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JUDEX

JUDGMENT

Judex datus. A judge appointed to U. S. 278, 39 L. Ed. 982, 15 Sup. · sit in a cause.

Ct. Rep. 889. Judex debet judicare secundum alle. Judge advocate. The judge of a

gata et probata. A judge ought military court or court-martial. to decide according to pleadings Judge or justice. The words “judge and proofs.

or justice,” held not to include Judex delegatus. A specially ap justices of the peace. See 97 N. pointed judge.

Y. 530, 49 Am. Rep. 556. Judex est lex loquens. The judge is Judge ordinary. A judge of the the law speaking.

English court of probate for di

vorce and matrimonial causes. Judex fiscalis. A judge with juris

Judge pro tem. A substitute judge. diction in fiscal matters. See Fiscal.

Judge-made law. See Judicial legisJudex habere debet

lation.

duos sales, salem sapientiae ne sit insipidus,

Judge's certificate. A statement et salem conscientiae, ne sit diabo

signed by the judge awarding a lus. A judge ought to have two

party his costs in the action. salts, the salt of wisdom, lest he Judge's chambers. See Chambers. be foolish, and the salt of con- Judge's notes. Notes jotted down science, lest he be devilish,

by the judge in the trial of an Judex non potest esse testis in promotest esse testis in pro

action. pria causa. A judge cannot be a Judgment. The final consideration witness in his own case.

and determination of a court of Judex non potest injuriam sibi competent jurisdiction upon the datam punire. A judge cannot

matters submitted to it. See 3 punish a wrong done to himself. Mich. 84, 59 Am. Dec. 220. Judex non reddit plus quam quod Judgment by confession. Same as

petens ipse requirit. A judge Confession of judgment. should not render judgment for Judgment by default. A judgment more than that which the plain entered in favor of a party by tiff himself asks.

reason of the failure of the other Judex ordinarius. (Civil Law) A party to take some necessary step judge in his own right, not ap

in time. See 22 Fla. 577. pointed.

Judgment by nil dicit. See JudgJudex pedaneus. A judge of an in. ment nihil dicit. ferior court.

Judgment by non sum informatus. Judex quaestionis. (Civil Law) A judgment against a defendant A quaestor, which see.

who alleges lack of information Judex selectus. (Civil Law) A se

in lieu of a plea. lected judge; one who decided Judgment by one's peers. See Judg. questions of fact in criminal ment of his peers. causes.

Judgment creditor. A creditor who Judge. Often used for "court” in h as secured a judgment for the

statutes. See 87 Kan. 485, Ann. amount of the debt against his Cas. 1913E, 384, 125 Pae. 47. A. debtor. public officer clothed with judicial Judgment de melioribus damnis. A authority, by his office. See 158 judgment for the highest amount,

JUDGMENT

JUDGMENT

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where the verdict differs as to Judgment of assets in futuro. A different defendants.

judgment enforceable against a Judgment debt. A debt owing on

future interest. a judgment.

Judgment of cassetur billa. See

Cassetur billa. Judgment debtor. One against whom a judgment has been en

Judgment of cassetur breve. See tered.

Cassetur breve.

Judgment of his peers. Trial by Judgment debtor summons. A sum

jury. See 2 Md. 429, 56 Am. Dec. mons to a debtor under the Eng.

723. lish bankruptcy act.

Judgment of nil capiat per billam. Judgment for want of prosecution.

Same as Judgment of nil capiat See Judgment of non pros.

per breve. Judgment in error. The judgment Judgment of nil capiat per breve.

rendered on a writ of error. See A judgment for the defendant on Error.

an issue raised by a plea in bar Judgment in personam. See In per

or plea in abatement. sonam.

Judgment of nolle prosequi. .A

judgment for the defendant upon Judgment in rem. See In rem.

the plaintiff's formal refusal to Judgment lien. A lien on the real proceed.

property of the judgment debtor Judgment of non pros. A judgment which attaches upon the entry or

rendered against the plaintiff for recording of the judgment.

failing to proceed with his acJudgment nihil (or nil) dicit. A tion. See Non prosequitur.

judgment entered for failure to Judgment of nonsuit. A judgment plead. See 77 Tex. 273, 14 S. W. against the plaintiff for failure 59.

to prove a cause of action. See Judgment nisi. A judgment to be 169 N. Y. 129, 62 N. E. 158.

come final unless otherwise or- Judgment of respondeat ouster. A dered within the first four days judgment against the defendant of the next term on a showing on an issue of law raised by a made by the party against whom dilatory plea. it was rendered.

Judgment of retraxit. A judgment Judgment non obstante veredicto.

against a plaintiff who withdraws A judgment rendered in one's his action. favor notwithstanding a verdict Judgment on demurrer. A judg. against him.

ment in favor of the party whose · Judgment non sum informatus. pleading was demurred to, upon

Same as Judgment by non sum failure to amend. informatus.

Judgment on the merits. A judg. Judgment note. A promissory note ment rendered after all the eviauthorizing the holder to enter dence has been heard and conjudgment for its amount against sidered. See 69 N. H. 429, 45

the maker on default of payment. Atl. 243. Judgment nunc pro tunc. A judg. Judgment on the pleadings. A ment entered now for then, i. e., judgment rendered on motion for as of a previous date.

insufficiency of the pleadings of

JUDGMENT

JUDICIAL

the adverse party to sustain a Judicature acts. Statutes reorgan. judgment for him. See 159 Mo i zing the English courts. 617, 53 L. R. A. 438, 60 S. W. Judices non tenentur exprimere 1114.

causam sententiae suae. Judges Judgment on the verdict. A judg.

are not bound to give the reament for the party in whose favor

sons for their decisions. the verdict is found.

Judices ordinarii. Plural of Judex Judgment paper. The paper on

ordinarius. which the final judgment in an

Judices pedaneos. Plural of Judex action is signed.

pedaneus.

Judices selecti. Plural of Judex seJudgment pro retorno habendo. A

lectus. judgment ordering a restoration of goods.

Judici officium suum excedenti non

paretur. A judge need not be Judgment quando acciderunt. A

obeyed when exceeding his jurisjudgment against an heir or an

diction executor enforceable only against

Judici satis poena est quod deum future assets.

habet ultorem. It is is sufficient Judgment quod computet. A judg punishment for a judge that he

ment ordering the defendant to has God as his punisher. account.

Judicia. Trials; judgments; deci. Judgment quod partes replacitent. sions.

A judgment ordering a repleader. Judicia in curia regis non adnihil. See Repleader.

entur, sed stent in robore suo Judgment quod partitio fiat. A

quousque per errorem aut attincjudgment ordering a partition.

tum adnullentur. Judgments in Judgment quod recuperet. A judg.

the king's court are not to be ment for the plaintiff rendered

ignored, but they stand in force otherwise than upon a dilatory

until annulled by error or at

taint. plea.

Judicia in deliberationibus crebro Judgment record. Same as Judg.

maturescunt, in accelerato proment-roll.

cessu nunquam. Judgments often Judgment-roll. The process, plead.

mature through deliberations, never ings, verdict or findings and judg.

through hastened process. ment in an action, tied together.

Judicia posteriora sunt in lege for. Judicandum est legibus non exem

tiora. The more recent decisions plis. Matters should be decided

are the stronger in law. by law, not by precedents.

Judicia sunt tanquam juris dicta, Judicare. To judge; to decide.

et pro veritate accipiuntur. JudgJudicatio. The announcement of

ments are, as it were, the say. judgment; the passings of sen ings of the law and are received tence.

as truth. Judicatores terrarum. Tenants who Judicial. Pertaining to or partakperformed judicial functions un

ing of the office or functions of der their tenure,

a judge or other officer or body Judicature. Judicial power; juris. having power to decide as judge diction.

or court. Law Dict. -17

257

JUDICIAL

JUDICIS

body.

Judicial act. A determiation of Judicial power. The power vested

what the law is in relation to in the courts; the power vested some existing thing done or hap in any public officer to perform pened. See 101 Cal. 15, 40 Am. judicial acts. See 77 Ala. 422, 54 St. Rep. 17, 35 Pac. 353.

Am. Rep. 65. Judicial admission. One made vol. Judicial proceedings. Proceedings

untarily before a court or magis before a judge or court of justice. trate.

Judicial sale. One made under the Judicial committee of the privy process of a court having compe

council. An English tribunal tent authority to order it, by an which had jurisdiction of appeals

officer legally appointed and comin admiralty and lunacy cases un

missioned to sell. See 135 Am. til 1873.

St. Rep. 918, note. Judicial confession. Same as Judi

Judicial separation. An establish

ment of the right of one spouse cial admission.

to live apart from the other and Judicial convention. An agreement of rights of property and custody

pursuant to an order of court. of the children, without divorce. Judicial day. One in which legal Judicial writ. Any writ issued by

and judicial business can be a court after an action is begun. transacted. Cf., Legal day, Dies Judiciary. Pertaining to the judges non. See 48 La. Ann. 1088, 20 or the courts; the judges as a

South. 281. Judicial decision. An opinion of a Judiciary Act. An act of Congress,

court or judge on the law as ap September 24, 1789, establishing plied to the facts in a case. See the United States federal courts. 73 Miss. 463, 19 South. 211.

Judiciis posterioribus fides est ad. Judicial discretion. A judge's per

hibenda. Faith should be placed sonal determination of matters in more recent decisions. of fact which are by law in- Judicis est in pronuntiando sequi trusted thereto. See Discretion. regulam, exceptione non probata. See, also, 52 N. H. 401, 13 Am. The exception not being proved, Rep. 55.

it is the judge's duty to follow Judicial documents. Those filed in

the rule. an action or other judicial pro Judicis est judicare secundum alle ceeding.

gata et probata. It is the duty Judicial legislation. A term ap of the judge to decide according plied to decisions which are criti.

to the allegations and proofs, i. e., cised as not in accord with law the pleadings and the evidence. and therefore as infringing upon Judicis est jus dicere non dare. It legislative power.

is the duty of a judge to adminJudicial mortgage. Same as Judg. ister justice, not to make law. ment lien,

Judicis officium est opus diei in die Judicial notice. A court's recogni.

suo perficere. It is the duty of tion of certain commonly known a judge to complete the day's facts without requiring proof work on the day. thereof. See 116 N. Y. 615, 6 L. R. Judicis officium est ut res ita temA. 246, 23 N. E. 9.

pora rerum quaerere; quaesito

DOP

JUDICIUM

JURA

tempore tutos eris. It is as much Jugum terrae. A yoke of land; half the judge's duty to inquire into of a plough-land. See Ploughthe times of things as the things land. themselves; by inquiring into the Juicio. (Spanish) An action or suit. time you will be safe.

Juicio de apeo. (Spanish) A decreo Judicium. A trial; an action; a de

establishing a boundary. cision; an opinion; a judgment.

Juicio de concurso de acreedores. Judicium a non suo judice datum

(Spanish) A judgment directing nullius est momenti. A judgment

a pro rata payment to the credirendered by one not the proper

tors of an insolvent. judge is of no avail.

Julian calendar. A solar calendar Judicium aquae. Trial by water.

adopted by Julius Caesar. See Hot-water ordeal.

Jument. A plough ox. Judicium capitale. A judgment or sentence of death.

Jumenta. Beasts of burden. Judicium Dei. The judgment of

Jump bail. To flee while released God, the outcome of an ordeal on bail. See Ordeal.

Juncta juvant. United, they sucJudicium est quasi juris dictum. A c eed. See Quae non valeant, etc.

judgment is, as it were, a com- Junior. Younger; of secondary conmand of the law.

sequence, standing or rank; that Judicium ferri. Trial by the iron. over which something else stands See Trial by the iron.

prior in right. Judicium ignis. Fire ordeal, which

Junior creditor. One the due date

of whose debt was later than that see.

of another creditor. Judicium non debet esse illusorium;

Junior encumbrance. An encumsuum effectum habere debet. A

brance over which another has judgment ought not to be illu

priority. sory; it ought to have its effect.

Junior execution. An execution Judicium parium. Judgment of his

levied subsequently to another on peers, which see.

a different judgment. Judicium pro rege. Judgment for Junior judgment. A judgment of the king.

later rendition or entry than anJudicium redditur in invitum in

other one. praesumptione legis. In presump- Junior mortgage. One over which tion of law, a judgment is ren another has priority. dered against one's will. See 95 Junior-right. Same as Borough N. Y. 428, 47 Am. Rep. 64.

English. Judicium semper pro veritate accip- Juniperus sabina. A plant the pro

itur. A judgment is always re duct of which is used in aborceived as the truth.

tions. Jugerum. A Roman land measure, Junta. Same as Junto. 240x120 feet.

Junto. A secret political council; Jugulator. A cutthroat.

a political faction. Jugum. A yoke.

Jura. Plural of Jus.

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