authority . The judge was typically a pro
vincial governor.
judexpedaneus (p;l-day-nee-;ls). Roman law. 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 oflower rank.
judex selectus (s;llek-t;ls). Civil law. A judge selected
to hear the facts in a criminal case.
judex specialis (spesh-ee-ay-lis). Roman law. See judex
pedaneus.
judge, n. (14c) A 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 ofthe facts). But
in ordinary legal usage, the term is limited to the sense
ofan officer who (1) is so named in his or her commis
sion, and (2) presides in a court. Judge is often used
interchangeably with court. See COURT (2). -Abbr. J.
(and, in plural, JJ. [Cases: Judges 0=> 1.]
administrative-law judge. See ADMINISTRATIVE-LAW
JUDGE.
administrative patent judge. Patents. A U.S. Patent
and Trademark Office adjudicator charged with con
ducting interference and appeal proceedings. Abbr.
APT. [Cases: Patents C"~111.]
associate judge. (18c) An appellate judge who is neither
a chief judge nor a presiding judge. Also termed
puisne judge.
bankruptcy judge


ellate judge who is neither
a chief judge nor a presiding judge. Also termed
puisne judge.
bankruptcy judge. (1873) A judicial officer appointed
by a U.S. Court of Appeals to preside over cases filed
under the Bankruptcy Code and proceedings related
to bankruptcy cases that are referred by the U.S.
district court . A bankruptcy judge is appointed for
a term of 14 years. 28 USCA  151 et seq. See ARTICLE
I JUDGE. [Cases: Bankruptcy 0=>2123.]
chiefadministrative patentjudge. Patents. The super
visor ofadministrative patent judges at the U.S. Patent
and Trademark Office. Abbr. CAPT.
chiefjudge. (15c) The judge who presides over the
sessions and deliberations of a court, while also

917 judge
overseeing the administration of the court. -Abbr.
c.J.
circuit judge. (lSc) 1. A judge who sits on a circuit
court; esp., a federal judge who sits on a U.S. court
of appeals. 2. Rist. A special judge added to a court
for the purpose ofholding trials, but without being a
regular member ofthe court. -Abbr. c.J.
city judge. See municipal judge.
continuingpart-time judge. A judge who serves repeat
edly on a part-time basis by election or under a con
tinuing appointment.
county judge. (ISc) A local judge having criminal
or civil jurisdiction, or sometimes both, within a
county.
criminal-court judge. A judge who sits on a court
with jurisdiction only over criminal matters. [Cases:
Judges
de facto judge (di fak-toh). (IS29) A judge operating
under color oflaw but whose authority is procedur
ally defective, such as a judge appOinted under an
unconstitutional statute. -Also termed judge de
facto. [Cases: Judges <>6,26.]
district judge. (lSc) 1. A judge in a federal or state
judicial district. 2. See metropolitan stipendiary mag
istrate under MAGISTRATE. -Abbr. D.J.
duty judge. A judge responsible for setting an arrestee's
bail, usu. by telephone or videoconference.
family-court judge. A judge who sits on a court that
has jurisdiction exclusively over matters involving
domestic relations, such as divorce and child-custody
matters. [Cases: Judges (;:::;::, 1.]
hanging judge. (ISc) Slang. A judge who is harsh
(sometimes corruptly so) with defendants, esp. those
accused of capital crimes.
inferior judge. A judge who sits on a lower court.
[Cases: Judges C=:: 1.1
judge de facto. See de facto judge.
judge delegate. A judge who acts under delegated
authority.
judge ofprobate. See probate judge.
judge ordinary. Rist. The judge ofthe English Court for
Divorce and Matrimonial Causes from 1857-lS75.
judge pro tempore (proh tem-pa-ree). See visiting
judge.
juvenile-court judge. A judge who sits on a court that
has jurisdiction exclusively over matters involv
ing juveniles, such as suits involving child abuse
and neglect, matters involving status offenses, and,
sometimes, suits to terminate parental rights. [Cases:
Judges 1.]
lay judge. (16c) A judge who is not a lawyer.
mentorjudge. An experienced judge who helps a new
judge by sharing knowledge and offering guidance. military judge. A commissioned officer of the armed
forces who is on active duty and is a member ofa bar
ofa federal court or of the highest court ofa state.
The Judge Advocate General ofthe particular service
must certify a military judge as qualified for duty. A
military judge of a general court-martial must also
be a member ofan independent judiciary. A military
judge is detailed to every general court-martial and
usu. to a special court -martial. [Cases: Military Justice
<':=>SS1.]
municipal judge. (lSc) A local judge having criminal or
civil jurisdiction, or sometimes both, within a city.
Also termed city judge.
presidingjudge. (18c) 1. A judge in charge ofa particu
lar court or judicial district; esp., the senior active
judge on a three-member panel that hears and decides
cases. 2. A chief judge. -Abbr. P.J. Also termed
president judge.
probate judge. (18c) A judge having jurisdiction over
probate, inheritance, guardianships, and the like.
Also termed judge ofprobate; surrogate; register;
registry.
puisne judge (pyoo-nee). [Law French puisne "later
born"] 1. A junior judge; a judge without distinction
or title. -Ihis was the title formerly used in English
common-law courts for a judge other than the chief
judge. Today puisne judge refers to any judge of the
English High Court, apart from the ChiefJustice. 2.
See associate judge.
senior administrative patent judge. Patents. A semire
tired administrative patent judge who remains active
in hearing interferences in the U.S. Patent and Trade
mark Office. -Abbr. SAPJ.
senior judge. (l8c) 1. The judge who has served for the
longest time on a given court. 2. A federal or state
judge who qualifies for senior status and chooses this
status over retirement. See SENIOR STATUS.
side judge. Archaic. A judge -or one oftwo judges
ofinferior rank, associated with a judge of a higher
rank for the purpose ofconstituting a court.
special judge. (17c) A judge appOinted or selected to sit,
usu. in a specific case, in the absence or disqualifica
tion ofthe regular judge or otherwise as provided by
statute. [Cases: Judges <>13-19,25.]
"Many, if not ali, jurisdictions have made provision for
the selection of a substitute or special judge to serve in
place of the regular judge in the event of disqualifica
tion, voluntary recusal, disability, or other absence of the
regular judge, The circumstances under which a special
or substitute judge may act in place of the regular judge,
and the manner in which such ajudge may be chosen, are
matters of purely local regulation, entirely dependent on
local constitutions and statutes." 46 Am. Jur. 2d judges
 248, at 331 (1994).
temporary judge. See visiting judge.
trial judge. (17c) The judge before whom a case is tried.
-This term is used most commonly on appeal from
the judge's rulings.

918 judge advocate
United States Magistrate Judge. See UNITED STATES
MAGISTRATE JUDGE.
visitingjudge. (1888) A judge appointed by the pre
siding judge of an administrative region to sit tem
porarily on a given court, usu. in the regular judge's
absence. -Also termed temporary judge; judge pro
tempore. [Cases: Judges C=o 13-19, 25.]
judge advocate. (17c) Military law. 1. An officer of a
court-martial who acts as a prosecutor. 2. A legal
adviser on a military commander's staff. 3. Any officer
in the Judge Advocate General's Corps or in a depart
ment ofa U.S. military branch. -Abbr. JA.
staffjudge advocate. A certified military lawyer with
the staff ofa convening or supervisory authority that
exercises general court-martial jurisdiction.
Judge Advocate General. Military law. The senior legal
officer and chieflegal adviser of the Army, Navy, or Air
Force. -Abbr. JAG.
Judge Lynch. See LYNCH LAW.
judge-made law. (1817) 1. The law established by judicial
precedent rather than by statute. See COMMON LAW.
[Cases: Courts C=o88.] 2. The law that results when
judges construe statutes contrary to legislative intent.
Also termed (in sense 2) judicial legislation; bench legis
lation; judicial law. See JUDICIAL ACTIVISM.
judgement. See JUDGMENT.
judge's chamber. See CHAMBER.
judgeship. (17c) 1. The office or authority of a judge. 2.
The period of a judge's incumbency.
judge-shopping. (1962) The practice of filing several
lawsuits asserting the same claims -in a court or a
district with multiple judges -with the hope ofhaving
one of the lawsuits assigned to a favorable judge and
of non suiting or voluntarily dismissing the others. Cf.
FORUM-SHOPPING.
judge trial. See bench trial under TRIAL.
judgment. (13c) 1. A court's 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). [Cases: Federal Civil Procedure
2391-2628; Judgment C=o1.] 2. English law. An opinion
delivered by a member of the appellate committee of
the House of Lords; a Law Lord's 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 culmi
nation 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). accumulative judgment. (1921) A second or additional
judgment against a person who has already been con
victed, the execution ofwhich is postponed until the
completion of any prior sentence.
agreed judgment. (1945) A settlement that becomes
a court judgment when the judge sanctions it.
In effect, an agreed judgment is merely a contract
acknowledged in open court and ordered to be
recorded, but it binds the parties as fully as other
judgments. -Also termed consent judgment; stipu
lated judgment;judgment by consent. [Cases: Federal
Civil Procedure C=o2397; Judgment C=o71-91.]
alternative judgment. A determination that gives
the losing party options for satisfying that party's
duties.
cognovitjudgment (kog-noh-vit). A debtor's confession
ofjudgment; judgment entered in accordance with a
cognovit. See CONFESSION OF JUDGMENT; COGNOVIT.
[Cases: Federal Civil Procedure C=o2396; Judgment
C=o54.]
conditional judgment. A judgment whose force
depends on the performance ofcertain acts to be done
in the future by one of the parties. For example,
a conditional judgment may order the sale of mort
gaged property in a foreclosure proceeding unless
the mortgagor pays the amount decreed within the
time specified. -Also termed common order. [Cases:
Judgment C=o229.]
confession of judgment. See CONFESSION OF
JUDGMENT.
consentjudgment. See agreed judgment.
contradictory judgment. Civil law. A judgment that
has been given after the court has heard the parties
make their claims and defenses. In Louisiana, this
term is opposed to default judgment. Cf. contradictory
motion under MOTION.
declaratory judgment. (1886) A binding adjudication
that establishes the rights and other legal relations of
the parties without providing for or ordering enforce
ment.  Declaratory judgments are often sought, for
example, by insurance companies in determining
whether a policy covers a given insured or periL
Also termed declaratory decree; declaration. [Cases:
Declaratory Judgment C=o 1.]
default judgment. See DEFAULT JUDGMENT.
deferred judgment. (1896) A judgment placing a con
victed defendant on probation, the successful com
pletion ofwhich will prevent entry of the underlying
judgment of conviction. This type of probation is
common with minor traffic offenses. -Also termed
deferred adjudication; deferred-adjudication proba
tion; deferred prosecution; probation before judgment;
probation without judgment; pretrial intervention;
adjudication withheld. [Cases: Sentencing and Pun
ishment C=o2050.]
deficiency judgment. (1865) A judgment against
a debtor for the unpaid balance of the debt if a

919 judgment
foreclosure sale or a sale of repossessed personal
property fails to yield the full amount of the debt
due. -Also termed deficiency decree. [Cases: Mort
gages 559; Secured Transactions C;:::240.]
definitive judgment. See final judgment.
determinative judgment. See final judgment.
domestic judgment. A judgment rendered by the courts
of the state or country where the judgment or its effect
is at issue.
dormant judgment. (lSc) A judgment that has not been
executed or enforced within the statutory time limit.
 As a result, any judgment lien may have been lost
and execution cannot be issued unless the judgment I
creditor first revives the judgment. See REVIVAL (1). .
[Cases: Federal Civil Procedure C=:>2621; Judgment
C=:>853.)
erroneous judgment. (17c) A judgment issued by a
court with jurisdiction to issue it, but containing an
improper application oflaw. This type ofjudgment
is not void, but can be corrected by a trial court while
the court retains plenary jurisdiction, or in a direct
appeal. Also termed judgment in error. See ERROR
(2).
excess judgment. Insurance. A judgment that exceeds
all of the defendant'


error. See ERROR
(2).
excess judgment. Insurance. A judgment that exceeds
all of the defendant's insurance coverage. [Cases:
Insurance (>2934(3), 3346, 3374.]
executory judgment (eg-zek-y;Hor-ee). (ISc) A
judgment that has not been carried out, such as a
yet-to-be fulfilled order for the defendant to pay the
plaintiff.
final appealable judgment. See final judgment.
final judgment. (ISc) A court's last action that settles
the rights of the parties and disposes of all issues
in controversy, except for the award of costs (and,
sometimes, attorney's fees) and enforcement of the
judgment. Also termed final appealable judgment;
final decision; final decree; definitive judgment; deter
minative judgment;final appealable order. See FINAL
JUDGMENT RULE. [Cases: Appeal and Error C=>76(1);
Criminal Law C=,1023(2); Federal Civil Procedure
C=:>2579; Federal Courts C=:>571.]
foreign judgment. A decree, judgment, or order of a
court in a state, country, or judicial system different
from that where the judgment or its effect is at issue.
[Cases: Judgment (>813-S32.7.]
in personam judgment. See personal judgment.
in rem judgment. See judgment in rem.
interlocutory judgment (in-tar-Iok-[y]a-tor-ee). (17c)
An intermediate judgment that determines a prelimi
nary or subordinate point or plea but does not finally
decide the case. _ A judgment or order given on a pro
visional or accessory claim or contention is generally
interlocutory. Also termed interlocutory decree.
[Cases: Appeal and Error C=:>68; Federal Civil Pro
cedure C=:>257S; Federal Courts Judgment
C=:>216.] irregular judgment. A judgment that may be set
aside because of some irregularity in the way it was
rendered, such as a clerk's failure to send a defendant
notice that a default judgment has been rendered.
[Cases: Judgment (>353.]
judgment as a matter of law. (iS73) A judgment
rendered during a jury trial either before or after
the jury's 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 oflaw has replaced
both the directed verdict and the judgment notwith
standing the verdict. Fed. R. Civ. P. 50. Cf. SUMMARY
JUDGMENT. [Cases: Federal Civil Procedure C='2111,
2601; Judgment G-=' 199; Trial 167.]
judgment by confession. See CONFESSION OF JUDG
MENT.
judgment by consent. See agreed judgment.
judgment by default. See DEFAULT JUDGMENT.
judgment by nil dicit. See nil-dicit default judgment
under DEFAULT JUDGMENT.
judgment by non sum informatus. See NO:>! SUM INFOR
MATUS.
judgment for money. See money judgment.
judgment homologating the tableau (ha-mahl-a
gay-ting / ta-bloh or tab-loh). Civil law. A judgment
approving a plan for distributing property ofa dece
dent's estate. _ The distribution plan is known as the
tableau ofdistribution. La. Code Civ. Proc. art. 3307.
See HOMOLOGATIOR
judgment in error. See erroneous judgment.
judgment in personam. See personal judgment.
judgment in rem (in rem). (lSc) A judgment that deter
mines 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. rCases: Judgment C=:>
S03.]
judgment in retraxit. See judgment ofretraxit.
judgment inter partes. See personal judgment.
judgment nil capiat per billa (nil kap-ee-dt par bil-a).
(1816) 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-dt pdr breev
or bree-vee). (1916) Judgment that the plaintiff take
nothing by the writ; a take-nothing judgment in a
case instituted by a writ.
judgment nisi (nI-SI). (ISc) A provisional judgment
that, while not final or absolute, may become final
on a party's motion. See NISI.
judgment notwithstanding the verdict. (18c) A
judgment entered for one party even though a
jury verdict has been rendered for the opposing

judgment 920
party. Also termed judgment non obstante vere
dicto (non ahb-stan-tee ver-;J-dik-toh). Abbr.
JNOV; judgment N.O.V. See judgment as a matter of
law. [Cases: Criminal LawC=:'977(4); J;ederal Civil
Procedure C=:' 2601-2610; Judgment C=:' 199.]
judgment nunc pro tunc. A 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 TUI\C. [Cases: Federal Civil Procedure
~-."o..:..}; Judgment C=:'273.]
judgment ofacquittal. (17c) A judgment, rendered on
the defendant's motion or court's 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. [Cases: Criminal Law
judgment ofblood. See death sentence under SEN-
TENcE.
judgment ofcassetur billa. See CASSETUR BILLA.
judgment ofcassetur breve. See CASSETUR BREVE.
judgment ofconviction. (1806) 1.1be 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)(l). 2. A sentence in a criminal case. See
SENTENCE. [Cases: Criminal Law C=:'990.1.]
judgment ofdiscontinuance. 1. A judgment dismiss
ing a plaintiff's 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. [Cases: Pretrial Procedure
501-581.]
judgment ofdismissal. (1809) A 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. [Cases: Federal Civil Proce
dure Pretrial Procedure C=:'694.j
judgment ofnolle prosequi (nahl-ee prahs-<l-kwI).
(1869) 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 nonsuit. 1. Hist. 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. [Cases: Federal Civil Pro
cedure (;::::>2116.] 2. NONSUIT (2).
judgment ofrepleader. See REPLEADER.
judgment ofretraxit (ri-trak-sit). Hist. A judgment
against a plaintiff who has voluntarily retracted the
claim. -Such a judgment bars the plaintiff from reHti
gating the claim. -Also termed judgment in retraxit.
See RETRAXIT. judgment on the merits. (18c) A judgment based on
the evidence rather than on technical or procedural
grounds. -Also termed decision on the merits.
judgment on the pleadings. (18e) A 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. [Cases: Federal
Civil Procedure C=:' 1041-1068; Pleading C::= 342.]
judgment on the verdict. (l7c) A judgment for the party
receiving a favorable jury verdict.
judgment quasi in rem (kway-sI [or -ZI] in rem). (1905)
A judgment based on the court's jurisdiction over
the defendant's 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. [Cases:
Judgment C=:'805.j
judgment quod billa cassetur (kwod bil-;l k::l-see-tJr).
(18c) Judgment that the bill be quashed. This is a
judgment for the defendant.
judgment quod breve cassetur (kwod breev or bree-vee
b-see-t;Jr). Judgment that the writ be quashed. -Ihis
is a judgment for the defendant.
judgment quod computet. See QUOD COMPUTET.
judgment quod recuperet (kwod ri-kyoo-p::lr-it).
Judgment that the plaintiff recover.
judgment respondeat ouster (ri-spon-dee-at ows-t;lr).
His!. An interlocutory judgment requiring the defen
dant who has made a dilatory plea to give a more sub
stantial defense.
junior judgment. A judgment rendered or entered after
the rendition or entry ofanother judgment, on a dif
ferent claim, against the same defendant.
money judgment. (1869) A judgment for damages
subject to immediate execution, as distinguished
from equitable or injunctive relief. -Also termed
judgment for money.
nunc pro tunc judgment (nilngk proh tilngk). (1828) A
procedural device by which the record ofa judgment
is amended to accord with what the judge actually
said and did, so that the record will be accurate.
This device is often used to correct defects in real-
estate titles. Federal Civil Procedure C::=2625;
Judgment 326.]
personal judgment. (1829) 1. A judgment that imposes
personal liability on a defendant and that may there
fore be satisfied out ofany ofthe defendant's property
within judicial reach. 2. A judgment result from
an action in which a court has personal jur ion
over the parties. 3. A judgment against a person as
distinguished from a judgment against a thing, right,
or status. Also termed judgment in personam (in
p;Jr-soh-n;Jm); in personam judgment;judgment inter
partes (in-t::lf pahr-teez).
simulated judgment. Civil law. A judgment that,
although founded on an actual debt and intended

921 judicatory
for collection by the usual legal processes, is actually
entered into by the parties to give one of them an
undeserving advantage or to defraud third parties.
stipulated judgment. See agreed judgment.
summary judgment. See SUMMARY JUDGMENT.
suspension ofjudgment. See STAY.
take-nothing judgment. (1938) A judgment for the
defendant providing that the plaintiff recover nothing
in damages or other relief. -Also termed (in some
states) no cause ofaction.
valid judgment. 1. A judgment that will be recog
nized by common-law states as long as it is in force
in the state where the judgment was rendered. [Cases:
Judgment (;:::>815.] 2. A judicial act rendered by a
court having jurisdiction over the parties and over the
subject matter in a proceeding in which the parties
have had a reasonable opportunity to be heard. [Cases:
Federal Civil Procedure (;:::)2393.]
voidable judgment. (17c) A judgment that, although
seemingly valid, is defective in some material way;
esp., a judgment that, although rendered by a court
having jurisdiction, is irregular or erroneous. [Cases:
Judgment (;::J27, 353, SOl.]
void judgment. (18c) A judgment that has no legal force
or effect, the invalidity of which may be asserted by
any party whose rights are affected at any time and
any place, whether directly or collaterally . From its
inception, a void judgment continues to be absolutely
null. It is incapable of being confirmed, ratified, or
entorced in any manner or to any degree. One source
ofa void judgment is the lack ofsubject-matter juris
diction. [Cases: Federal Civil Procedure (;::J2392;
Judgment (;::J5-27, 346, 486.]
judgmental immunity. See ERROR-OF-JUDGMENT RULE.
judgment book. See judgment docket under DOCKET
(1).
judgment bycomparison. Patents. Allowance ofa patent
claim because a similar claim has been allowed before.
 lhere is no stare decisis doctrine in patent prosecu
tions, but examiners may consider allowance ofsimilar
claims as a decision-making aid.
judgment creditor. (18c) A person haVing a legal right
to enforce execution of a judgment for a specific sum
ofmoney.
bona fide judgment creditor. One who recovers a
judgment without engaging in fraud or collusion.
judgment debt. See DEBT.
judgment debtor. (18c) A person against whom a money
judgment has been entered but not yet satisfied.
judgment docket. See DOCKET (1).
judgment ex cathedra. 1. See EX CATHEDRA. 2. See
JUDGMENT (1).
judgment execution. 1. See EXECUTION (3).


RA. 2. See
JUDGMENT (1).
judgment execution. 1. See EXECUTION (3). 2. See EXE
CUTION (4).
judgment file. See judgment docket under DOCKET (1). judgment lien. See LIEN.
judgment non obstante veredicto. Seejudgment notwith
standing the verdict under JUDGMENT.
judgment note. 1. 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 N.O.V. See judgment notwithstanding the
verdict under JUDGMENT.
judgment ofblood. See death sentence under SENTENCE.
judgment ofcassetur billa. See CASSETUR BILLA.
judgment ofcassetur breve. See CASSETUR BREVE.
judgment ofrepleader. See REPLEADER.
judgment-proof, adj. (18c) (Of an actual or potential
judgment debtor) unable to satisfy a judgment for
money damages because the person has no property,
does not own enough property within the court's juris
diction to satisfy the judgment, or claims the benefit of
statutorily exempt property. -Also termed execution
proof.
judgment quod computet. See QUOD COMPUTET.
judgment receiver. See RECEIVER.
judgment record. See judgment docket under DOCKET
(1).
judgment roll. See judgment docket under DOCKET (1).
"As the pleadings constitute part of the record, it is indis
pensable that they be filed. In some of the codes they must
be filed at the institution of the action; in others, by or
before the first day of the term; in others, at or before the
trial. They must be used in making the 'judgment roll:
and in the practice of each State (not here conSidered)
procedure is provided to procure filing." Edwin E. Bryant,
The Law of Pleading Under the Codes ofCivil Procedure
179 (2d ed. 1899).
judgment-roll appeal. See APPEAL.
judgment sale. See execution sale under SALE.
judgment seat. 1. The bench on which a judge sits. 2. By
extension, a court or tribunal.
judgment summons. See SUMMONS.
judicable (joo-di-b-bdl), adj. (17c) Rare. Capable of
being adjudicated; triable; justiciable. -Also termed
judiciable (joo-dish-d-bdl).
judicare (joo-di-kair-ee), vb. [Latin] Civil law. To judge;
to decide or determine judicially; to give judgment or
sentence.
judicate, vb. See ADJUDICATE.
judicative (joo-di-kay-tiv or -kd-tiV), adj. Rare. See ADJU
DICATIVE.
judicator (joo-di-kay-tdr), n. (18c) A person authorized
to act or serve as a judge.
judicatory (joo-di-kd-tor-ee), adj. (17c) 1. Ofor relating
to judgment. 2. Allowing a judgment to be made; giving
a decisive indication.
judicatory (joo-di-b-tor-ee), n. (16c) 1. A court; any
tribunal with judicial authority <a church judicatory>.

2. The administration of justice <working toward a
more efficient judicatory>.
judicatum solvi (joo-di-kay-t~m SOl-VI). [Latin "that the
judgment will be paid"] 1. Roman law. The payment
of the sum awarded by way of judgment. 2. Roman
law. Security for the payment of the sum awarded by
way ofjudgment. This applied when a representative
appeared on the defendant's behalfat the trial. 3. Civil
law. A court-ordered caution given by the defendant in
a maritime case. See CAUTION.
"Judicatum salvi .... The cautioner in such an obliga
tion is bound in payment or fulfilment of whatever may be
decerned for, and he is not liberated from the obligation
by the death of the principal debtor. It is a kind of caution
not infrequently required. Under the civil law this caution
was required of any defender who remained in posses
sion, during the suit, of the subject which gave rise to
the dispute." John Trayner, Trayner's Latin Maxims 292-93
(4th ed. 1894).
judicature (joo-di-b-ch~r). (16c) 1. The action ofjudging
or of administering justice through duly constituted
courts. 2. JUDICIARY (3). 3. A judge's office, function,
or authority.
Judicature Acts. A series of statutes that reorganized
the superior courts of England in 1875. The Judica
ture Acts were superseded by the Supreme Court Act
of 1981.
judices (joo-di-seez). [Latin] pl. JUDEX.
judicia (joo-dish-ee-~). [Latin] pI. JUDICIUM.
judiciable, adj. See JUDICABLE.
judicial (joo-dish-~l), adj. (14c) 1. Of, relating to, or by the
court or a judge <judicial duty> <judicial demeanor>.
2. In court <the witness's judicial confession>. 3. Legal
<the Attorney General took no judicial action>. 4. Of
or relating to a judgment <an award ofjudicial interest
at the legal rate>. Cf. JUDICIOUS.
quasi-judicial. See QUASI-JUDICIAL.
judicial act. See ACT (2).
judicial activism, n. (1949) A philosophy of judicial
decision-making whereby judges allow their personal
views about public policy, among other factors, to guide
their decisions, usu. with the suggestion that adher
ents ofthis philosophy tend to find constitutional viola
tions and are willing to ignore precedent. Cf. JUDICIAL
RESTRAINT (3). -judicial activist, n.
"[I]fto resolve the dispute the court must create a new rule
or modify an old one, that is law creation. Judges defending
themselves from accusations ofjudicial activism sometimes
say they do not make law, they only apply it. It is true that
in our system judges are not supposed to and generally do
not make new law with the same freedom that legislatures
can and do; they are, in Oliver Wendell Holmes's phrase,
'confined from molar to molecular motions.' The qualifica
tion is important, but the fact remains that judges make,
and do not just find and apply, law." Richard A. Posner, The
Federal Courts: Crisis and Reform 3 (1985).
judicial activity report. A regular report, usu. monthly
or quarterly, on caseload and caseflow within a given
court or court system. judicial administration. The process of doing justice
through a system ofcourts.
judicial admission. See ADMISSION (1).
judicial arbitration. See ARBITRATION.
Judicial Article. (1881) Article III of the U.S. Consti
tution, which creates the Supreme Court, vests in
Congress the right to create inferior courts, provides for
life tenure for federal judges, and specifies the powers
and jurisdiction of the federal courts. [Cases: Federal
Courts C=::=o4.]
judicial assize. See ASSIZE (6).
judicial-authority justification. See JUSTIFICATION.
judicial bias. See BIAS.
judicial bond. See BOND (2).
judicial branch. (l8c) The branch ofgovernment consist
ing of the courts, whose function is to ensure justice
by interpreting, applying, and generally administer
ing the laws; JUDICIARY (1). Cf. LEGISLATIVE BRANCH;
EXECUTIVE BRANCH. [Cases: Constitutional Law
2450-2609.]
judicial bypass. (1977) A procedure permitting a person
to obtain a court's approval for an act that would ordi
narily require the approval of someone else, such as
a law that requires a minor to notify a parent before
obtaining an abortion but allows an appropriately
qualified minor to obtain a court order permitting the
abortion without parental notice. [Cases: Abortion and
Birth Control C=::=o 116.]
judicial-bypass provision. Family law. 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 neces
sity ofobtaining parental consent by obtaining judicial
consent. [Cases: Abortion and Birth Control C=::=o 116.]
judicial cognizance. See JUDICIAL NOTICE.
judicial combat. See TRIAL BY COMBAT.
judicial comity. See COMITY.
Judicial Committee of the Privy Council. A United
Kingdom tribunal, created in 1833, with jurisdiction to
hear certain admiralty and ecclesiastical appeals, and
certain appeals from the Commonwealth . From the
16th century until the 19th, the Court ofDelegates was
the final court of appeal in England for ecclesiastical
suits. During the reign ofWilliam IV, the power to hear
final appeals was transferred to the Privy Council, and
then to the Judicial Committee of the Privy Council.
The committee consists entirely oflay people; ecclesi
astics become members of the court only if an appeal
is brought under the Church Discipline Act. Even then
the ecclesiastics must be episcopal privy counselors.
The Judicial Committee's decisions are not treated as
binding precedent in the United Kingdom, but they are
influential because ofthe overlapping composition of
members ofthe Privy Council and the House ofLords

923
in its judicial capacity. Also termed Court ofFinal
Appeal.
judicial compensation. 1. The remuneration that judges
receive for their work. [Cases: Judges 922.]2. Civil
law. A court's judgment finding that two parties
are mutually obligated to one another and crafting
the amount of the judgment in accordance with the
amount that each party owes. - A claim for compensa
tion is usu. contained in a reconventional demand. La.
Code Civ. Proc. 1902. See reconventional demand under
DEMAND (1). [Cases: Set-off and Counterclaim 98.]
Judicial Conference ofthe United States. The policy
making body of the federal judiciary, responsible for
surveying the business of the federal courts, making
recommendations to Congress on matters affecting
the judiciary, and supervising the work ofthe Admin
istrative Office of the United States Courts. -The
Conference was originally established in 1923 as the
Conference of Senior Circuit Judges. 28 USCA  33l.
See ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS.
Judicial confession. See CONFESSION.
judicial contempt. See CONTEMPT (2).
judicial control. Civil law. A doctrine by which a court
can deny cancellation of a lease if the lessee's breach is
of minor importance, is not caused by the lessee, or is
based on a good-faith mistake offact. [Cases: Landlord
and Tenant 934.]
judicial council. (1925) A regularly assembled group
ofjudges whose mission is to increase the efficiency
and effectiveness ofthe courts on which they sit; esp., a
semiannual assembly of a federal circuit's judges called
by the circuit's chief judge. 28 USCA  332.
judicial day. See juridical day under DAY.
judicial declaration. See DECLARATION (1).
judicial dictum. See DICTUM.
judicial discretion. See DISCRETION (4).
judicial document. A court-filed paper that is subject
to the right of public access because it is or has been
both relevant to the judicial function and useful in
the judicial process. See Lugosch v. Pyramid Co. of
Onandaga, 435 F.3d llO, 119 (2d Cir. 2006).
judicial economy. (1942) EffiCiency in the operation of
the courts and the judicial system; esp., the efficient
management oflitigation so as to minimize duplica
tion ofeffort and to avoid wasting the judiciary's time
and resources. _ A court can enter a variety of orders
to promote judicial economy. For instance, a court may
consolidate two cases for trial to save the court and the
parties from haVing two trials, or it may order a separate
trial on certain issues if doing so would provide the
opportunity to avoid a later trial that would be more
complex and time-consuming.
judicial-economy exception. (1981) An exemption from
the final-judgment rule, by which a party may seek
immediate appellate review ofa nonfinal order ifdoing
so might establish a final or nearly final disposition Judicial Panel on Multidistrict Litigation
of the entire suit. See FINAL-JUDGMENT RULE. [Cases:
Appeal and Error 968; Federal Courts C=>572.J
judicial estoppel. See ESTOPPEL.
judicial evideuce. See EVIDENCE.
judicial fact. See judicially noticed fact under FACT.
judicial factor. See FACTOR.
judicial foreclosure. See FORECLOSURE.
judicial immunity. See IMMUNITY (1).
judicial insurance. See INSURANCE.
judicialize, vb. 1. To pattern (procedures, etc.) after a
court oflaw <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 judicial
ized>. judicialization, n.
judicial jurisdiction. See JURISDICTION.
judicial knowledge. See JUDICIAL NOTICE.
judicial law. See JUDGE-MADE LAW.
judicial legislation. 1. See JUDGE-MADE LAW (2). 2. See
LEGISLATION.
judicial lien. See LIEN.
judicially created double patenting. See DOUBLE PAT
ENTING.
judicially created


. See LIEN.
judicially created double patenting. See DOUBLE PAT
ENTING.
judicially created double-patenting rejection. See
REJECTION.
judicial morsel. See ordeal ofthe morsel under ORDEAL.
judicial mortgage. See MORTGAGE.
judicial notice. (17c) A court's acceptance, for purposes
of convenience and without requiring a party's proof, of
a well-known and indisputable fact; the court's power
to accept such a fact <the trial court took judicial notice
of the fact that water freezes at 32 degrees Fahrenheit>.
Fed R. Evid. 201. -Also termed judicial cognizance;
judicial knowledge. See judicially noticed fact under
FACT. [Cases: Criminal Law 9304; Evidence
1-52.]
judicial notice ofprior art. Patents. Acknowledgment
by the U.S. Patent and Trademark Office of all materi
als in its possession as prior art, for settling questions
of novelty and priority. _ Patents, applications, and
records of interferences and appeals may be submit
ted by citation alone.
;udiciallynoticed fact. See FACT.
judicial oath. See OATH.
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

924 judicial power
appoints its members. 2S USCA  1407. -Abbr. JPML.
[Cases: Federal Courts C:=> 151-157.]
judicial power. (16c) 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 ofgovernment are the legislative
power and the executive power. [Cases: Constitutional
Law C:=>2450-2609; Federal Courts C:=> 1.1; Judges C:=>
24.] 2. A power conferred on a public officer involving
the exercise ofjudgment 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 proceeding. See PROCEEDING.
judicial-proceedings privilege. See litigation privilege
under PRIVILEGE (1).
judicial process. See PROCESS.
judicial question. (lSc) 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 record. See DOCKET (1).
judicial remedy. See REMEDY.
judicial restraint. (1Sc) 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. [Cases: Appeal and Error
C:=>S43; Federal Courts C:=>756.] 3. A philosophy of
judicial decision-making whereby judges avoid indulg
ing 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. (lS51) 1. A court's power to review the
actions ofother branches or levels ofgovernment; esp.,
the courts' power to invalidate legislative and executive
actions as being unconstitutional. 2. The constitutional
doctrine providing for this power. 3. A court's review
of a lower court's or an administrative body's factual
or legal findings. [Cases: Administrative Law and Pro
cedure C:=>651-S21.]
de novo judicial review. (1955) A court's non deferential
review of an administrative decision, usu. through a
review of the administrative record plus any addi
tional evidence the parties present. -Also termed
de novo review. [Cases: Administrative Law and Pro
cedure C:=>744.]
plenary review. Appellate review by all the members
ofa court rather than a panel.
judicial robe. See ROBE (1). judicial sale. See SALE.
judicial self-restraint. 1. See JUDICIAL RESTRAINT (2).
2. See JUDICIAL RESTRAINT (3).
judicial separation. 1. See SEPARATION (1). 2. See SEP
ARATION (2). 3. See divorce a mensa et thoro under
DIVORCE.
judicial sequestration. See SEQUESTRATION.
judicial settlement. See SETTLEMENT (2).
judicial stacking. See STACKING.
judicial-tenure commission. A commission that reviews
complaints against judges, investigates those com
plaints, and makes recommendations about appropri
ate measures to the highest court in the jurisdiction.
[Cases: Judges C:=> 11.]
judicial trustee. See TRUSTEE (1).
judicial writ. See WRIT.
judicia populi (joo-dish-ee-<) pop-y<}-lr). [Latin] Roman
law. The criminal jurisdiction of the comitia. See
COMITIA.
judicia publica (joo-dish-ee-<) pab-li-b). [Latin] Roman
law. The jurisdiction ofthe quaestiones perpetuae. See
QUAESTIO PERPETUA.
judiciary (joo-dish-ee-er-ee or joo-dish-<}-ree), n. (ISc)
1. The branch of government responsible for inter
preting the laws and administering justice. Cf. EXEC
UTIVE (1); LEGISLATURE. [Cases: Constitutional Law
C:=>2450-2609; Judges C:=> 1.]2. A system ofcourts. 3.
A body ofjudges. -Also termed (in sense 3) judica
ture. -judiciary, adj.
judicia summaria (joo-dish-ee-<) s<}-mair-ee-<}). [Law
Latin "summary proceedings"] Scots law. Actions that
can be summarily disposed of.
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; VADI
MONIUM. 3. Scots law. 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-<}s), adj. (16c) Well-considered;
discreet; wisely circumspect <the court's judicious
application of the rules of evidence>. Cf. JUDICIAL.
judiciousness, n.
judicium (joo-dish-ee-<}m), n. [Latin] Hist. 1. A
judgment. 2. A judicial proceeding; a trial. 3. A court
or tribunal.  In Roman law, the plural judiCia refers
to criminal courts. PI. judicia.
judicium capitale (kap-i-tay-Iee). [Latin] Hist. A
judgment ofdeath; a capital sentence.
judicium parium (par-ee-<}m). [Latin] Hist. A judgment
of one's peers; a jury trial or verdict.

925
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 ofJustinian's explanation [lnst. 4.18.1], for the
view that these criminal trials were called 'public' as being
'of public interest: because, to use Blackstone's words,
their subject-matter affects the whole community." 2 E.C.
Clark, History ofRoman Private Law  10, at 441 (1914).
judicium Dei (joo-dish-ee-am dee-I). Hist. God's
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 ecclesiasticum. See FORUM ECCLESIASTICUM.
judicium parium. See JUDICIUM.
judicium publica. See JUDICIUM.
judicum rejectio (joo-di-bm ri-jek-shee-oh). [Latin]
Roman law. A litigant's right to exercise peremptory
challenges against a judge or a certain number of
jurors.
judicum sortitio (joo-di-kdm sor-tish-ee-oh). [Latin]
Roman law. The practice ofchoosing jurors by drawing
from an urn the names of eligible participants. -The
English word sortition (meaning "the drawing or
casting of!ots") derives from the Latin sortitio.
judicum subsortitio (joo-di-kam sab-sor-tish-ee-oh).
[Latin] Roman law. The practice of chOOSing supple
mental jurors (when necessary after peremptory chal
lenges have been exercised) by draWing from an urn
the names ofeligible participants.
juge (zhoozh), n. [French] French law. A judge.
juge de paix (zhoozh da pe or pay). An inferior judge;
esp., a police magistrate.
juge d'instruction (zhoozh dan-strook-syawn). A mag
istrate who conducts preliminary criminal proceed
ings, as by taking complaints, interrogating parties
and witnesses, and formulating charges.
juicio (hwee-syoh). Spanish law. 1. A trial or suit; litiga
tion. 2. Wisdom; prudence. 3. The capacity to distin
guish right from wrong and truth from falsehood.
juise (jUU-IZ) Hist. 1. A judgment, sentence, or penalty.
2. By extension, the instrument of punishment, esp.
a gibbet.
Julian calendar. See OLD STYLE.
jumbo certificate. A certificate ofdeposit of$100,000 or
more. -Also termed jumbo.
jumbo mortgage. See MORTGAGE.
jump bail, vb. (1889) (Ofan accused) to fail to appear in
court at the appointed time after promising to appear jura
and posting a bail bond. -Also termed skip bail. See
BAIL-JUMPING. (Cases: Bail ~97.1
jump citation. See pinpoint citation under CITATION
(3).
jumping a claim. Hist. 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 pre
emption laws ofthe United States.
Junian Latin, n. See LATINI JUNIANI.
junior, adj. (13c) Lower in rank or standing; subordinate
<a junior interest>.
junior bond. See BOND (3).
junior counsel. See COUNSEL.
junior creditor. See CREDITOR.
junior debt. See subordinate debt under DEBT.
junior execution. See EXECUTION.
junior interest. See INTEREST (2).
junior jndgment. See JUDGMENT.
junior lien. See LIEN.
junior mortgage. See MORTGAGE.
junior partner. See PARTNER.
junior party. Patents. 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. [Cases:
Patents ~106(1).]
junior security. See SECURITY.
junior user. Trademarks. A person other than the first
person to use a trademark. - A junior user may be per
mitted to continue using a mark in areas where the
senior user's 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; late
comer. See INNOCENT JUNIOR USER. Cf. SENIOR USER.
[Cases: Trademarks~1l37.]
innocent junior user. Trademarks. A person who,
without actual or constructive knowledge, uses a
trademark that has previously been used in a geo
graphically distant market, and who may continue to
use the trademark in a limited geographic area as long
as the senior user does not use the mark there.
junior writ. See WRIT.
junk asset. See troubled asset under ASSET.
junk bond. See BOND (3).
jura (joor-;, n. pl. [Latin] Rights. See IUS.
jura fiscalia (fis-kay-Iee-a). Hist. Fiscal rights; rights
of the Exchequer.
jurafixa (joor-a fik-S;l). Hist. Immovable rights.
jura in personam. A right to enforce a particu
lar person'


-S;l). Hist. Immovable rights.
jura in personam. A right to enforce a particu
lar person's obligation to another. See IUS IN
PERSONAM.
jura in rem. See JUS IN RE.

jural 926
jura majestatis (maj-a-stay-tis). Hist. Rights ofsover
eignty or majesty.
jura mixti dominii (miks-tI d;;-min-ee-I). Hist. Rights
of mixed dominion; the king's or queen's right or
power ofjurisdiction.
jura personarum (p;;r-sa-nair-;;m). Rights ofpersons.
See JUS PERSONARUM.
jura praediorum (pree-dee-or-am). Hist. The rights
of estates.
jura regalia (ri-gay-Iee-a). Hist. Royal rights; the pre
rogatives of the Crown. See REGALIA (1).
jura rerum (reer-am). Rights ofthings. See JUS RERUM.
jura summi imperii (sam-l im-peer-ee-I). Hist. Rights
ofsupreme dominion; rights of sovereignty.
jural Ooor-aI), adj. (17c) 1. Ofor relating to law or juris
prudence; legal <jural and equitable rules>. 2. Of or
relating to rights and obligations <jural relations>.
jural act. See ACT.
jural activity. See jural act under ACT.
jural agent. (2004) An official -someone who has the
appropriate authoritative status in society to enforce
or affect the society's legal system -who engages in a
jural act.  Common examples include judges, legisla
tors, and police officers acting in their official capaci
ties. See jural act under ACT.
jural cause. See proximate cause under CAUSE (1).
jura majestatis. See JURA.
juramentum (joor-a-men-tam), n. [Latin] Civil law. An
oath. PI. juramenta (joor-a-men-ta).
juramentum calumniae (k;;-Iam-nee-ee). An oath of
calumny. See oath ofcalumny under OATH.
juramentum corporalis (kor-pa-ray-lis). A corporal
oath. See corporal oath under OATH.
juramentum in litem (in II-tern or -tam). An oath in
litem. See oath in litem under OATH.
juramentum judiciale (joo-dish-ee-ay-lee). An oath
by which the judge defers the decision of the case to
either ofthe parties.
juramentum necessarium (nes-a-sair-ee-;lm). A neces
sary or compulsory oath.
juramentum voluntarium (vol-an-tair-ee-am). A vol
untaryoath.
jura mixti dominii. See JURA.
jurant (joor-;;nt), n. Archaic. One who takes an oath.
jurant, n.
jura personarum. See JURA.
jura praediorum. See JURA.
jura regalia. See JURA.
jura rerum. See JURA.
jura summi imperii. See JURA.
jurat (joor-at). (18c) 1. [fr. Latin jurare "to swear"] A
certification added to an affidavit or deposition stating when and before what authority the affidavit or depo
sition was made . A jurat typically says "Subscribed
and sworn to before me this __ day of [month},
[year]," and the officer (usu. a notary public) thereby
certifies three things: (1) that the person signing the
document did so in the officer's presence, (2) that the
signer appeared before the officer on the date indicated,
and (3) that the officer administered an oath or affirma
tion to the signer, who swore to or affirmed the contents
ofthe document. -Also termed jurata. Cf. VERIFICA
TION. [Cases: Affidavits C=::> 12.]
witness jurat. A subscribing witness's certificate
acknowledging the act ofwitnessing . Even though
this certificate is technically an acknowledgment and
not a true jurat, the phrase witness jurat is commonly
used. See ACKNOWLEDGMENT.
2. [fro Latinjuratus "one sworn"] In France and the
Channel Islands, a municipal officer or magistrate.
jurata (juu-ray-t;;), n. 1. Hist. A jury of 12 persons; esp.,
a jury existing at common law. 2. JURAT (1).
juration (juu-ray-shan). Archaic. 1. The act ofadminis
tering an oath. 2. The act ofswearing on oath.
jurative. See JeRATORY.
jurator Ouu-ray-t;;r). Archaic. See JUROR.
juratorial (joor-;;-toh-ri-;ll) adj. Of or pertaining to a
jury.
juratory (joor-a-tor-ee), adj. Of, relating to, or contain
ing an oath. -Also termed jurative.
juratory caution. 1. Maritime law. A court's permission
for an indigent to disregard filing fees and court costs.
 A suit upon a juratory caution is the equivalent ofa
suit in forma pauperis. The right was first recognized in
United States admiralty courts in Bradford V. Bradford,
3 F. Cas. 1129 (1878). See IN FORMA PAUPERIS. [Cases:
Admiralty C=::> 123.] 2. Scots law. A security given on
oath, such as a bond.
jure (joor-ee), adv. [Latin]!. By right; in right. 2. By law.
See DE JURE.
jure accessionis (joor-ee ak-sesh-ee-oh-nis). By the law
of natural accession . For example, the fruits of trees
on one's land are one's property jure accession is.
jure accretionis (;;-kree-shee-oh-nis). By right ofaccre
tion.
jure belli (bel-I). By the right or law of war.
jure civili (s;)-vI-h). By the civil law.
jure coronae (ka-roh-nee). In right ofthe Crown.
jure devolution is (dev-;l-loo-shee-oh-nis). By right of
devolution.
jure divino (di-Vl-noh). By divine right.
jure ecclesiae (e-klee-z[hlee-ee). By right ofthe church.
jure gentium (jen-shee-;lm). By the law of nations.
jure officii (a-fish-ee-I). By right ofoffice.
jure proprietatis (pra-pn-;)-tay-tis). By right of
property.

927
jure proprio (proh-pree-oh). By one's own proper
right.
jure repraesentationis (rep-r,,-zen-tay-shee-oh-nis).
By right of representation; in the right of another
person.
jure sanguinis (sang-gwi-nis). By right ofblood.
jure uxoris (<lk-sor-is). In right ofa wife.
jure gestionis (joor-ee jes-chee-oh-nis), n. [Latin "by way
ofdoing business"] A nation's acts that are essentially
commercial or private, in contrast to its public or gov
ernmental acts. _ Under the Foreign Sovereign Immu
nities Act, a foreign country's immunity is limited to
claims involVing its public acts. The statutory immunity
does not extend to claims arising from the private or
commercial acts ofa foreign state. 28 USCA  1605. Cf.
JURE IMPERII. See COMMERCIAL-ACTIVITY EXCEPTION;
RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY.
jure imperii (joor-ee im-peer-ee-I), n. [Latin "by right
of sovereignty"] The public acts that a nation under
takes as a sovereign state, for which the sovereign is
usu. immune from suit or liability in a foreign country.
Cf. JURE GESTIONIS; COMMERCIAL-ACTIVITY EXCEPTION.
See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY.
jure naturae. 1. See EX JURE NATURAE. 2. See NATURAL
LAW.
juridical (juu-rid-i-k<ll), adj. (16c) L Of or relating to
judicial proceedings or to the administration ofjustice.
2. Ofor relating to law; legal. Also termed juridic.
Cf. NONJURIDICAL.
juridical act. See ACT.
juridical day. See DAY.
juridical double taxation. See double taxation (3) under
TAXATION.
juridical link. (1947) A legal relationship between
members of a group, such as those in a potential class
action, sufficient to make a single suit more efficient or
effective than multiple suits. Also termed juridical
relationship. [Cases: Federal Civil Procedure (;:::::: 165;
Parties (';:;:'35.13.]
juridical person. See artificial person under PERSON
(3)
jurimetrics (joor-;;l-me-triks), n. (1949) The use of sci
entific or empirical methods, including measurement,
in the study or analysis oflega! matters. -jurimetri
dan (joor-a-me-trish-<ln), jurimetricist (joor-;;l-me
tr,,-sist), n.
"A variety of contextual frames of reference have been
employed by commentators to explain and clarify the
basis for judicial decision-making. the most fundamental
aspect of the judge's job. These range from exploration of
the judge's personality to the employment of small group
theory, game theory and Guttman scaling to measure and
apprehend the nature ofjudicial decision-making. Indeed,
the disciplined effort to identify with mathematical pre
cision the decision process has been dubiously termed
'jurimetrics,''' Alexander B. Smith & Abraham S. Blumberg,
"The Problem of Objectivity," in 2 Crime and Justice 485-86
(1971). jurisdiction
juris (joor-is), adj. [Latin]!. Oflaw. 2. Ofright.
juris divini (di-vI-m). Roman law. Of divine right;
subject to divine law. -The phrase appeared in refer
ence to churches or to religiOUS items that could not
be privately sold.
juris positivii. Ofpositive law.
juris privati (pri-vay-tI). Ofprivate right; relating to
private property or private law.
juris publici (p~b-li-Sl). Of public right; relating to
common or public use, or to public law.
juriscenter (joor-;;l-sen-t<lr or joor-;;l-sen-t"r), n. Conflict
oflaws. The jurisdiction that is most appropriately con
sidered a couple's domestic center ofgravity for matri
monial purposes. [Cases: Divorce <>:::2; Marriage
3.]
jurisconsult (joor-is-kon-s<llt or -k;m-s~lt). One who is
learned in the law, esp. in civil or international law;
JURIST.
jurisdictio contentiosa (joor-is-dik-shee-oh k<'ln-ten
shee-oh-s3). [Latin] Roman law. Contentious as opposed
to voluntary jurisdiction. See contentious jurisdiction
(1) under JURISDICTION.
jurisdictio emanata (joor-is-dik-shee-oh em-a-nay-t<l).
[Law Latin "a jurisdiction emanating from the court"]
Hist. A court's inherent jurisdiction, esp. to punish a
contemner. See CONTEMNER.
jurisdictio in consentientes (joor-is-dik-shee-oh in k<ln
sen-shee-en-teez). [Law Latin "jurisdiction over parties
by virtue oftheir consent"] Scots law. Consensual juris
diction. See consent jurisdiction under JURISDICTION.
jurisdiction, n. (14c) 1. A government's general power
to exercise authority over all persons and things within
its territory; esp., a state's power to create interests that
will be recognized under common-law principles as
valid in other states <New Jersey's jurisdiction>. [Cases:
States C=>1.] 2. A court's power to decide a case or issue
a decree <the constitutional grant of federal-question
jurisdiction>. -Also termed (in sense 2) competent
jurisdiction.; (in both senses) coram judice. [Cases:
Courts C-=>3; Federal Courts C=>3.1, 161.]
"Rules of jurisdiction in a sense speak from a position
outside the court system and prescribe the authority of
the courts within the system. They are to a large extent
constitutional rules. The provisions of the U.S. Constitution
specify the outer limits of the subject-matter jurisdiction
of the federal courts and authorize Congress, within those
limits, to establish by statute the organization and jurisdic
tion of the federal courts. Thus, Article III of the Consti
tution defines the judicial power of the United States to
include cases arising under federal law and cases between
parties of diverse state citizenship as well as other catego
ries. The U.S. Constitution, particularly the Due Process
Clause, also establishes limits on the jurisdiction of the
state courts. These due process limitations traditionally
operate in two areas: jurisdiction of the subject matter
and jurisdiction over persons. Within each state, the court
system is established by state constitutional provisions or
by a combination of such provisions and implementing leg
islation, which together define the authority of the various
courts Within the system." Fleming James Jr., Geoffrey C.
Hazard Jr. & John leubsdorf. Civil Procedure  2.1, at 55
(5th ed. 2001).

jurisdiction 928
3. A geographic area within which political or judicial
authority may be exercised <the accused fled to another
jurisdiction>. 4. A political or judicial subdivision
within such


be exercised <the accused fled to another
jurisdiction>. 4. A political or judicial subdivision
within such an area <other jurisdictions have decided
the issue differently>. Cf. VENUE. -jurisdictional,
adj.
agency jurisdiction. The regulatory or adjudicative
power of a government administrative agency over
a subject matter or matters. [Cases: Administrative
Law and Procedure ~303, 447.]
ancillary jurisdiction. (1835) A court's jurisdiction to
adjudicate claims and proceedings related to a claim
that is properly before the court.  For example, ifa
plaintiff brings a lawsuit in federal court based on a
federal question (such as a claim under Title VII),
the defendant may assert a counterclaim over which
the court would not otherwise have jurisdiction (such
as a state-law claim of stealing company property).
The concept ofancillary jurisdiction has now been
codified, along with the concept of pendent juris
diction, in the supplemental-jurisdiction statute.
28 USCA  1367. See supplemental jurisdiction. Cf.
pendent jurisdiction. [Cases: Admiralty ~1(3);
Courts ~27, 201; Equity ~35; Federal Courts
~20.]
anomalous jurisdiction. (1864) 1. Jurisdiction that is
not granted to a court by statute, but that is inherent
in the court's authority to govern lawyers and other
officers ofthe court, such as the power to issue a prein
dictment order suppressing illegally seized property.
[Cases: Criminal Law ~394.5(1); Federal Courts
~7;Searches and Seizures ~84.] 2. An appellate
court's provisional jurisdiction to review the denial
ofa motion to intervene in a lower-court case, so that
if the court finds that the denial was correct, then
its jurisdiction disappears -and it must dismiss the
appeal for want ofjurisdiction -because an order
denying a motion to intervene is not a final, appeal
able order. See ANOMALOUS-JURISDICTION RULE.
[Cases: Federal Courts ~555.]
appellate jurisdiction. (18c) The power of a court to
review and revise a lower court's decision. For
example, U.S. Const. art. III,  2 vests appellate
jurisdiction in the Supreme Court, while 28 USCA
 1291-1295 grant appellate jurisdiction to lower
federal courts of appeals. Cf. original jurisdiction.
[Cases: Appeal and Error ~17; Courts ~203-209;
Federal Courts ~541.]
arising-in jurisdiction. A bankruptcy court's juris
diction over issues relating to the administration of
the bankruptcy estate, and matters that occur only
in a bankruptcy case. 28 USCA  157, 1334. [Cases:
Bankruptcy ~2043-2063.]
assistant jurisdiction. The incidental aid provided by
an equity court to a court oflaw when justice requires
both legal and equitable processes and remedies.
Also termed auxiliary jurisdiction. common-law jurisdiction. 1. A place where the legal
system derives fundamentally from the English
common-law system <England, the United States,
Australia, and other common-law jurisdictions>. 2.
A court's jurisdiction to try such cases as were cogni
zable under the English common law <in the absence
ofa controlling statute, the court exercised common
law jurisdiction over those claims>.
complete jurisdiction. A court's power to decide
matters presented to it and to enforce its decisions.
[Cases: Admiralty ~5(3); Courts ~1; Equity ~
39.]
concurrent jurisdiction. (l7c) 1. Jurisdiction that might
be exercised simultaneously by more than one court
over the same subject matter and within the same ter
ritory, a litigant having the right to choose the court
in which to file the action. [Cases: Admiralty ~1(1);
Courts ~472,489, 510; Federal Courts ~1131.] 2.
Jurisdiction shared by two or more states, esp. over
the physical boundaries (such as rivers or other bodies
ofwater) between them. -Also termed coordinate
jurisdiction; overlapping jurisdiction. Cf. exclusive
jurisdiction.
"In several cases, two States divided by a river exercise
concurrent jurisdiction over the river, no matter where the
interstate boundary may be; in some cases by the Ordi
nance of 1787 for organizing Territories northwest of the
Ohio River, in some cases by Acts of Congress organizing
Territories or admitting States, and in some cases byagree
ments between the States concerned." 1Joseph H. Beale, A
Treatise on the Conflict of Laws  44.3, at 279 (1935).
consent jurisdiction. (1855) Jurisdiction that parties
have agreed to, either by accord, by contract, or by
general appearance . Parties may not, by agreement,
confer subject-matter jurisdiction on a federal court
that would not otherwise have it. [Cases: Courts ~
22.]
contentious jurisdiction. 1. A court's jurisdiction
exercised over disputed matters. 2. Eccles. law. The
branch ofecclesiastical-court jurisdiction that deals
with contested proceedings.
continuing jurisdiction. (1855) A court's power to
retain jurisdiction over a matter after entering a
judgment, allowing the court to modify its previous
rulings or orders. See CONTINUING-JURISDICTION
DOCTRINE. [Cases: Courts ~30; Federal Courts
~26.1.]
coordinate jurisdiction. See concurrent jurisdiction.
criminal jurisdiction. (16c) A court's power to hear
criminal cases. [Cases: Criminal Law ~83.]
default jurisdiction. Family law. In a child-custody
matter, jurisdiction conferred when it is in the best
interests of the child and either (1) there is no other
basis for jurisdiction under the Uniform Child
Custody Jurisdiction Act or the Parental Kidnap
ping Prevention Act, or (2) when another state has
declined jurisdiction in favor ofdefault jurisdiction.
 Jurisdiction is rarely based on default because either
home-state jurisdiction or significant-connection

929 jurisdiction
jurisdiction almost always applies, or else emergency
jurisdiction is invoked. Default jurisdiction arises
only if none of those three applies, or a state with
jurisdiction on any ofthose bases declines to exercise
it and default jurisdiction serves the best interests of
the child. [Cases: Child Custody C=>730, 731.]
delinquency jurisdiction. The power of the court to
hear matters regarding juvenile acts that, ifcommit
ted by an adult, would be criminaL Cf. status-offense
jurisdiction. [Cases: Infants'C=> 196.]
diversity jurisdiction. (1927) A federal court's exercise
of authority over a case involving parties who are
citizens ofdifferent states and an amount in contro
versy greater than a statutory minimum. 28 USCA
 1332. See DIVERSITY OF CITIZENSHIP; AMOUNT IN
CONTROVERSY. [Cases: Federal Courts (;::::281-360.]
emergency jurisdiction. Family law. A court's ability to
take jurisdiction of a child who is phYSically present in
the state when that child has been abandoned or when
necessary to protect the child from abuse. -Section
3(a)(3) of the Uniform Child Custody Jurisdiction Act
allows for emergency jurisdiction. It is usu. tempo
rary, lasting only as long as is necessary to protect the
child. [Cases: Child CustodyC=>753.]
equity jurisdiction. (lSc) In a common-law judicial
system, the power to hear certain civil actions accord
ing to the procedure of the court of chancery, and
to resolve them according to equitable rules. [Cases:
Equity Federal Courts C=>7.J
"[Tlhe term equity jurisdiction does not refer to jurisdiction
in the sense of the power conferred by the sovereign on
the court over specified subjectmatters or to jurisdiction
over the res or the persons of the parties in a particular
proceeding but refers rather to the merits. The want of
equity jurisdiction does not mean that the court has no
power to act but that it should not act, as on the ground,
for example, that there is an adequate remedy at law."
William Q. de Funiak, Handbook of Modern Equity 38 (2d
ed.1956).
exclusive jurisdiction. (lSc) A court's power to adju
dicate an action or class ofactions to the exclusion of
all other courts <federal district courts have exclusive
jurisdiction over actions brought under the Securities
Exchange Act>. Cf. concurrent jurisdiction. [Cases:
Courts ~"-::J472, 4S9, 510; Equity Federal
Courts 1131.J
extraterritorial jurisdiction. (ISIS) A court's ability
to exercise power beyond its territorial limits. See
LONG-ARM STATUTE. [Cases: Courts Federal
Courts
federal jurisdiction. (1S00) 1. The exercise of federal
court authority. [Cases: Federal Courts C:";)3.1.] 2. The
area ofstudy dealing with the jurisdiction of federal
courts.
federal-juvenile-delinquency jurisdiction. A federal
court's power to hear a case in which a person under
the age of IS violates federal law. -In such a case, the
federal court derives its jurisdictional power from 18
USCA  5031 et seq. The Act severely limits the scope
offederal-juvenile-delinquency jurisdiction because Congress recognizes that juvenile delinquency is
essentially a state issue. The acts that typically invoke
federal jurisdiction are (I) acts committed on federal
lands (military bases, national parks, Indian reserva
tions), and (2) acts that violate federal drug laws or
other federal criminal statutes.
federal-question jurisdiction. (I941) The exercise of
federal-court power over claims arising under the
U.S. Constitution, an act of Congress, or a treaty 28
USCA  1331. [Cases: Federal Courts C=>161-247.J
foreign jurisdiction. (l6c) 1. The powers of a court of
a sister state or foreign country. 2. Extraterritorial
process, such as long-arm service ofprocess.
general jurisdiction. (16c) 1. A court's authority to
hear a wide range of cases, civil or criminal, that
arise within its geographic area. [Cases: Courts
117.5-158.1; Federal Courts ~3.1,76.5.]2. A court's
authority to hear all claims against a defendant, at
the place of the defendant's domicile or the place of
service, without any showing that a connection exists
between the claims and the forum state. Cf. limited
jurisdiction; specific jurisdiction. [Cases: Courts
12(2.5); Federal Courts C=>76.1O.J
general personal jurisdiction. Jurisdiction arising
when a person's continuous and systematic contacts
with a forum state enable the forum state's courts to
adjudicate a claim against the person, even when the
claim is not related to the person's contacts with the
forum state. Cf. personal jurisdiction; specific personal
jurisdiction. [Cases: Courts 12(2.5); Federal
Courts
home-state jurisdiction. Family law. In interstate child
custody disputes governed by the Uniform Child
Custody Jurisdiction and Enforcement Act, jurisdic
tion based on the child's having been a resident of
the state for at least six consecutive months immedi
ately before the commencement ofthe suit. See HOME
STATE. [Cases: Child Custody
in personam jurisdiction. See personal jurisdiction.
in rem jurisdiction (in rem). (1930) A court's power
to adjudicate the rights to a given piece of property,
including the power to seize and hold it. -Also
termed jurisdiction in rem. See IN REM. Cf. personal
jurisdiction; subject-matter jurisdiction. [Cases:
Courts C=;'18-19; Federal Courts
international jurisdiction. A court's power to hear
and determine matters between different countries
or persons ofdifferent countries.
judicial jurisdiction. The legal power and authority of
a court to make a decision that binds the parties to
any matter properly brought before it.
jurisdiction in personam. See personal jurisdiction.
jurisdiction in rem. See in rem jurisdiction.
jurisdiction loci. See spatial jurisdiction.
jurisdiction ofthe person. See personal jurisdiction.
jurisdiction over the person. See personal jurisdiction.

jurisdiction 930
jurisdiction quasi in rem. See quasi-In-rem jurisdic
tion.
jurisdiction ratione materiae. See subject-matter juris
diction.
jurisdiction ratione personae. See personal jurisdic
tion.
jurisdiction ratione temporis. See temporal jurisdic
tion.
legislative jurisdiction. A legislature's general sphere
of authority to enact laws and conduct all business
related to that authority, such as holding hearings.
[Cases: States
limitedjurisdiction. (I6c) Jurisdiction that is confined
to a particular type of case or that may be exercised
only under statutory limits and prescriptions. Also
termed speCial jurisdiction. Cf. general jurisdiction.
[Cases: Courts ~159; Federal Courts ~5.]
"It is a principle of first importance that the federal courts
are courts of limited jurisdiction .... The federal courts ...
cannot be courts of general jurisdiction. They are empow
ered to hear only such cases as are within the judicial power
of the United States, as defined in the Constitution, and
have been entrusted to them by a jurisdictional grant by
Congress." Charles Alan Wright, The Law ofFederal Courts
 7, at 27 (5th ed. 1994).
long-arm jurisdiction. Jurisdiction over a nonresident
defendant who has had some contact with the juris
diction in which the petition is filed. [Cases: Courts
C::::o 12(2); Federal Courts
original jurisdiction. (17c) A court's power to hear