C::::o 12(2); Federal Courts
original jurisdiction. (17c) A court's power to hear and
decide a matter before any other court can review the
matter. Cf. appellate jurisdiction. [Cases: Courts ~
117.5-158.1,206; Federal Courts ~3.1.]
overlappingjurisdiction. See concurrent jurisdiction.
pendentjurisdiction (pen-d~nt). (1942) A court's juris
diction to hear and determine a claim over which it
would not otherwise have jurisdiction, because the
claim arises from the same transaction or occurrence
as another claim that is properly before the court.
For example, ifa plaintiff brings suit in federal court
claiming that the defendant, in one transaction,
violated both a federal and a state law, the federal
court has jurisdiction over the federal claim (under
federal-question jurisdiction) and also has jurisdic
tion over the state claim that is pendent to the federal
claim. Pendent jurisdiction has now been codified as
supplemental jurisdiction. 28 USCA  1367. -Also
termed pendent-claim jurisdiction. See supplemental
jurisdiction. Cf. ancillary jurisdiction. [Cases: Courts
Cr~27; Equity Federal Courts Cr'-:::>14.]
pendent-party jurisdiction. (1973) A court's jurisdic
tion to adjudicate a claim against a party who is not
otherwise subject to the court's jurisdiction, because
the claim by or against that party arises from the
same transaction or occurrence as another claim that
is properly before the court.  Pendent-party juris
diction has been a hotly debated subject, and was
severely limited by the U.S. Supreme Court in Finley
v. United States, 490 U.S. 545, 109 S.Ct. 2003 (1990). The concept is now codified in the supplemental
jurisdiction statute, and it applies to federal-question
cases but not to diversity-jurisdiction cases. 28 USCA
 1367. Neither pendent-party jurisdiction nor supple
mental jurisdiction may be used to circumvent the
complete-diversity requirement in cases founded on
diversity jurisdiction. See supplemental jurisdiction.
[Cases: Federal Courts ~'23.]
personal jurisdiction. A court's power to bring a
person into its adjudicative process; jurisdiction
over a defendant's personal rights, rather than merely
over property interests. Also termed in personam
jurisdiction; jurisdiction in personam; jurisdiction of
the person; jurisdiction over the person; jurisdiction
ratione personae. See IN PERSONAM. Cf. in rem juris
diction; general personal jurisdiction; specific personal
jurisdiction. [Cases: Admiralty Constitutional
Law ~3963-3965; Courts ~10; Federal Courts
~71-97.1
plenary jurisdiction (plee-n~-ree or plen-;>-ree). A
court's full and absolute power over the subject matter
and the parties in a case.
primaryjurisdiction. The power of an agency to decide
an issue in the first instance when a court, having
concurrent jurisdiction with the agency, determines
that it would be more pragmatic for the agency to
handle the case initially. See PRIMARY-JURISDICTION
DOCTRINE. [Cases: Administrative Law and Proce
dure~3228.1.]
'The doctrine of primary jurisdiction typically is raised,
not in a proceeding before an administrative agency, but
in litigation before a court. Agency and court jurisdiction
to resolve disputes and issues frequently overlap. Primary
jurisdiction is a concept used by courts to allocate initial
decision-making responsibility between agencies and
courts where such overlaps exist... , A holding that an
agency has primary jurisdiction to resolve an issue raised
in ajudicial proceeding has two important consequences.
First, it transfers some of the power to resolve that issue
to the agency.... Second, if the issues referred to the
agency as within its primary jurisdiction are critical to
judicial resolution of the underlying dispute, the court
cannot proceed with the trial of the case until the agency
has resolved those issues and the agency's decision has
been either affirmed or reversed by a reviewing court."
Richard j. Pierce Jr. et aI., Administrative Law Process 206,
20708 (3d ed. 1999).
probate jurisdiction. Jurisdiction over matters relating
to wills, settlement ofdecedents' estates, and (in some
states) guardianship and the adoption of minors.
[Cases: Courts <>.j198; Federal Courts ~9.]
prorogated jurisdiction. Civil law. Jurisdiction con
ferred by the express consent of all the parties on a
judge who would otherwise be disqualified. Cf. tacit
prorogation under PROROGATION.
quasi-in-rem jurisdiction (kway-sI in rem or kway-zI).
(1918) Jurisdiction over a person but based on that
person's interest in property located within the court's
territory. -Also termed jurisdiction quasi in rem.
See quasi in rem under IN REM. [Cases: Courts
16; Federal Courts (';:;:>93.]

931 jurisdiction clause
significant-connection jurisdiction. Family law. In a I criminal case without referring it to the Crown Court
child-custody matter, jurisdiction based on (1) the
best interests of the child, (2) at least one parent's (or
litigant's) significant connection to the state, and (3)
the presence in the state ofsubstantial evidence about
the child's present or future care, protection, training,
and personal relationships. _ This type ofjurisdic
tion is conferred by both the Uniform Child Custody
Jurisdiction Act and the Parental Kidnapping Pre
vention Act. Generally, the home state will also be
the state with Significant connections and substantial
evidence. Jurisdiction based on a Significant connec
tion or substantial evidence alone is conferred only
when the child has no home state. Also termed
significant-connectionlsubstantial-evidence jurisdic
tion; significant connection-substantial evidence juris
diction; substantial-evidence jurisdiction. See HOME
STATE. [Cases: Child Custody (;::::J735.]
spatial jurisdiction. Jurisdiction based on the physical
territory that an entity's authority covers. Also
termed jurisdiction loci.
special jurisdiction. See limited jurisdiction.
specific jurisdiction. (1828) Jurisdiction that stems
from the defendant's having certain minimum
contacts with the forum state so that the court may
hear a case whose issues arise from those minimum
contacts. Cf. general jurisdiction. [Cases: Courts
12(2.10); Federal Courts (;::::J76.1O.]
specific personal jurisdiction. Jurisdiction based on
a person's minimum contacts with the forum state
when the claim arises out of or is related to those
contacts. See MINIMUM CONTACTS. Cf. personal juris
diction; general personal jurisdiction. [Cases: Courts
G=-12(2.1O); Federal Courts (;::::J76.1O.)
state jurisdiction. 1. The exercise ofstate-court author
ity. 2. A court's power to hear all matters, both civil
and criminal, arising within its territorial boundar
ies.
status-offense jurisdiction. The power of the court to
hear matters regarding noncriminal conduct com
mitted by a juvenile. See status offense under OFFENSE
(l). Cf. delinquency jurisdiction.
subject-matter jurisdiction. (1936) Jurisdiction over
the nature of the case and the type of relief sought;
the extent to which a court can rule on the conduct
of persons or the status of things. -Also termed
jurisdiction ofthe subject matter; jurisdiction ofthe
cause;jurisdiction over the action;jurisdiction ratione
materiae. Cf. personal jurisdiction. [Cases: Courts (;::::J
4; Federal Courts C=~'3.1.1
summary jurisdiction. (18c) 1. A court's jurisdiction
in a summary proceeding. 2. The court's authority
to issue a judgment or order (such as a finding of
contempt) without the necessity of a trial or other
process. 3. English law. A court's power to make an
order immediately, without obtaining authority or
referral, as in a magistrate's power to dispose of a for a formal trial or without drawing a jury.
supplemental jurisdiction. (1836) Jurisdiction over a
claim that is part of the same case or controversy as
another claim over which the court has original juris
diction. Since 1990, federal district courts have had
supplemental jurisdiction which includes jurisdic
tion over both ancillary and pendent claims. 28 USCA
 1367. See ancillary jurisdiction; pendent jurisdiction.
[Cases: Courts (;::::J27; EquityG':::::>35; Federal Courts
G:='14.J
temporal jurisdiction. Jurisdiction based on the court's
having authority to adjudicate a matter when the
underlying event occurred. -Also termed jurisdic
tion ratione temporis.
territorial jurisdiction. 1. Jurisdiction over cases
arising in or involVing persons residing within a
defined territory. [Cases: Courts C=:->29, 171; Federal
Courts (;::::J71.] 2. Territory over which a government,
one of its courts, or one of its subdivisions has juris
diction.
transient jurisdiction (tran-shant). Personal jurisdic
tion over a defendant who is served with process while
in the forum state only temporarily (such as during
travel). [Cases: Courts G~'13.]
voluntary jurisdiction. 1. Jurisdiction exercised
over unopposed matters. 2. Eccles. law. Jurisdic
tion that does not require a judicial proceeding, as
with granting a license or installing a nominee to a
benefice.
jurisdictional amount. See AMOUNT IN CONTROVERSY.
jurisdictional discovery. See DISCOVERY.
jurisdictional fact. See FACT.
jurisdictional-fact doctrine. Administrative law. The
principle that if evidence is presented challenging the
factual findings that triggered an agency's action, then
a court will review the facts to determine whether the
agency had authority to act in the first place. -This
doctrine is generally no longer applied. Cf. CONS'fITU
TIONAL-FACT DOCTRINE. [Cases: Administrative Law
and Procedure C='795.j
jurisdictional gerrymandering. See GERRYMANDER
ING (2).
jurisdictional limits. (1800) The geographic boundaries
or the constitutional or statutory limits within which a
court's authority may be exercised.
jurisdiction loci. See spatial jurisdiction under JURIS
DICTION.
jurisdictional plea. See PLEA (3).
jurisdictional statement. See JURISDICTION CLAUSE (1).
jurisdictional strike. See STRIKE.
jurisdiction clause. (1861) 1. At law, a statement in a
pleading that sets forth the court's jurisdiction to act
in the case. Also termed jurisdictional statement. 2.
Equity practice. The part of the bill intended to show
that the court has jurisdiction, usu. by an averment

932 jurisdiction in personam
that adequate relief is unavailable outside equitable
channels.
jurisdiction in personam. See personal jurisdiction
under JURISDICTION.
jurisdiction in rem. See in rem jurisdiction under JURIS
DICTIO)'!.
jurisdiction is fundandae (joor-is-dik-shee-oh-nis f;m
dan-dee). [Law Latin] Scots law. For the purpose of
founding jurisdiction. See ARRESTUM rURISDICTIONIS
FUNDANDAE CAUSA.
jurisdiction ofthe cause. See subject-matter jurisdiction
under JURISDICTION.
jurisdiction of the person. See personal jurisdiction
under JURISDICTION.
jurisdiction of the subject matter. See subject-matter
jurisdiction under JURISDICTION.
jurisdiction over the action. See subject-matter jurisdic
tion under JURISDICTION.
jurisdiction over the person. See personal jurisdiction
under JURISDICTION.
jurisdiction quasi in rem. See quasi-in-rem jurisdiction
under JURISDICTION.
jurisdiction ratione materiae. See subject-matter juris
diction under JURISDICTION.
jurisdiction ratione personae. See personal jurisdiction
under JURISDICTION.
jurisdiction ratione temporis. See temporal jurisdiction
under JURISDICTION.
jurisdictio 1'oluntaria (joor-is-dik-shee-oh vol-;m-tair
ee-,,). [Latin] Roman law. Voluntary jurisdiction. See
voluntary jurisdiction under JURISDICTION.
Juris Doctor (joor-is dok-t<lr). (IS95) Doctor oflaw the
law degree most commonly conferred by an American
law school. -Abbr. J.D. Also termed Doctor ofJuris
prudence; Doctor ofLaw. Cf. MASTER OF LAWS; LL.B.;
LL.D.; DOCTOR OF LAWS.
juris et de jure (joor-is et dee joor-ee). [Latin] Oflaw
and of right <a presumption juris et de jure cannot be
rebutted>.
jurisinceptor (joor-is-in-sep-t<lr). [Latin] Rist. A student
ofthe civil law.
jurisperitus (joor-is-p"-rI-t,,s), adj. [Latin] (Of a person)
skilled or learned in law. See LEGISPERITUS.
juris positi1'ii. See JURIS.
juris privati. See JURIS.
jurisprude (joor-is-prood), n. (1937) 1. A person who
makes a pretentious display oflegal knowledge or who
is overzealous about the importance oflegal doctrine.
2. JURISPRUDENT.
jurisprudence (joor-is-prood-"nts), n. (17c) 1. Origi
nally (in the 18th century), the study of the first prin
ciples of the law of nature, the civil law, and the law of
nations. Also


th century), the study of the first prin
ciples of the law of nature, the civil law, and the law of
nations. Also termed jurisprudentia naturalis (joor
is-proo-den-shee-" nach-,,-ray-lis). 2. More modernly, the study of the general or fundamental elements of
a particular legal system, as opposed to its practical
and concrete details. 3. The study oflegal systems in
general. 4. Judicial precedents considered collectively.
5. In German literature, the whole oflegal knowledge.
6. A system, body, or division oflaw. 7. CASELAW.
"Jurisprudence addresses the questions about law that an
intelligent layperson of speculative bent not a lawyer
might think particularly interesting. What is law? ... Where
does law come from? ... Is law an autonomous disci
pline? ... What is the purpose of law? . , . Is law a science,
a humanity, or neither? ... A practicing lawyer or ajudge
is apt to think questions of this sort at best irrelevant to
what he does, at worst naive, impractical, even childlike
(how high is up?)." Richard A. Posner, The Problems ofJuris
prudence 1 (1990).
analytical jurisprudence. (1876) A method of legal
study that concentrates on the logical structure oflaw,
the meanings and uses ofits concepts, and the formal
terms and the modes ofits operation.
censorial jurisprudence. See LAW REFORM.
comparati1'ejurisprudence. See COMPARATIVE LAW.
equity jurisprudence. (1826) 1. The legal science
treating the rules, principles, and maxims that govern
the decisions of a court of equity. 2. The cases and
controversies that are considered proper subjects of
equity. 3. The nature and form ofthe remedies that
equity grants.
ethical jurisprudence. (1S26) TI1e branch oflegal phi
losophy concerned with the law from the viewpoint
of its ethical significance and adequacy . This area
of study brings together moral and legal philoso
phy. -Also termed (in German) Rechtsphilosophie;
(in French) philo sophie du droit.
expository jurisprudence. (ISc) The scholarly expo
sition of the contents of an actual legal system as it
now exists or once existed. Also termed systematic
jurisprudence.
feminist jurisprudence. (1978) A branch of jurispru
dence that examines the relationship between women
and law, including the history of legal and social
biases against women, the elimination ofthose biases
in modern law, and the enhancement ofwomen's legal
rights and recognition in society.
''The first published use of the phrase 'feminist jurispru
dence' occurred in 1978 when Professor Ann Scales pub
lished an article called Toward a Feminist Jurisprudence.
Feminist legal theory is diverse, and anything but mono
lithic. Many feminists believe that it is difficult to general
ize about feminist jurisprudence. It is, however, possible
to understand feminist legal theory as a reaction to the
jurisprudence of modern legal scholars (primarily male
scholars) who tend to see law as a process for interpret
ing and perpetuating a universal, gender-neutral public
morality. Feminist legal scholars, despite their differences,
appear united in claiming that 'masculine' jurisprudence of
'all stripes' fails to acknowledge, let alone respond to. the
interests, values, fears, and harms experienced by women."
Gary Minda, Postmodern Legal Movements 129-30 (1995).
general jurisprudence. (18c) 1. The scholarly study of
the fundamental elements ofa given legal system.
Also termed jurisprudentia generalis.

933
"The term 'general jurisprudence' involves the mislead
ing suggestion that this branch of legal science is that
which relates not to any single system of law, but to those
conceptions and principles that are to be found in ali devel
oped legal systems, and which are therefore in this sense
general. It is true that a great part of the matter with which
it is concerned is common to all mature systems of law. All
of these have the same essential nature and purposes, and
therefore agree to a large extent in their first principles. But
it is not because of universal reception that any principles
pertain to the theory or philosophy of law. For this purpose
such reception is neither sufficient nor necessary. Even if
no system in the world save that of England recognised
the legislative efficacy of judicial precedents, the theory
of case-law would none the less be a fit and proper subject
of general jurisprudence. Jurisprudentia generalis is not
the study of legal systems in general, but the study of
the general or fundamental elements of a particular legal
system." John Salmond, JurispF'Udence 3 n.(b) (Glanville L.
Williams ed., 10th ed. 1947).
2. The scholarly study of the law, legal theory, and
legal systems generally. -Also termed jurisprudentia
universalis;philosophy oflaw; legal philosophy.
"According to Austin (1790-1859), general jurisprudence
is the study of the 'principles, notions and distinctions'
common to the maturer systems of law." Rupert Cross &
JW_ Harris, Precedent in English Law 2 (4th ed. 1991).
historical jurisprudence. (1823) 1he branch ofIegal
philosophy concerned with the history of the first
principles and conceptions ofa legal system, dealing
with (1) the general principles governing the origin
and development oflaw, and (2) the origin and devel
opment of the legal system's first principles.
"Historical jurisprudence was a passive restraining mode
of thought on legal subjects by way of reaction from the
active creative thought of the era of philosophy. It was a
reaction, too, from the confident disregard of traditional
legal institutions and conditions of time and place which
characterized the French Revolution. We were not ready
for it in the fore part of the last century. But we accepted it
eagerly toward the end of that century when it was already
moribund in Europe." Roscoe Pound, The Formative Era of
American Law 113 (1938).
jurisprudence constante (bn-stan-tee). Civil law. The
doctrine that a court should give great weight to a
rule oflaw that is accepted and applied in a long line
of cases, and should not overrule or modify its own
decisions unless clear error is shown and injustice will
arise from continuation ofa particular rule oflaw .
Civil-law courts are not bound by the common-law
doctrine of stare decisis. But they do recognize the
doctrine ofjurisprudence constante, which is similar
to stare decisis, one exception being that jurispru
dence constante does not command strict adherence
to a legal principle applied on one occasion in the
past. Cf. STARE DECISIS_ [Cases: Courts (>='89.]
jurisprudence ofconceptions. (1908) The extension
of a maxim or definition, usu. to a logical extreme,
with relentless disregard for the consequences .
The phrase appears to have been invented by Roscoe
Pound. See Mechanical Jurisprudence, 8 Colum. L.
Rev. 605, 608 (1908)_
normative jurisprudence. See NATURAL LAW (2). juror
particular jurisprudence. (I8c) The scholarly study of
the legal system within a particular jurisdiction, the
focus being on the fundamental assumptions of that
system only.
positivist jurisprudence. (1931) A theory that denies
validity to any law that is not derived from or sanc
tioned by a sovereign or some other determinate
source. Also termed positivistic jurisprudence.
sociological jurisprudence. (1907) A philosophical
approach to law streSSing the actual social effects of
legal institutions, doctrines, and practices. This
influential approach was started by Roscoe Pound in
1906 and became a precursor to legal realism. -Also
termed sociology oflaw. See LEGAL REALISM.
systematic jurisprudence. See expository jurispru
dence.
therapeutic jurisprudence. The study of the effects of
law and the legal system on the behavior, emotions,
and mental health ofpeople; esp., a multidisciplinary
examination of how law and mental health interact.
 This discipline originated in the late 1980s as an
academic approach to mental-health law.
jurisprudent, n. (17c) A person learned in the law; a spe
cialist in jurisprudence. -Also termed jurisprude.
jurisprudentia generalis. See general jurisprudence (1)
under JURISPRUDENCE.
jurisprudential (joor-is-proo-den-sh;}l), adj. Of or
relating to jurisprudence.
jurisprudentia naturalis. See JURISPRUDENCE (1).
jurisprudentia universalis. Seegeneral jurisprudence (2)
under JURISPRUDENCE.
juris publici. See JURIS.
jurist. (ISc) 1. A person who has thorough knowledge
of the law; esp., a judge or an eminent legal scholar.
Also termed legist. 2. JURISPRUDENT.
juristic, adj. (1831) 1. Of or relating to a jurist <juristic
literature>. 2. Ofor relating to law <a corporation is a
typical example of a juristic person>. Also termed
juristical.
juristic act. See act in the law under ACT.
juristic person. See artificial person under PERSON (3).
Juris utriusque Doctor. See J.U.D.
juror (joor-;-Jr also joor-or). (14c) A person serving on a
jury panel. -Also formerly termed layperson.
grand juror. A person serving on a grand jury.
petitjuror (pet-ee). A trial jUfor, as opposed to a grand
juror.
presidingjuror. The juror who chairs the jury during
deliberations and speaks for the jury in court by
announcing the verdict.  The presiding juror is usu.
elected by the jury at the start ofdeliberations. -Also
termed foreman;foreperson;{in Scots law) jury chan
cellor. [Cases: Jury C:::> 147.]

934 juror misconduct
stealth juror. A juror, esp. one in a high-profile case,
who deliberately fails to disclose a relevant bias in
order to qualify as a juror and bases a decision on that
bias rather than on the facts and law. Although a
stealth juror may be fined or prosecuted for perjury
based on a lie or omission, the usual penalty is only
removal from the jury.
tales-juror (tay-leez- or taylz-joor-<lr). See TALESMA",".
juror misconduct. See MISCO","DUCT.
jury, n. (15c) A group of persons selected according to
law and given the power to decide questions offact and
return a verdict in the case submitted to them. In
certain contexts, jury embraces any fact-trier, includ
ing an arbitrator or a trial judge sitting in a nonjury
proceeding. -Also termed empaneled jury; impan
eledjury.
advisory jury. (1892) A jury empaneled to hear a case
when the parties have no right to a jury trial. See Fed.
R. Civ. P. 39(c). The judge may accept or reject the
advisory jury's verdict. [Cases: Federal Civil Proce
dure (;:J2252; Trial (;:J369.]
blue-ribbon jury. (1940) A jury consisting of jurors
who are selected for their special qualities, such as
advanced education or special training, sometimes
used in a complex civil case (usu. by stipulation ofthe
parties) and sometimes also for a grand jury (esp. one
investigating governmental corruption) . A blue
ribbon jury is not allowed in criminal trials because
it would violate the defendant's right to trial by a jury
ofpeers. An even more elite group ofjurors, involving
specialists in a technical field, is called a blue-blue
ribbon jury.
common jury. See petit jury.
coroner's jury. (17c) A jury summoned by a coroner
to investigate the cause of death. [Cases: Coroners
(::::.)12.]
deadlocked jury. See hung jury.
death-qualified jury. Criminal law. A jury that is fit
to decide a case involving the death penalty because
the jurors have no absolute ideological bias against
capital punishment. Cf.lije-qualified jury. [Cases: Jury
(::=33(2.15).]
fair and impartial jury. See impartial jury.
foreign jury. A jury obtained from a jurisdiction other
than that in which the case is brought. [Cases: Jury
good jury. See speCial jury.
grand jury. See GRAND JURY.
homage jury. Hist. A jury in a court baron, conSisting
of tenants who made homage to the lord. See COURT
BARON.
hungjury. (1854) A jury that cannot reach a verdict by
the required voting margin. Also termed dead
locked jury.
impartial jury. (17c) A jury that has no opinion about
the case at the start of the trial and that bases its verdict on competent legal evidence. Also termed
fair and impartial jury. [Cases: Jury
inquest jury. (1873) A jury summoned from a particu
lar district to appear before a sheriff, coroner, or other
ministerial officer and inquire about the facts con
cerning a death. See INQUEST. Also termed jury of
inquest. [Cases: Coroners
jury de medietate linguae (dee mee-dee-<l-tay-tee ling
gwee). [Latin "jury of halfness oflanguage"] Hist. A
jury made up ofhalf natives and half aliens, allowed
when one ofthe parties is an alien.
jury ofindictment. See GRAND JURY


half aliens, allowed
when one ofthe parties is an alien.
jury ofindictment. See GRAND JURY.
jury ofinquest. See inquest jury.
jury ofmatrons. Hist. A jury of"discreet and lawful
women" impaneled to try a question of pregnancy,
as when a woman sentenced to death pleads, in stay
of execution, that she is pregnant.
jury ofthe vicinage (vis-~-nij). 1. At common law, a
jury from the county where the crime occurred. 2.
A jury from the county where the court is held. See
VICINAGE. [Cases: Jury (::=33(3).]
life-qualified jury. Criminal law. In a case involving a
capital crime, a jury selected from a venire from which
the judge has excluded anyone unable or unwilling to
consider a sentence oflife imprisonment, instead of
the death penalty, if the defendant is found guilty. Cf.
death-qualified jury. [Cases: Jury (;:J33(2.15).]
mixed jury. (1878) A jury composed of both men and
women or persons ofdifferent races. [Cases: Jury (;:J
8.]
petit jury (pet-ee). (15c) A jury (usu. consisting of6 or
12 persons) summoned and empaneled in the trial of
a specific case. Also termed petty jury; trial jury;
common jury; traverse jury. Cf. GRAND JURY.
police jury. See POLICE JURY.
presentingjury. See GRAND JURY.
rogue jury. A jury that ignores the law and evidence in
reaching a capricious verdict.  Rogue juries include
those that base their verdicts on unrevealed, deeply
held prejudices; on undue sympathy or antipathy
toward a party; or on chance (as by tossing a coin).
The verdicts often result in inappropriate awards,
punishments, convictions, or acquittals. Unlike jury
nullification, a rogue jury's verdict is not based on a
desire to achieve a just, fair, or moral outcome. Cf.
JURY NULLIFICATION.
shadow jury. (1974) A group of mock jurors paid to
observe a trial and report their reactions to a jury
consultant hired by one of the litigants . The shadow
jurors, who are matched as closely as possible to the
real jurors, provide counsel with information about
the jury's likely reactions to the trial. Also termed
phantom jury.
sheriff's jury. Hist. A jury selected and summoned by a
sheriff to hold inquests for various purposes, such as
assessing damages in an action in which the defendant

935
makes no defense or ascertaining the mental condi
tion ofan alleged lunatic.
special jury. (l7c) 1. A jury chosen from a panel that
is drawn specifically for that case. Such a jury is
usu. empaneled at a party's request in an unusually
important or complicated case. Also termed struck
jury. See STRIKING A JURY. [Cases: Jury (;=>6, 71.] 2.
At common law, a jury composed ofpersons above
the rank ofordinary freeholders, usu. summoned to
try more important questions than those heard by
ordinary juries. Also termed good jury.
struck jury. (i8c) 1. A jury selected by allowing the
parties to alternate in striking from a list any person
whom a given party does not wish to have on the
jury, until the number is reduced to the appropriate
number (traditionally 12). See STRIKING A JURY. 2. See
special jury (1). [Cases: Jury (;=>6, 71.]
traverse jury. See petit jury.
trial jury. See petit jury.
jury box. The enclosed part of a courtroom where the
jury sits. Also spelled jury-box.
jury challenge. See CHALLENGE (2).
jury chancellor. See presidingjuror under JUROR.
jury charge. (1883) 1. JURY INSTRUCTION. 2. A set ofjury
instructions. -Often shortened to charge.
jury commissioner. See COMMISSIONER.
jury direction. See JURY INSTRUCTION.
jury duty. (1829) 1. The obligation to serve on a jury. 2.
Actual service on a jury. -Also termed jury service.
jury fee. See FEE (1).
jury-fixing. (1887) The act or an instance of illegally
procuring the cooperation of one or more jurors who
actually influence the outcome of the trial. -Also
termed fiXing a jury. Cf. EMBRACERY; fURY-PACKING.
jury-fixer, n.
jury instruction. (usu. pI.) (1943) A direction or gUide
line that a judge gives a jury concerning the law of the
case. Often shortened to instruction. -Also termed
jury charge; charge; jury direction; direction. [Cases:
Criminal Law (;=>769; Federal Civil Procedure
2171-2185; Trial (;=>182.J
additional instruction. (1821) A jury charge, beyond
the original instructions, that is usu. given in
response to the jury's question about the evidence or
some point oflaw. Also termed further instruction.
[Cases: Criminal Law (;:='863; Federal Civil Proce
dure (;::>1975; Trial 314(1).]
affirmative converse instruction. (1966) An instruction
presenting a hypothetical that, if true, commands a
verdict in favor of the defendant. An affirmative
converse instruction usu. begins with language such
as "your verdict must be for the defendant if you
believe ...." [Cases: Trial (;=>203(3).]
affirmative instruction. (1835) An instruction that
removes an issue from the jury's consideration, jury instruction
such as an instruction that whatever the evidence,
the defendant cannot be convicted under the indict
ment count to which the charge is directed. -Also
termed affirmative charge. [Cases: Criminal Law(;:='
754; Trial (;=>194,234(4),
argumentative instruction. (1888) An instruction
that assumes facts not in evidence, that Singles out
or unduly emphasizes a particular issue, theory, or
defense, or that otherwise invades the jury's province
regarding the weight, probative value, or sufficiency of
the evidence. [Cases: Criminal Law C='807; Federal
Civil Procedure (;=>2173.1; Trial (;=>240.]
binding instruction. See mandatory instruction.
cautionary instruction. (l881) 1. A judge's instruction
to the jurors to disregard certain evidence or consider
it for specific purposes only. [Cases: Criminal Law
(~673, 783, 783.5; Federal Civil Procedure (;=>2173;
Trial (;=>133.6(2), 207, 208.] 2. A judge's instruction
for the jury not to be influenced by outside factors and
not to talk to anvone about the case while the trial is in
progress. [Case~: Criminal LawC=>768, 852; Federal
Civil Procedure (;=>2173; Trial (;:=>201, 217.J
conscious-avoidance instruction. See willful-blindness
instruction.
curative instruction. (1890) A judge's instruction that is
intended to correct an erroneous instruction. [Cases:
Federal Civil Procedure Trial (;=>296.]
deliberate-indifference instruction. See JEWELL IN
STRUCTION.
disparaging instruction. A jury charge that discredits
or defames a party to a lawsuit.
formula instruction. (1927) Ajurycharge derived from
a standardized statement ofthe law on which the jury
must base its verdict.
further instruction. See additional instruction.
general instruction. Any jury instruction that does not
present a question or issue to be answered.
Jewell instruction. See JEWEI.L INSTRUCTION.
mandatory instruction. (1895) An instruction requir
ing a jury to find for one party and against the other if
the jury determines that, based on a preponderance of
the evidence, a given set offacts exists. -Also termed
binding instruction. [Cases: Trial (;:=234(3, 4), 253.]
model jury instruction. (1964) A form jury charge usu.
approved by a state bar association or similar group
regarding matters arising in a typical case . Courts
usu. accept model jury instructions as authorita
tive. Also termed pattern jury instruction; pattern
jury charge; model jury charge. [Cases: Criminal Law
(;=>805(1); Federal Civil Procedure (;=>2173.1; Trial
(;=>228(1).]
ostrich instruction. (1966) Criminal procedure. Slang.
An instruction stating that a defendant who delib
erately avoided acquiring actual knowledge can be
found to have acted knOWingly. Cf. JEWELL INSTRUC
TION. [Cases: Criminal Law (;=>772(5).]

936 jury list
pattern jury instruction. See model jury instruction.
peremptory instruction. (1829) A court's explicit direc
tion that a jury must obey, such as an instruction to
return a verdict for a particular party. See directed
verdict under VERDICT. [Cases: Federal Civil Proce
dure C=>2173.1, 2174; Trial C=> 167,234,253.]
single-juror instruction. (1980) An instruction stating
that if any juror is not reasonably satisfied with the
plaintiff's evidence, then the jury cannot render a
verdict for the plaintiff.
special instruction. (1807) An instruction on some par
ticular point or question involved in the case, usu.
in response to counsel's request for such an instruc
tion. -Also termed special charge.
standard instruction. (1914) A jury instruction that has
been regularly used in a given jurisdiction.
willful-blindness instruction. An instruction that an
otherwise culpable defendant may be held account
able for a crime if the defendant deliberately avoided
finding out about the crime. -Also termed con
scious-avoidance instruction. [Cases: Criminal Law
C=>772(5).]
jury list. A list of persons who may be summoned to
serve as jurors. [Cases: Jury C=>60.]
juryman. Archaic. See JUROR.
jury nullification. (1982) A jury's knowing and deliber
ate rejection ofthe evidence or refusal to apply the law
either because the jury wants to send a message about
some social issue that is larger than the case itself or
because the result dictated by law is contrary to the
jury's sense ofjustice, morality, or fairness. Cf. verdict
contrary to law under VERDICT; rogue jury under JURY.
[Cases: Criminal Law C=>731; Trial C=> 128,304.]
jury of indictment. See GRAND JURY.
jury-packing. (1887) The act or an instance of contriv
ing to have a jury composed of persons who are pre
disposed toward one side or the other. -Also termed
packing a jury. Cf. EMBRACERY; JURY-FIXING.
jury panel. See VENIRE (1).
jury pardon. (1974) A rule that permits a jury to convict
a defendant ofa lesser offense than the offense charged
ifsufficient evidence exists to convict the defendant of
either offense.
jury pool. See VENIRE (1).
jury process. (18c) 1. The procedure by which jurors are
summoned and their attendance is enforced. [Cases:
Jury C=>67.] 2. The papers served on or mailed to poten
tial jurors to compel their attendance.
jury question. (18c) 1. An issue offact that a jury decides.
See QUESTION OF FACT. [Cases: Federal Civil Procedure
C=>2141.] 2. A special question that a court may ask a
jury that will deliver a special verdict. See special inter
rogatory under INTERROGATORY. [Cases: Federal Civil
Procedure C=>2231; Trial C=>350.]
jury sequestration. See SEQUESTRATION (8). jury service. See JURY DUTY.
jury shuffle. Texas law. A process for rearranging a venire
whereby the cards with the veniremembers' names on
them are shuffled so that the veniremembers will be
seated in a different order . The prosecution and the
defense may each request a jury shuffle once before voir
dire begins. No reason for the request need be given.
After voir dire begins, neither party may request a
shuffle. [Cases: Jury C=>64.]
jury summation. See CLOSING ARGUMENT.
jury-tampering. See EMBRACERY.
jury trial. See TRIAL.
jury waiver. See WAIVER (2).
jurywheel. (1873) A physical device or electronic system
used for storing and randomly selecting names of
potential jurors. [Cases: Jury C=>65.]
jurywoman. Archaic. A female juror; esp., a member ofa
jury of matrons. See jury ofmatrons under JURY.
jus (j;)S also joos oryoos), n. [Latin "law, right"] 1. Law in
the abstract. 2. A system oflaw. 3. A legal right, power,
or principle. 4. Roman law. Man-made law . The term
usu. refers to a right rather than a statute. -Abbr. J.
Also spelled ius. Cf. FAS. PI. jura Ooor-;) also yoor-;)).
"Ius, when used in a general sense, answers to our word
Law in its widest acceptation. It denotes, not one particular


us, when used in a general sense, answers to our word
Law in its widest acceptation. It denotes, not one particular
law nor collection of laws, but the entire body of principles,
rules, and statutes, whether written or unwritten, by which
the public and the private rights, the duties and the obliga
tions of men, as members of a community, are defined,
inculcated, protected and enforced." William Ramsay, A
Manual ofRoman Antiquities 285-86 (Rodolfo Lanciani ed.,
15th ed. 1894).
jus abstinendi (j;)S ab-st;)-nen-dI), n. [Law Latin "right of
abstaining"] Roman & civil law. The right ofan heir to
renounce or decline an inheritance, as when it would
require taking on debt.
jus abutendi (j;)S ab-y;)-ten-dI), n. [Latin "right of
abusing"] Roman & civil law. The right to make full use
ofproperty, even to the extent ofwasting or destroying
it. Cf. IUS UTENDI.
jus accrescendi (j;)S ak-r;)-sen-dI), n. [Latin "right of
accretion"] A right of accrual; esp., the right of survi
vorship that a joint tenant enjoys. See RIGHT OF SUR
VIVORSHIP. Cf. JUS NON DECRESCENDI. [Cases: Joint
Tenancy C=>6.]
jus actionis (j;)S ak-shee-oh-nis). [Latin] Scots law. A
right ofaction.
jus actus (j;)S ak-t;)s). [Latin] Roman law. A rural servi
tude giving a person the right ofpassage for a carriage
or cattle. See ACTUS (3).
jus administrationes (j;)S ad-mi-ni-stray-shee-oh-neez).
[Latin] Scots law. Hist. The outmoded right by which a
husband had unfettered control of his wife's heritable
property.
jus ad rem (j;)S ad rem), n. [Law Latin "right to a thing"] A
right in specific property arising from another person's

937
duty and valid only against that person; an inchoate or
incomplete right to a thing. Cf. JUS IN RE.
jus aedilium OdS ee-dil-ee-dm). [Latin "law of the
aediles"] Roman law. The body of law developed
through the edicts of aediles. -Also termed jus aedi
licium (jas ee-dI-Iish-ee-am). See AEDILE; JUS HOKO
RARIUM.
Jus Aelianum (jdS ee-lee-ay-nam). [Latin) Roman law.
A manual oflaws drawn up in the second century B.C.
by the consul Sextus Aelius, consisting of three parts:
(1) the laws of the Twelve Tables; (2) a commentary
on them; and (3) the forms of procedure. See TWELV~
TABLES.
jus aequum OdS ee-kwam). [Latin "law that is equal or
fair"] Roman law. Law characterized by equity, flexibil
ity, and adaptation to the circumstances ofa particular
case. Cf. JUS STRICTUM.
jus aesneciae (jdS ees-neesh-ee-ee). [Latin] Hist. The
right ofprimogeniture. -Also spelled esneciae.
jus agendi (jas a-jen-dl). [Latin] Scots law. One's power
to take action to pursue one's rights.
jus albanagii (jas al-bd-nay-jee-l), n. [Law Latin "confis
cating the goods of aliens"] See DROIT D'AUBAINE.
jus albinatus (jas al-bi-nay-tas), n. [Law Latin "right of
alien confiscation"] See DROIT D'AUBAINE.
jus angariae (jdS ang-gair-ee-ee), n. [Latin "right of
angary"] See AKGARY.
jus antiquum (jas an-tI-kwam). [Latin] Roman law. The
old law. -Also termed jus vetus. Cf. JUS NOVUM.
"In the later Empire (which dates from the fourth century)
there were two groups of sources of law: first, the 'jus
vetus', or 'jus' simply, i.e. the old traditional law, the devel
opment of which was completed in the classical period
of Roman jurisprudence (in the course of the second and
the beginning of the third century); secondly, the 'leges'
or 'jus novum', i.e. the later law which had sprung from
imperial legislation. These two classes of law, 'jus' and
'leges', mutually supplementing each other, constituted
the whole body of law as it existed at the time, and, taken
together, represented the result of the entire development
of Roman law from the earliest times down to ... the
epoch of the later Empire." Rudolph $ohm, The Institutes:
A Textbook of the History and System ofRoman Private Law
116-17 Uames Crawford Ledlie trans., 3d ed. 1907).
jus apparentiae (jas ap-<l-ren-shee-ee). [Law Latin] Scots
law. lhe right ofapparency. An heir who was open to
a succession but not fully vested in title had the right of
apparency, a right that allowed the heir to take certain
actions on behalf of the estate, such as defending the
ancestor's title.
jus aquaeductus (jds ak-wa-dak-tas), n. [Latin] Roman &
civil law. A servitude that gives a landowner the right
to conduct water from another's land through pipes
or channels.
jus aquaehaustus (jas ak-wee haws-tds). [Latin] Roman
law. See AQUAEHAUSTUS.
jus aucupandi (jas awk-yuu-pan-dr). [Latin] Scots law.
The right of catching birds; the right offowling. jus commune
jus banci (jas ban-51), n. [Law Latin "right ofbench"j
Hist. The right or privilege of having an elevated and
separate seat ofjudgment, formerly allowed only to the
king's judges, who administered what was from then
on called "high justice."
jus belli (jas bel-I), n. [Latin "law of war"] The law of
nations as applied during wartime, defining in par
ticular the rights and duties of the belligerent powers
and of neutral nations.
jus bellum dicendi (jas bel-<lm di-sen-dI), n. [Latin] The
right ofproclaiming war.
jus canonicum (jas ka-non-i-kam), n. [Law Latin] See
CANON LAW (1).
jus capiendi (jas kap-ee-en-dI). [Latin "the right to take
or receive"] Roman law. The right of taking property
under a will.
jus civile (jas si-Vl-Iee). [Latin] Roman law. The tradi
tional law of the city of Rome, beginning with the
Twelve Tables and developed by juristic interpretation.
 It covered areas oflaw restricted to Roman citizens,
such as the formalities ofmaking a will. Over time, the
jus civile was modified by, for example, the jus honorar
ium (which modified the requisites for a valid will) and
the jus sentium (which modified the stipulation). The
originaljus civile was eventually absorbed into a general
Roman law. See CIVIL LAW (1); JUS QUfRITIUM.
jus civitatis (jas siv-i-tay-tds). [Latin] Roman law. The
right ofcitizenship; the right ofa Roman citizen.
jus cloacae (jds kloh-ay-see), n. [Latin "right ofsewer or
drain"] Civil law. An easement consisting in the right
of having a sewer or conducting surface water over or
through the land ofone's neighbor.
jus cogens (jdS koh-jenz), n. [Latin "compelling law"]
1. lnt'llaw. A mandatory or peremptory norm of
general international law accepted and recognized by
the international community as a norm from which
no derogation is permitted. - A peremptory norm can
be modified only by a later norm that has the same
character. Cf. JUS DISPOSITlVUM. [Cases: International
Law (;:.:c 1.] 2. Civil law. A mandatory rule oflaw that
is not subject to the disposition of the parties, such as
an absolute limitation on the legal capacity of minors
below a certain age. Also termed (in sense 2) peremp
tory norm.
jus commercii (jas ka-mar-shee-I), n. [Latin "right of
commerce"] Roman & civil law. 1be right to make
contracts, acquire and transfer property, and conduct
business transactions.
jus commune (jaS ka-myoo-nee), n. 1. Roman & civil
law. The common or public law or right, as opposed
to a law or right established for special purposes. Cf.
JUS SINGULARE. 2. The common law of England. See
COMMON LAW (3). 3. The shared law of much of conti
nental Western Europe during the Middle Ages, con
sisting ofa blend ofcanon law and rediscovered Roman
law.
"U]us commune is a phrase well known to the canonists.
They use it to disti nguish the general and ordinary law of

938 jus compascuum
the universal church both from any rules peculiar to this
or that provincial church, and from those papal privilegia
which are always giving rise to ecclesiastical litigation."
1 Frederick Pollock & Frederic William Maitland, History
of English Law Before the Time of Edward I 176 (2d ed.
1898).
jus compascuum (jas kam-pas-kyoo-am), n. [Latin "the
right to feed together"] Hist. The right of common
pasture. Cf. COMMO~ (1).
jus connubii (jds kd-n[y]oo-bee-I), n. [Latin "right of
marriage"] See CONNUBIUM.
jus coronae (jds ka-roh-nee), n. [Latin "right of the
Crown"] The right of succession to the English
throne.
jus crediti (jds kred-i-tI). [Latin "the right of credit"]
Roman & Scots law. A creditor's right to a debt; a credi
tor's right to recover a debt through legal process. Cf.
JUS EXIGE~DI.
"[Tlhe term is frequently used in contradistinction to a
mere spes, or defeasible expectancy. This jus credit! is
often of great importance; for although a person may not
be entitled to be put in immediate possession of a subject,
yet the obligation to deliver it to him at some future time
creates in him a vested right, which forms part of his
estate." William Bell, Bell's Dictionary and Digest of the Law
ofScotland 620 (George Watson ed., 7th ed. 1890).
jus cudendae monetae (jdS kyoo-den-dee ma-nee-tee),
n. [Law Latin] Hist. The right ofcoining money.
jus curialitatis (jds kyoor-ee-al-Cl-tay-tis), n. [Law Latin]
Rist. The right ofcurtesy.
jus dare Ods dair-ee), vb. [Latin] To give or make the law .
 This is the function and prerogative ofthe legislature.
Cf. JUS DICERE.
jus delatum OdS di-lay-tam). [Law Latin] Scots law. A
transferred right.
jus deliberandi Ods di-lib-a-ran-dI), n. [Latin "right of
deliberating"] Roman & civil law. A right granted to
an heir to take time to consider whether to accept or
reject an inheritance. Cf. tempus deliberandi under
TEMPUS.
jus de non appellando Ods dee non ap-a-lan-doh). [Latin]
Hist. The supreme judicial power.
jus devolutum (jds dev-a-Ioo-t;}m). [Law Latin "a
devolved right"] Scots law. The right of the presbytery
to appoint a minister to a vacant church if a patron
failed to present a fit minister within six months ofthe
vacancy. Cf. TANQUAM JURE DEVOLUTO.
jus dicere (j~s dI-s<Jr-ee), vb. [Latin] Hist. To declare or
decide the law . This is the function and prerogative
of the judiciary. Cf. JUS DARE.
jus disponendi (jds dis-pCl-nen-dI), n. [Latin "right of
disposing"jThe right to dispose ofproperty; the power
ofalienation.
jus dispositivum (jas dis-poz-<J-tl-vam), n. [Latin "law
subject to the disposition of the parties"] Int'llaw.
A norm that is created by the consent of participat
ing nations, as by an international agreement, and is binding only on the nations that agree to be bound by
it. Cf. JUS COGENS (1).
jus distrahendi (jas dis-trd-hen-dI), n. [Latin "right of
distraining"]The right to sell pledged goods upon
default.
jus dividendi (jds div-i-den-dI), n. [Latin "right of
dividing"] The right to dispose of real property by
will.
jus divinum (j;}S di-vI-nClm). 1. See DIVINE LAW. 2. See
NATURAL LAW.
jus domino proximum (jds dom-d-noh prok-s~-mClm).
[Law Latin] Scots law. A right nearly equal to that of
absolute property; a feuholder's right. See FEU.
"Jus domino proximum .... Such a right is enjoyed by
one who holds lands in feu, for he is entitled to sell the
subjects, or alter or use them in any way he thinks proper.
And yet the property is not absolutely his that is, he does
not hold the property so absolutely as did the superior
from whom he acquired, because the land is burdened
with the feu-duty payable to the superior, and to this extent
the absolute right of property is restricted. Similar to the
right of a feuar under our law, was that of the emphyteuta
under the civil law." John Trayner, Trayner's Latin Maxims
304-05 (4th ed. 1894


." John Trayner, Trayner's Latin Maxims
304-05 (4th ed. 1894).
jus duplicatum (jas d[y]oo-pli-kay-tClm). See DROIT
DROIT.
jus ecclesiasticum (j<Js e-klee-z[h]ee-as-ti-bm). [Law
Latin] See ECCLESIASTICAL LAW.
jus edicendi (jas ed-i-sen-dr or ee-di-). [Latin "right of
decreeing"] Roman law. The right (esp. ofthe praetors)
to issue edicts. See JUS PRAETORIUM.
jus et norma loquendi O<Js et nor-m;) 10h-kwen-dI).
[Latin "the law and rule ofspeech"] Idiomatic language,
including speech and pronunciation, as established by
the custom ofa particular nation.
jus exigendi (jClS ek-si-jen-dr). [Latin] Scots law. A credi
tor's right to enforce immediate payment ofa debt. Cf.
JUS CREDITI.
"For example, where a testator directs his testamentary
trustees to pay a certain which he has uncondi
tionally bequeathed to the six months after his
(the testator's) death. the legacy vests on the death of the
testator, and the legatee acquires then the jus crediti, but
he cannot enforce payment of the legacy until after the
expiry of the six months; he acquires the jus exigendiwhen
the debt has become prestable." John Trayner, Trayner's
Latin Maxims 305 (4th ed. 1894).
jus ex non scripto (jas eks non skrip-toh). See unwritten
law under LAW.
jusfalcandi (j~s fal-kan-dI), n. [Latin] Rist. The right of
mowing or cutting.
jusfetiale (jas fee-shee-ay-Iee), n. [Latinll. FETIAL LAW.
2. The law ofnegotiation and diplomacy. This phrase
captured the classical notion of international law.
Also spelled jusfeciale.
jus fiduciarium (jClS fi-d[y]oo-shee-air-<Jm), n. [Latin]
Civil law. A right in trust. Cf. JUS LEGITIMUM.
jusfluminum OClS floo-m<J-ndm), n. [Latin] Civil law. The
right to use rivers.

939
jusfodiendi (j~s foh-dee-en-dr), n. [Latin] Civil law. The
right to dig on another's land.
jusfruendi (jas froo-en-dr), n. [l.atin "right ofenjoying"]
Roman & civil law. The right to use and enjoy anoth
er's property without damaging or diminishing it. See
USUFRUCT.
jus futurum (jas fyoo-t[y]oor-dm), n. [Latin "future
right"] Civil law. A right that has not fully vested; an
inchoate or expectant right.
jus gentium (jas jen-shee-am). [Latin "law ofnations"]!.
INTERNATIONAL LAW. 2. Roman law. Ihe body oflaw,
taken to be common to all civilized peoples, and applied
in dealing with the relations between Roman citizens
and foreigners. -Also termed jus inter gentes.
"The early Roman law (the jus Civile) applied only to
Roman citizens. It was formalistic and hard and reflected
the status of a small, unsophisticated society rooted in
the soil. It was totally unable to provide a relevant back
ground for an expanding, developing nation. This need
was served by the creation and progressive augmentation
ofthejus gentium. This provided simplified rules to govern
the relations between foreigners, and between foreigners
and citizens .... The progressive rules of the jus gentium
gradually overrode the narrow jus civile until the latter
system ceased to exist. Thus, the jus gentium became the
common law of the Roman Empire and was deemed to be
of universal application." Malcolm N. Shaw, International
Law 15 (4th ed. 1997).
jusgentium privatum (jds jen-shee-dm pn-vay-tdm). See
private international law under INTERNATIONAL LAW.
jus gentium publicum OdS jen-shee-am pab-li-kam). See
INTERNATIONAL LAW.
jus gladii (jds glad-ee-I). [Latin "right of the sword"]
Roman law. The executory power of the law, esp. for
provincial governors; the power or right to inflict the
death penalty. -This term took on a similar meaning
under English law. -Also termed potestas gladU.
"And the prosecution of these offences is always at the suit
and in the name of the king, in whom, by the texture of our
constitution, the jus gladii, or executory power of the law,
entirely resides." 4 William Blackstone, Commentaries on
the Laws of England 177 (1765).
jus habendi (jas ha-ben-dr), n. [I.atin] Civil law. The right
to have a thing; the right to be put in actual possession
ofproperty.
jus haereditatis (jas h<J-red-a-tay-tis), n. [Latin] Civil law.
The right ofinheritance.
jus hauriendi OdS haw-ree-en-dr), n. [Latin] Civil law.
The right ofdrawing water.
jus honorarium (jas [h]on-d-rair-ee-am). [Latin "mag
isteriallaw"] Roman law. The body oflaw established
by the edicts of magistrates, esp. the praetors (jus
praetorium) and the aediles (jus aedilium). -In the
Roman Republic, the term sometimes referred col
lectively to all the proclamations of magistrates of
the Roman Republic, such as the consuls, praetors,
aediles, quaestors, censors, provincial governors, and
pontiflces. Although these magistrates were not legis
lators, they were entitled and indeed bound to declare
by edict how they proposed to administer justice, and jus legitimum
their edicts were a supplementary source oflaw. - Also
termed edicta magistratuum.
jus honorum (j;)S [h]d-nor-am). [Latin] Roman law. The
right of a citizen to hold public office, whether civil,
military, or sacred. Cf. JUS SUFFRAGII.
jus imaginis (jds ;)-maj-a-nis). [Latin] Roman law. The
right to use or display pictures or statues of ances
tors. -The right was restricted to upper-class Roman
citizens.
jus immunitatis (jds i-myoo-na-tay-tis), n. [Latin "law
of immunity"] Civil law. Exemption from the burden
of public office.
jus incognitum (jds in-kog-na-tam), n. [Latin] Civil law.
An unknown or obsolete law.
jus incorporale OdS in-kor-pa-ray-Iee). [Latin] Hist. An
incorporeal right. See INCORPOREAL.
jus individuum OdS in-da-vij-oo-am), n. [Latin] An
individual or indivisible right; a right that cannot be
divided.
jus in personam (jds in p<lr-soh-n<lm), n. [Latin "right
against a person"] A right ofaction against a particu
lar person to enforce that person's obligation. -Also
termed jura in personam. See right in personam under
RIGHT.
jus in re U<lS in ree), 11. [Law l.atin "right in or over a
thing"] A right in property valid against anyone in the
world; a complete and perfect right to a thing. -Also
termed jus in rem; jura in rem. Cf. JUS AD REM.
jus in re aliena OdS in ree ay-Iee-ee-nd or al-ee-), n. [Latin]
An easement or right in or over another's property;
ENCUMBRANCE. Also termed right in re aliena.
jus in rem OdS in rem), n. [btin "right to a thing"] See
JUS IN RE.
jus in re propria OdS in ree proh-pree-d), n. [Latin] The
right ofenjoyment that is incident to full ownership of
property; full ownership itself. -Also termed right
in re propria.
jus inter gentes (jas in-tdr jen-teez), n. [I.atin "law among
nations"] See JUS GENTIUM.
jus Italicum (jas I-tal-a-kdm). [l.atin] Roman law. A
privilege granted by the emperor to cities outside Italy,
giving them the status of communities within Italy. _
This privilege included the right to own land by quiri
tarlan title.
jus itineris (jds I-tin-;)-ris). [Latin] Roman law. A rustic
praedial servitude granting the right to pass over an
adjoining property on foot or horseback.
jusjurandum (j;)s-juu-ran-ddm), n. [Latin] An oath. See
JURAMENTUM.
jus Latij O;)S lay-shee-I). [Latin] Roman law. Rights
granted to a citizen ofa Roman colony. -The colonial
citizen's status was midway between peregrine and full
citizen of Rome. -Also termed jus Latium.
jus legitimum (jds ld-jit-d-mam), n. [Latin] Civil law. A
right enforceable in law. Cf. JUS FIDUCIARIUM.

jus liberorum 940
jus liberorum (jdS lib-d-ror-dm). [Latin "right of
children"] Roman law. A privilege conferred on a
parent who has several children; esp., the immunity
from compulsory guardianship (tutela) given to a
woman with three or more children. -Also termed
jus trium liberorum.
jus liquidissimum (jds lik-wi-dis-i-mdm). [Latin]
Maritime law. The principle that a salvager is entitled to
a reward for saving life or property imperiled at sea.
jus mariti (jds mah-ree-tI or md-rI-tI). [Law Latin]
Scots law. Hist. The outmoded right under which a
husband acquired ownership ofall his wife's movable
property.
jus merae facultatis (jds meer-ee fak-dl-tay-tis). [Law
Latin] Hist. A right of mere power; a right of power
merely to act.
jus merum (jds meer-dm). See MERE RIGHT.
jus moribus constitutum OdS mor-d-bds kon-std-t[y]
oo-tdm). [Latin] See unwritten law under LAW.
jus naturae OdS nd-t[y]oor-ee). [Latin] See NATURAL
LAW.
jus naturale (jds nach-d-ray-Iee). [Latin] See NATURAL
LAW.
jus navigandi (jds nav-d-gan-dI), n. [Latin] Civil law. The
right of navigation; the right ofcommerce by sea.
jus necessitatis (jds nd-ses-i-tay-tis), n. [Latin] A person's
right to do what is required for which no threat oflegal
punishment is a dissuasion . This idea implicates the
proverb that necessity knows no law (necessitas non
habet legem), so that an act that would be objectively
understood as necessary is not wrongful even if done
with full and deliberate intention.
jus nobilius Ods noh-bil-ee-ds). [Law Latin] Hist. A
superior right.
jus non decrescendi (jds non dee-kre-sen-dI). [Law Latin]
Scots law. The right ofnot suffering diminution. Cf. JUS
ACCRESCENDI.
jus non sacrum OJS non say-krdm). [Latin "nonsacred
law"] Hist. The body oflaw regulating the duties of a
civil magistrate in preserving the public order. Cf. JUS
SACRUM.
jus non scriptum (jds non skrip-t<lm). See unwritten law
under LAW.
jus novum (jds noh-vdm). [Latin] Roman law. The new
law; the law ofthe later Roman empire. -Also termed
leges. See LEX. Cf. JUS ANTIQUL'M.
jus obligation is (jJS ob-li-gay-shee-oh-nis). [Law Latin
"a right of obligation"] Hist. A personal right. See JUS
AD REM.
jus offerendi (jds ahf-or awf-d-ren-dI). [Latin] Roman
law. The right of subrogation; the right to succeed to a
senior creditor's lien and priority upon tendering the
amount due to that creditor. Also termed jus offer
endae pecuniae. jus oneris ferendi (jds on-doris fd-ren-dl). [Latin] Roman
law. An urban praedial servitude granting the right for
one's own house to be supported by a neighbor's . The
servitude was exceptional in requiring a positive duty
ofthe servient owner.
jus pascendi OJS pd-sen-dr}. See servitus pascendi under
SERVITUS.
jus patronatus O<lS pa-trd-nay-tds), n. [Latin] Eccles. law.
'Ihe right of patronage; the right to present a clerk to
a benefice.
jus persequendi in judicio quod sib; debetur Ods pdr
sd-kwen-dr in joo-dish-ee-oh kwod sib-l deb-d-tdr).
[Latin] Roman law. The right of suing before a court
for that which is due to us . The phrase is Justinian's
definition ofan action.
jus personarum OJS pJr-sd-nair-dm), n. [Latin "law
of persons"] Civil law. The law governing the rights
of persons having special relations with one another
(such as parents and children or guardians and wards)
or haVing limited rights (such as aliens or incompetent
persons). See LAW OF PERSONS. Cf. JUS RERUM.
jus pignoris O<lS pig-nd-ris). [Latin "the right ofpledge"]
Roman law. A creditor's right in the property that


-nd-ris). [Latin "the right ofpledge"]
Roman law. A creditor's right in the property that a
debtor pledges to secure a debt.
jus poenitendi (ids pen-i-ten-dI), n. [Latin] The right to
rescind or revoke an executory contract when the other
party defaults.
jus portus OJS por-tds), n. [Latin] Civil & maritime law.
The right ofport or harbor.
jus positivum <ids poz-i-tiv-dm). See POSITIVE LAW.
juspossessionis OJS pd-zes[h]-ee-oh-nis), n. [Latin] Civil
law. A right of which possession is the source or title;
a possessor's right to continue in possession. Cf. JUS
PROPRIETA TIS.
jus possidendi Ods pos-d-den-dI), 11. [Latin] Civil law.
A person's right to acquire or to retain possession; an
owner's right to possess.
jus postliminii (jds pohst-Id-min-ee-I). [Latin] See
POSTLIMINmM.
jus praesens (jds pree-senz or -zenz), 11. [Latin "present
right"] Civil law. A right that has been completely
acquired; a vested right.
jus praetorium O<lS pri-tor-ee-dm). [Latin "law of the
praetors"] Roman law. The body of law developed
through the edicts ofthe praetors . This was the main
spring of Republican reform. See PRAETOR; EDICTUM
PRAETORIS; JUS HONORARIUM.
jus praeventionis OJS pree-ven-shee-oh-nis). [Law Latin
"a right of preference"] Scots law. A court's jurisdic
tional superiority by virtue of being the first court to
exercise its jurisdiction in a case.
jus precarium (jds pri-kair-ee-dm), n. [Latin] Civil law.
A right to a thing held for another, for which there
was no remedy by legal action but only by entreaty or
request.

941 jus scriptum
jus presentationis OdS prez-dn-tay-shee-oh-nis), n.
[Latin] Civil law. The right to present a clerk to a
church.
jus primae noctis Ods prJ-mee nok-tis). [Latin "right of
first night"] See DROIT DU SEIGNEUR.
jus privatum (j<'lS pn-vay-tdm), n. [Latin "private law"]
1. Roman & civil law. Private law, consisting of all the
branches oflaw that regulate the relations of citizens
to one another, including family law, property, obliga
tions, and testate and intestate succession. 2. The right,
title, or dominion of private ownership. See PRIVATE
LAW. Cf. JUS PUBLICUM.
jus projiciendi (jds prd-jish-ee-en-dI), n. [Latin] Civil
law. A servitude granting the right to build a projection
(such as a balcony) from one's house in the open space
belonging to a neighbor.
jus proprietatis (jds prd-pn-d-tay-tis), n. [Latin) Civil
law. A right in property based on ownership rather
than actual possession. Cf. JUS POSSESSIONIS.
jus protegendi (jds proh-td-jen-dI), n. [Latin] Civil law. A
servitude granting the right to make the roof or tiling
of one's house extend over a neighbor's house.
jus provocationis (jdS prov-d-kay-shee-oh-nis). [Latin]
Roman law. The right possessed by every Roman citizen
to appeal to the people in their Comitia, or later the
emperor, from the infliction of summary punish
ment by a magistrate (coercitio) .  Modern romanists
disagree about the precise meaning of this term.
Also termed jus provocatio.
jus publicum (jdS pdb-li-bm), n. [Latin "public law"] 1.
Roman & civil law. Public law, consisting of constitu
tionallaw, administrative law, criminal law and proce
dure, and the law relating to sacred rites (jus sacrum). 2.
The right, title, or dominion ofpublic ownership; esp.,
the government's right to own real property in trust for
the public benefit. See PUBLIC LAW. Cf. JUS PRIVATUM.
jus quaesitum OdS kwi-sI-t;)m or -zI-t<lm), n. [Latin) Civil
law. 1. A right to ask or recover, as from one who is
under an obligation. 2. An acqUired right.
jus quaesitum tertio OdS kwi-sI-tdm t;Jr-shee-oh). [Law
Latin) Scots law. A contractual right conferred on a
third party. A third-party right may be conferred
on a specified individual or on an identifiable class of
people.
"Where, in a contract between two parties, a stipulation is
introduced in favour of a third, who is not a contracting
party. the right thus created is said to be jus quaesitum
tertio. Such a right. generally speaking, cannot be recalled
by the contracting parties, and the third party. so far as he
is concerned. may require exhibition and implement of the
contract." William Bell. Bell's Dictionary and Digest of the
Laws of Scotland 622 (George Watson ed., 7th ed. 1890).
jus quiritium (j<lS kwi-rI-shee-dm). [Latin) Roman law.
lhe ancient, primitive law of the Romans before the
development ofthe jus praetorium and the jus gentium;
the original jus civile.
jus recuperandi (j<lS ri-k[y)oo-pd-ran-dI), n. [Latin] Civil
law. The right ofrecovering, esp. lands. jus regale (jds ri-gay-Iee). [Law Latin] Scots law. A royal
right; a sovereign's right.
jus regendi OdS ri-jen-dI}, n. [Law Latin) A proprietary
right vested in a sovereign.
jus relictae O;)S ri-Iik-tee), n. [Law Latin "right of a
widow"] Civil & Scots law. A widow's claim to her
share of her deceased husband's movable estate . If
the widow has children, her share is one-third; if not,
her share is one-half.
jus relicti (jds ri-lik-tI), n. [Law Latin "right ofa widower")
Civil & Scots law. A widower's right in his deceased
wife's separate movable estate, historically two-thirds
if there were surviving children, and otherwise one
half. Under the Married Women's Property Act of 1881,
the amount became one-third in the case ofsurviving
children, and otherwise one-half.
jus repraesentationis (jds rep-ri-zen-tay-shee-oh-nis),
n. [Latin] Civil law. The right to represent or be repre
sented by another.
jus rerum (j<'lS reer-am), n. [Latin "law of things"]
Civil law. The law regulating the rights and powers
of persons over things, as how property is acquired,
enjoyed, and transferred. See LAW OF THINGS. Cf. JUS
PERSONARUM.
jus respondendi OdS ree-spon-den-dr). [Latin "the right
of responding"] Roman law. The authority conferred
on certain jurists when delivering legal opinions.
Modern romanists disagree about the precise meaning
ofthis term.
jus retentionis (jas ri-ten-shee-oh-nis), 11. [Latin) Civil
law. The right to retain a thing until the delivery of
something else that the person retaining the thing is
entitled to.
jus retinendi et insistendi (j<'lS ret-i-nen-dr et in-sis-ten
dI). [Law Latin] Scots law. A right ofretention and of
insisting. The phrase usu. referred to a seaman's right
to recover wages both by taking a lien against the ship
and by proceeding against the owner for payment.
jus retractus (jdS ri-trak-tas), n. [Latin "the right of
retraction"] Civil law. 1. The right ofcertain relatives of
one who has sold immovable property to repurchase it.
2. A debtor's right, upon sale ofthe debt by the creditor,
to have a third person redeem it within a year for the
price paid by the purchaser.
jus rusticorum praediorum. See rural servitude under
SERVITUDE (2).
jus sacrum (jdS say-kram). [Latin "sacred law"] Roman
law. The body of law regulating matters of public
worship, such as sacrifices and the appointment of
priests. Cf. JUS NON SACRUM.
jus sanguinis (jds sang-gwd-nis), n. [Latin "right of
blood"] The rule that a child's citizenship is determined
by the parents' citizenship . Most nations follow this
rule. Cf. JUS SOLI.
jus scriptum (j<'lS skrip-tam). [Latin] See written law
under LAW.

942 jus sib; dicere
jus sibi dicere {jas sib-r dI-sar-ee). [Latin] Hist. To
declare the law for oneself; to take the law into one's
own hand.
jus singulare (jas sing-gya-lair-ee), n. [Latin "individual
law"] Roman & civil law. A law or right established for
special purposes, as opposed to the common or public
law or right. Cf. JUS COMMUNE (1).
jus soli (jJS soh-h), n. [Latin "right ofthe soil") The rule
that a child's citizenship is determined by place ofbirth.
 This is the U.S. rule, as affirmed by the 14th Amend
ment to the Constitution. Cf. JUS SANGUINIS.
jus spatiandi (jas spay-shee-an-dI), n. [Latin "right
of walking about"] Civil law. lhe public's right-of
way over specific land for purposes of recreation and
instruction.
jus stapulae OJS stay-pYJ-lee), n. [Law Latin "right of
staple"] Civil law. A town's right or privilege ofstopping
imported merchandise and forcing it to be offered for
sale in its own market. See STAPLE.
jus strictum (jas strik-tJm). [Latin "strict law"] Roman
law. Law rigorously interpreted according to the
letter. -Also termed strictum jus. See STRICTI JURIS.
Cf. JUS AEQUUM.
jus suffragii (jas sd-fray-jee-l). [Latin) Roman law. The
right ofa citizen to vote. Cf. JUS HONORUM.
just, adj. (14c) Legally right; lawful; equitable.
justa causa (j<lS-tJ kaw-za), n. [Latin] Civil law. A just
cause; a lawful ground. See good cause under CAUSE
(2).
justae nuptiae (j<ls-tee n<lp-shee-ee). [Latin "legal
marriage"J Roman law. A marriage between two
persons who had the legal capacity to wed. Justae
nuptiae was the only union that created the familial
relationship known as patria potestas. Also termed
justum matrimonium. See patria potestas under
POTESTAS. Cf. CONCUBINATUS.
"Iustae nuptiae is such a marriage as satisfies all the rules
of civil law. Any marriage between two persons who had
the capacity of civil marriage with each other (conubium)
was necessarily iustae nuptiae, for if the union was defec
tive in any other respect it was no marriage at all. On the
other hand, if there was no conubium between the parties
it might still be actually a marriage (nuptiae, nuptiae non
iustae), the wife being uxor non iusta, the children libe!'i
non iusti. Such a marriage, in which one party at least
would not be a cMs, did not produce patria potestas over
children ...." W.W. Buckland, A Manual of Roman Private
Law 63-64 (2d ed. 1953),
jus talionis. See LEX TALIONIS.
;ust-as-probable rule. Workers' compensation. A doctrine
whereby a workers' -compensation claim will be denied
ifit is equally likely that the injury resulted from a non
work-related cause as from a work-related cause. [Cases:
Workers' Compensation
just cause. See good cause under CAUSE (2).
just compensation. See COMPENSATION.
Just Compensation Clause. See TAKINGS CLAUSE. just deserts (di-zarts). (16c) What one really deserves;
esp., the punishment that a person deserves for having
committed a crime. -Also termed deserts.
jus tertii (jas tar-shee-l), n. [Latin)l. 'The right ofa third
party. [Cases: Action C=>13; Federal Civil Procedure
<.:-~, 103.4.J
"[Nlo defendant in an action of trespass can plead the jus
tertii -the right of possession outstanding in some third
person ~as against the fact of possession in the plaintiff."
R.F.V. Heuston, Salmond on the Law of Torts 46 (17th ed.
1977) .
2. The doctrine that, particularly in constitutional law,
courts do not decide what they do not need to decide.
"jus tertii ... says nothing about the nature of legal
argument on the merits of a case once formed, but as
a symbol for the separability of cases is a useful term of
art. Translated, however, it reads 'right of a third person.'
It may once have been associated with a presumption of
common-law jurisprudence that one cannot be harmed
by an action that achieves its effect through effects upon
others, cannot be 'indirectly' harmed," Joseph Vining, Legal
Identity 120 (1978).
justice. (17c) 1. The fair and proper administration of
laws.
commutative justice (b-myoo-ta-tiv or kom-YJ
tay-tiv). (1856) Justice concerned with the rela
tions between


-ta-tiv or kom-YJ
tay-tiv). (1856) Justice concerned with the rela
tions between persons and esp. with fairness in the
exchange ofgoods and the fulfillment ofcontractual
obligations.
condign justice. An outcome according to what the
litigants deserve; esp., justice based on the kind and
degree of punishment that is appropriate for a given
offense.
distributive justice. (16c) Justice owed by a commu
nity to its members, including the fair allocation
of common advantages and sharing of common
burdens.
Jedburgh justice (jed-bJr-J). A brand ofjustice involv
ing punishment (esp. execution) first and trial after
wards . The term alludes to Jedburgh, a Scottish
border town where in the 17th century raiders were
said to have been hanged without the formality of a
trial. Jedburgh justice differs from lynch law in that
the former was administered by an established court
(albeit after the tact). -Also termed Jeddart ;ustice;
Jedwood justice. Cf. LIDFORD LAW; LYNCH LAW.
justice in personam. See personal justice.
justice in rem. See social justice.
natural justice. Justice as defined in a moral, as opposed
to a legal, sense. -Also termed justitia naturalis. Cf.
NATURAL LAW.
"Although the judges have frequently asserted that
a foreign judgment which contravenes the principles
of natural justice cannot be enforced in England, it is
extremely difficult to fix with precision the exact cases
in which the contravention is sufficiently serious tojustify
a refusal of enforcement. Shadwell v.-c. once said that
'whenever it is manifest that justice has been disregarded,
the court is bound to treat the decision as a matter of no
value and no substance.' [Price v. Dewhurst, 8 Sim 279, 302
(1837).] But this goes too far.... The expression 'contrary

943
to natural justice' has, however, figured so prominently in
judicial statements that it is essential to fix, if possible, its
exact scope. The only statement that can be made with any
approach to accuracy is that in the present context, the
expression is confined to something glaringly defective in
the procedural rules of the foreign law .... In other words,
what the courts are vigilant to watch is that the defendant
has not been deprived of an opportunity to present his
side of the case." G.c. Cheshire, Private International Law
675 (6th ed. 1961).
personal justice. (16c) Justice between parties to a
dispute, regardless of any larger principles that might
be involved. Also termed justice in personam;
popular justice; social justice.
popular justice. (17c) Demotic justice, which is usu.
considered less than fully fair and proper even though
it satisfies prevailing public opinion in a particular
case. Cf. social justice.
"Nothing is more treacherous than popularjustice in many
of its manifestations, subject as it is to passion, to fallacy,
and to the inability to grasp general notions or to distin
guish the essential from the inessential." Carleton K. Allen,
Law in the Making 387 (7th ed. 1964).
positive justice. (l7c) Justice as it is conceived, recog
nized, and incompletely expressed by the civil law or
some other form of human law. Cf. POSITIVE LAW.
preventive justice. Justice intended to protect against
probable future misbehavior. -Specific types of
preventive justice include appointing a receiver or
administrator, issuing a restraining order or injunc
tion, and binding over to keep the peace.
social justice. (1902) 1. Justice that conforms to a moral
principle, such as that all people are equal. 2. One
or more equitable resolutions sought on behalf of
individuals and communities who are disenfran
chised, underrepresented, or otherwise excluded
from meaningful partiCipation in legal, economic,
cultural, and social structures, with the ultimate
goal ofremoving barriers to participation and effect
ing social change. Also termed justice in rem. Cf.
personal justice; CAUSE LAWYERING.
substantial justice. (l7c) Justice fairly administered
according to rules of substantive law, regardless of
any procedural errors not affecting the litigant's sub
stantive rights; a fair trial on the merits.
2. A judge, esp. of an appellate court or a court oflast
resort. -Abbr. J. (and, in plural, JJ. [Cases: Judges
1.]
associate justice. (lSc) An appellate-court justice other
than the chief justice.
chiefjustice. (I5c) The presiding justice of an appellate
court, usu. the highest appellate court in a jurisdic
tion and esp. the U.S. Supreme Court. -Abbr. c.J.
circuit justice. (18c) 1. A justice who sits on a circuit
court. 2. A U.S. Supreme Court justice who has juris
diction over one or more of the federal circuits, with
power to issue injunctions, grant bail, or stay exe
cution in those circuits. [Cases: Federal Courts C=>
446.} justiciability
circuit-riding justice. Hist. A U.S. Supreme Court
justice who, under the Judiciary Act of 1789, was
required to travel within a circuit to preside over
trials. _ In each of three circuits that then existed,
two justices sat with one district judge. See CIRCUIT
RIDING.
3. Hist. Judicial cognizance ofcauses or offenses; juris
diction.
high justice. Hist. Jurisdiction over crimes of every
kind, including high crimes.
low justice. Hist. Jurisdiction over petty offenses.
justice-broker. Archaic. A judge who sells judicial deci
sions.
justice court. See COCRT.
justice ejectment. See EJECTMENT.
justice in eyre (air). Hist. One ofthe itinerant judges who,
in medieval times, investigated allegations of wrongdo
ing, tried cases, and levied fines. -Also termed justicia
errante;justiciar in itinere. See EYRE.
justicement. Archaic. 1. The administration ofjustice.
2. (pl.) All things relating to justice.
justice of the peace. (lSc) A local judicial officer having
jurisdiction over minor criminal offenses and minor
civil disputes, and authority to perform routine civil
functions (such as administering oaths and performing
marriage ceremonies). -Abbr. J.P. Cf. MAGISTRATE
(3). [Cases: Justices of the Peace C:=> 1, 31.]
;ustice-of-the-peace court. See justice court under
COURT.
justice of the quorum. 1. A judge on a panel desig
nated to hear appeals. -In Massachusetts, the panel is
sometimes called a quorum. 2. Hist. A county justice
or justice of the peace, designated by the governor in a
commission of peace, who had to be present or else a
court could not sit. 3. Hist. A distinction conferred on
a justice of the peace by directing in the commis
sion authorizing the holding of quarter sessions that
from among those holding court must be two or more
specially so named. -The distinction was conferred on
some, or occasionally all, of the justices ofthe peace of
a county in England.
justicer, n. Archaic. One who administers justice; a
judge.
justiceship. 1. Ihe office or authority of a justice. 2. The
period ofa justice's incumbency.
justice's warrant. See peace warrant under WARRANT
(1).
justiciability Oa-stish-ee-a-bil-a-tee orja-stish-a-bil-a
tee), n. (15c) The quality or state of being appropriate
or suitable for adjudication by a court. See MOOTNESS
DOCTRINE; RIPENESS. Cf. STANDING. [Cases: Action
6; Federal Courts C:=> 12.1.]
"Concepts ofjusticiability have been developed to identify
appropriate occasions for judicial action.... The central
concepts often are elaborated into more specific categories
ofjusticiability -advisory opinions, feigned and collusive
cases, standing, ripeness, mootness, political questions,

944 justiciable
and administrative questions." 13 Charles Alan Wright et
aI., Federal Practice and Procedure  3529, at 278-79 (2d
ed.1984).
justiciable (jd-stish-ee-d-bd] or jds-tish-d-bdl), adj. (Of
a case or dispute) properly brought before a court of
justice; capable of being disposed of judicially <a jus
ticiable controversy>. [Cases: Action C=,6; Federal
Courts
justicia errante. See J"GSTICE IN EYRE.
justiciar (jd-stish-ee-dr), n. 1. Hist. A royal judicial
officer in medieval England; esp., a justice presiding
over a superior court. 2. JUSTICIARY (2). Also spelled
justicier.
justiciarii itinerantes (jds-tish-ee-air-ee-I J-tin-d-ran
teez), n. [Latin "itinerant justices") Justices in eyre. See
JUSTICE IN EYRE.
justiciarii residentes (jds-tish-ee-air-ee-I rez-i-den-teez),
n. [Latin "resident justices"] Hist. Justices who usu. held
court in Westminster, as opposed to traveling with the
eyre. Cf. EYRE.
justiciar in itinere. See JUSTICE IN EYRE.
justiciary (j;:l-stish-ee-er-ee), adj. Of or relating to the
administration of justice; pertaining to the law. See
HIGH COURT OF JUSTICIARY.
justiciary (ja-stish-ee-er-ee), n. 1. A justice or judge. 2.
Hist.The chief administrator ofboth government and
justice. From the time of the Norman Conquest in
1066 until the reign ofHenry III (1216-1272), the jus
ticiary presided in the King's Court and in the Exche
quer, supervising all governmental departments and
serving as regent in the king's absence. These functions
were later divided among several officials such as the
Lord Chancellor, the ChiefJustice, and the Lord High
Treasurer. Also termed justiciar; chief justiciar; cap
italis justiciarius. 3. Scots law. The administration of
justice, esp. ofcriminal law.
justicier. See JUSTICIAR.
justicies (ja-stish-ee-eez). Hist. A writ empowering the
sheriff to allow certain debt cases in a county court.
The writ was so called because of the Significant word
in the writ's opening clause, which stated in Latin,
"We command you that you do justice to [a person
named]."
justicing room. Hist. A room in which cases are heard
and justice is administered; esp., such a room in the
house of a justice of the peace.
justifiable, adj. Capable ofbeing legally or morally justi
fied; excusable; defensible.
justifiable homicide. See HOMICIDE.
justifiable war. See BELLUM JUSTUM.
justification, n. (l4c) 1. A lawful or sufficient reason for
one's acts or omissions; any fact that prevents an act
from being wrongful. 2. A showing, in court, ofa suffi
cient reason why a defendant acted in a way that, in the
absence ofthe reason, would constitute the offense with
which the defendant is charged . Under the Model Penal Code, the defendant must show that the harm
or evil that resulted from taking the action was less
than the harm or evil that the law creating the offense
charged was seeking to prevent. Model Penal Code
 3.02. Also termed justification defense; necessity
defense. See lesser-evils defense under DEFENSE (1).
[Cases: Criminal Law C:::::> 38.] 3. A surety's proof of
having enough money or credit to provide security for
the party for whom it is required. -justify, vb. jus
tificatory (jas-ti-fi-k<l-tor-ee), adj.
"'A little bit of history: the term 'justification' was formerly
used for cases where the aim of the law was not frustrated,
while 'excuse' was used for cases where It was not thought
proper to punish. Killing a dangerous criminal who had
tried to avoid arrest was justified, since the law (if one may
personify) wished this to happen, whereas killing in self
defence was merely excused. The distinction was important
because justification was a defence to the criminal charge
while an excuse was not, being merely the occasion for a
royal pardon. By the end of the middle ages (it is difficult
to assign a fixed date) even excuses were recognised by
the courts, since when there has been no reason to distin
guish between justification and excuse." Glanville Williams,
Textbook ofCriminal Law 39 (1978).
defensive-force justification. A justification defense
available when an aggressor has threatened harm
to the particular interest that is the subject of the
defense usu. to the actor (self-defense), to other
persons (defense of others), or to property (defense
of property). [Cases: Assault and Battery ~67,68;
Homicide ~757,758, 766-809.]
imperfect justification. (1853) A reason or cause that
is insufficient to completely justify a defendant's
behavior but that can be used to mitigate criminal
punishment. [Cases: Sentencing and Punishment
~72.)
judicial-authority justification. A justification defense
available when an actor has engaged in conduct con
stituting an offense in order to comply with a court
order. [Cases: Assault and BatteryC=64; Homicide
C=)756.]
public-authority justification. A justification defense
available when an actor has been specifically autho
rized to engage in the conduct constituting an offense
in order to protect or further a public interest. [Cases:
Assault and Battery ~64;Homicide
justification defense. Criminal & tort law. A defense that


ases:
Assault and Battery ~64;Homicide
justification defense. Criminal & tort law. A defense that
arises when the defendant has acted in a way that the
law does not seek to prevent . Traditionally, the follow
ing defenses were justifications: consent, self-defense,
defense ofothers, defense ofproperty, necessity (choice
ofevils), the use offorce to make an arrest, and the use
offorce by public authority. Sometimes shortened
to justification. Cf. EXCUSE (2). [Cases: Action
Criminal Law Torts ~121.]
justificator (jas-td-fi-kay-tar). Hist. 1. A compurgator; a
person who testifies under oath in defense of an accused
person. 2. A juror.
Justinian Code (jds-tin-ee-;:ln). Roman law. A collection
ofimperial constitutions drawn up by a commission of
ten persons appointed by the Roman emperor Justinian,

945
and published in A.D. 529. eTen jurists, headed by Tri
bonian, carried out the project beginning in February
A.D. 528 and ending in April 529. It replaced all prior
imperial law, but was in force only until A.D. 534, when
it was supplanted by a revision, the Codex Repetitae
Praelectionis. The precise contents of the first work
are unknown. But the second work, containing the 12
books ofthe revised code, includes the imperial consti
tutions ofthe Gregorian, Hermogenian, and Theodo
sian Codes, together with later legislation, revised and
harmonized into one systematic whole. It deals with
ecclesiastical law, criminal law, administrative law, and
private law. In modern writings, the A.D. 534 version
is the work referred to as the Justinian Code. -Also
termed Justinianean Code (jas-tin-ee-an-ee-;m); Code
ofJustinian; Codex Justinianus (koh-deks-jas-tin-ee
ay-nas); Codex Vetus COld Code"); Codex Iustinianus
Repetitae Praelectionis.
"By the time when the Digest and Institutes had been com
pleted it was obvious that the Codex, published little more
than four years earlier, was incomplete, since in the interval
justinian ... had promulgated other new constitutions.
Tribonian, therefore, was appointed to revise the Code,
so as to bring it fully up to date, and at the end of the
year A.D. 534 this new Code, known as the Codex Repeti
tae Praelectionis, was promulgated, and is the only Code
which survives to the present day. justinian seem to have
laboured under the erroneous impression that the system
he had framed would be adequate for all time. But as there
is nothing static about law, further legislative enactments,
termed Novellae Constitutiones, were issued during his
reign.... In modern times justinian's various compilations
came to be called collectively the Corpus Juris Civilis: the
Corpus being regarded as a single work, made up of the
Institutes, the Digest, the Codex Repetitae Praelectionis,
and the Novels." R.W. Leage, Roman Private Law 44 (C.H.
Ziegler ed., 2d ed. 1930).
Justinianist (j<l-stin-ee-a-nist), n. 1. One who is knowl
edgeable about the Institutes of Justinian_ 2. One who
has been trained in civil law.
Justinian's Institutes. See INSTITUTE.
justitia (jds-tish-ee-<l), n. [Latin] Justice.
justitia denegata (jas-tish-ee-a dee-na-gay-ta). See
DENIAL OF JUSTICE.
justitia naturalis (jas-tish-ee-<l nach-d-ray-lis). See
natural justice under rUSTICE (1).
justitium (jas-tish-ee-am), n. [Latin] Civil law. A suspen
sion or intermission ofthe administration ofjustice in
the courts, as for vacation time.
justo tempore (jas-toh tem-pa-ree). [Latin "at the right
time"] Hist. In due time.
jus tripertitum (jds trr-p<lr-tI-tdm). [Latin "law in three
parts"] Roman law. The law ofwills in the time of Jus
tinian, deriving from the praetorian edicts, from the
civil law, and from the imperial constitutions. See tes
tamentum tripertitum under TESTAMENTUM.
jus trium liberorum (jds tn-am lib-d-ror-dm). [Latin]
See JUS LIBERORUM.
just title. See TITLE (2).
justum matrimonium. See JUSTAE NUPTIAE. Juvenile Delinquency Prevention Act
just value. See fair market value under VALUE (2).
just war. 1. BELLUM JUSTUM. 2. See rUST-WAR DOCTRINE.
just-war doctrine. Int'llaw. The principle that a war
should have a morally and legally sufficient cause, and
must be conducted with restraint.  Precisely what is
morally or legally sufficient depends on the norms of
a time and place. Over the centuries the doctrine has
been invoked to justify wars waged in self-defense, to
avenge injuries and punish wrongs, and over religious
differences. Restraint means that the least amount of
force possible under the circumstances should be used
and only when necessary. Also termed just-war
theory. See BELLUM JUSTUM.
jus urbanorum praediorum. See urban servitude (2)
under SERVITUDE (2).
jus utendi (jdS yoo-ten-dI), n. [Latin "right of using"]
Roman & civil law. The right to use another's property
without consuming it or destroying its substance. See
USUFRUCT. Cf. JUS ABUTENDI.
jus vindicandi (jas vin-di-kan-dl). Roman law. An
owner's right to recover lost possession even from a
bona fide possessor who has given value . This right,
which generally does not exist under modern law, had
many exceptions_ See R.W. Lee, An Introduction to
Roman-Dutch Law 433 (4th ed. 1946).
jus vitae necisque (jas VI-tee ni-sis-kwee). [Latin "right of
life and death "] Roman law. The power held by the head
of the household over persons under his paternal power
and over his slaves . This right was greatly dimin
ished under later Roman law. See patria potestas under
POTESTAS.
juvenile (joo-v<l-n<ll or -ml), n. (18c) A person who has
not reached the age (usu. 18) at which one should be
treated as an adult by the criminal-justice system;
MINoR.[Cases: Infants ~68.5.1 -juvenile, adj.
juvenility (joo-va-nil-a-tee), n.
certified juvenile. (1971) A juvenile who has been certi
fied to be tried as an adult.
juvenile court. See COURT.
juvenile-court judge. See JeDGE.
juvenile delinquency. (1816) Antisocial behavior by a
minor; esp., behavior that would be criminally pun
ishable if the actor were an adult, but instead is usu.
punished by special laws pertaining only to minors. Cf.
INCORRIGIBIUTY. [Cases: Infants (:::::> 153.J
"'juvenile delinquency; when employed as a technical term
rather than merely a descriptive phrase, is entirely a leg
islative product ...." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law940 (3d ed. 1982).
Juvenile Delinquency Prevention Act. A federal statute
whose purpose is (1) to help states and local communi
ties provide preventive services to youths who are in
danger ofbecoming delinquent, (2) to help in training
personnel employed in or preparing for employment in
occupations that involve the provision ofthose services,
and (3) to give technical assistance in this field. 42
USCA  3801 et seq.

juvenile delinquent. (1816) A minor who is guilty of
criminal behavior, usu. punishable by special laws
not pertaining to adults. Sometimes shortened to
delinquent. Also termed juvenile offender; youthful
offender; delinquent minor. See OFFENDER. Cf. delin
quent child under CHILD. [Cases; Infants
Juvenile Justice and Delinquency Prevention Act.
A federal statute that provides funding, assistance,
training, and support to state-operated juvenile-jus
tice programs, initiatives, and court systems. 42 USCA
 5601-5785.
juvenile-justice system. The collective institutions
through which a youthful offender passes until any
charges have been disposed of or the assessed pun
ishment has been concluded. -'{he system comprises
juvenile courts (judges and lawyers), law enforcement
(police), and corrections (probation officers and sodal
workers).
juvenile offender. See JUVENILE DEI.INQUENT.
juvenile officer. See OFFlCER (1). juvenile parole. See PAROLE.
juvenile petition. See PETITION.
juxta (j;)ks-t<}). [Latin] Near; following; according to.
juxta conventionem O;Jks-ta k;m-ven-shee-oh-n<lm).
[Latin] According to the covenant.
juxta formam statuti Oaks-ta for-m<lm sta-t[y]oO-tI).
[Latin] According to the form ofthe statute.
juxtaposition (jaks-ta-p<l-zish-,m), n. (17c) 1. The act or
an instance of plaCing two or more things side by side
or near one another. 2. Patents. See AGGREGATION.
juxtapose (jaks-ta-pohz), vb. juxtapositional, adj.
juxta ratam Oaks-ta ray-ti1m). [Latin] At or after the
rate.
juxta tenorem sequentem (j;Jks-t<'l ti1-nor-<lm si'I-kwen
ti'lm). [Latin] According to the tenor following.
juzgado (hoos-gah-doh). [Spanish "court"] 1. A court
oflaw, esp. one presided over by a Single judge. 2. A
courthouse.

K
K. abbr. Contract.
k/a. abbr. Known as.
Kaldor-Hicks efficiency. See WEALTH MAXIMIZATION.
kalendar. Archaic. See CALENDAR.
kalendarium (kal-Jn-dair-ee-Jm). [Latin] Roman law. 1.
A book of accounts in which a moneylender recorded
the names of debtors and the principal and interest due.
2. A written register ofbirths, recorded daily.
Kalends. See CALENDS.
kangaroo court. See COURT.
K.B. abbr. KING'S BENCH.
K.C. abbr. KING'S COUNSEL.
k.d., adj. abbr. (In a bill of lading) knocked down; not
assembled or set up . When goods, equipment, or the
~ike are shifped"in disassembled form, the bill oflading
IS marked k.d.
keelage (kee1-ij). Rist. 1. The right to demand payment
ofa toll by a ship entering or anchoring in a harbor. 2.
The toll so paid.
keelhaul (keel-hawl), vb. (17c) 1. Hist. To drag (a person)
through the water under the bottom of a ship as punish
ment or torture. 2. To rebuke or reprimand harshly.
Keeling Schedule. English law. A device that shows how
an existing statute will read if a proposed amendment
is adopted . A Keeling Schedule is usu. included as an
appendix to the proposed amendment. The schedule is
named for E.H. Keeling, a member ofParliament who
began promoting the use of schedules in 1938 as a way
to avoid amending legislation by reference. It is rarely
used today.
keeper. (15c) One who has the care, custody, or manage
ment of something and who usu. is legally responsible
for it <a dog's keeper> <a keeper oflost property>.
Keeper of the Briefs. See CUSTOS BREVIUM.
Keeper of the Broad Seal. See KEEPER OF THE GREAT
SEAL.
Keeper of the Great Seal. In England and Scotland,
an officer who has custody of the Great Seal and who
authenticates state documents of the highest impor
tance. In England, the duties of the Keeper of the
Great Seal are now discharged by the Lord Chancel
lor. Also termed Lord Keeper ofthe Great Seal; Lord
Keeper; Keeper ofthe Broad Seal; Custos Sigilli.
Keeper of the Hanaper. Hist. The head of the receiv
ing and accounting department in Chancery . The
Hanaper received fees collected on charters and letters
granted under the Great Seal and fines for Chancery
writs, paid Chancery staff wages, purchased office supplies, and accounted for the Chancery's revenues
and expenses.
Keeper of the King's Conscience. See LORD CHANCEL
LOR.
Keeper of the Privy Seal (priv-ee). 1. LORD PRIVY SEAL.
2. In Scotland and Cornwall, an officer similar to the
English Lord Privy Seal.
Keeper ofthe Rolls. See CUSTOS ROTULORUM.
Kellogg-Briand Pact. Int'llaw. A 1928 treaty under
which the United States, France, and (by 1933) 63 other
nations purported to outlaw war and pledged to settle
future differences through diplomacy . Among the
signatories were Germany, Japan, and Italy nations
whose acts ofaggression lead to World War II. 46 Stat.
2343, T.S. No. 796. Also termed Pact ofParis.
kenning to a terce