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JUDEX

Judex datus. A judge appointed to sit in a cause.

Judex debet judicare secundum allegata et probata. A judge ought to decide according to pleadings and proofs.

Judex delegatus. A specially appointed judge.

Judex est lex loquens. The judge is the law speaking.

Judex fiscalis. A judge with jurisdiction in fiscal matters. See Fiscal.

Judex habere debet duos sales, salem sapientiae ne sit insipidus, et salem conscientiae, ne sit diabolus. A judge ought to have two salts, the salt of wisdom, lest he be foolish, and the salt of conscience, lest he be devilish. Judex non potest esse testis in pro

pria causa. A judge cannot be a witness in his own case. Judex non potest injuriam sibi datam punire. A judge cannot punish a wrong done to himself. Judex non reddit plus quam quod petens ipse requirit. A judge should not render judgment for more than that which the plaintiff himself asks.

Judex ordinarius. (Civil Law) A judge in his own right, not appointed.

Judex pedaneus. A judge of an inferior court.

Judex quaestionis. (Civil Law) A quaestor, which see. Judex selectus. (Civil Law) A selected judge; one who decided questions of fact criminal

causes.

in

Judge. Often used for "court" in statutes. See 87 Kan. 485, Ann. Cas. 1913E, 384, 125 Pac. 47. A public officer clothed with judicial authority, by his office. See 158

JUDGMENT

U. S. 278, 39 L. Ed. 982, 15 Sup.
Ct. Rep. 889.

Judge advocate. The judge of a
military court or court-martial.
Judge or justice. The words “judge
or justice," held not to include
justices of the peace. See 97 N.
Y. 530, 49 Am. Rep. 556.
Judge ordinary. A judge of the
English court of probate for di-
vorce and matrimonial causes.
Judge pro tem. A substitute judge.
Judge-made law. See Judicial legis-
lation.

Judge's certificate. A statement signed by the judge awarding a party his costs in the action. Judge's chambers. See Chambers. Judge's notes. Notes jotted down by the judge in the trial of an

action.

Judgment. The final consideration and determination of a court of competent jurisdiction upon the matters submitted to it. See 3 Mich. 84, 59 Am. Dec. 220. Judgment by confession. Same as Confession of judgment.

Judgment by default. A judgment entered in favor of a party by reason of the failure of the other party to take some necessary step in time. See 22 Fla. 577. Judgment by nil dicit. See Judgment nihil dicit.

Judgment by non sum informatus. A judgment against a defendant who alleges lack of information in lieu of a plea.

Judgment by one's peers. See Judg. ment of his peers.

Judgment creditor. A creditor who has secured a judgment for the amount of the debt against his debtor.

Judgment de melioribus damnis. A judgment for the highest amount,

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Judgment in rem. See In rem. Judgment lien. A lien on the real property of the judgment debtor which attaches upon the entry or recording of the judgment. Judgment nihil (or nil) dicit. A judgment entered for failure to plead. See 77 Tex. 273, 14 S. W. 59.

Judgment nisi. A judgment to become final unless otherwise ordered within the first four days of the next term on a showing made by the party against whom it was rendered.

Judgment non obstante veredicto. A judgment rendered in one's favor notwithstanding a verdict against him. Judgment non

sum informatus.

Same as Judgment by non sum informatus.

Judgment note. A promissory note authorizing the holder to enter judgment for its amount against the maker on default of payment. Judgment nunc pro tunc. A judgment entered now for then, i. e., as of a previous date.

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Judgment of cassetur breve. See Cassetur breve.

Judgment of his peers. Trial by jury. See 2 Md. 429, 56 Am. Dec. 723. Judgment of nil capiat per billam. Same as Judgment of nil capiat per breve.

Judgment of nil capiat per breve. A judgment for the defendant on an issue raised by a plea in bar or plea in abatement.

Judgment of nolle prosequi. A judgment for the defendant upon the plaintiff's formal refusal to proceed.

Judgment of non pros. A judgment

rendered against the plaintiff for failing to proceed with his action. See Non prosequitur. Judgment of nonsuit. A judgment

See

against the plaintiff for failure to prove a cause of action. 169 N. Y. 129, 62 N. E. 158. Judgment of respondeat ouster. A judgment against the defendant on an issue of law raised by a dilatory plea.

Judgment of retraxit. A judgment against a plaintiff who withdraws his action.

Judgment on demurrer. A judg ment in favor of the party whose pleading was demurred to, upon failure to amend.

Judgment on the merits. A judg. ment rendered after all the evidence has been heard and considered. See 69 N. H. 429, 45 Atl. 243.

Judgment on the pleadings. A judgment rendered on motion for insufficiency of the pleadings of

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Judgment quando acciderunt. A judgment against an heir or an executor enforceable only against future assets.

Judgment quod computet. A judg ment ordering the defendant to account.

Judgment quod partes replacitent. A judgment ordering a repleader. See Repleader.

Judgment quod partitio fiat. A judgment ordering a partition. Judgment quod recuperet. A judg ment for the plaintiff rendered otherwise than upon a dilatory plea.

Judgment record. Same as Judgment-roll.

Judgment-roll. The process, pleadings, verdict or findings and judgment in an action, tied together. Judicandum est legibus non exemplis. Matters should be decided by law, not by precedents. Judicare. To judge; to decide. Judicatio. The announcement judgment; the passings of sentence.

of

Judicatores terrarum. Tenants who performed judicial functions under their tenure. Judicature. Judicial power; jurisdiction.

Law Dict.-17

257

JUDICIAL

Judicature acts. Statutes reorganizing the English courts. Judices non tenentur exprimere causam sententiae suae. Judges are not bound to give the reasons for their decisions. Judices ordinarii. Plural of Judex ordinarius.

Judices pedaneos. Plural of Judex pedaneus.

Judices selecti. Plural of Judex selectus.

Judici officium suum excedenti non paretur. A judge need not be obeyed when exceeding his jurisdiction.

Judici satis poena est quod deum habet ultorem. It is is sufficient punishment for a judge that he has God as his punisher. Judicia. Trials; judgments; decisions.

Judicia in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctum adnullentur. Judgments in the king's court are not to be ignored, but they stand in force until annulled by error or attaint.

Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam. Judgments often mature through deliberations, never through hastened process. Judicia posteriora sunt in lege fortiora, The more recent decisions are the stronger in law. Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, as it were, the sayings of the law and are received as truth.

Judicial. Pertaining to or partaking of the office or functions of a judge or other officer or body having power to decide as judge

or court.

JUDICIAL

Judicial act. A determiation of what the law is in relation to some existing thing done or happened. See 101 Cal. 15, 40 Am. St. Rep. 17, 35 Pac. 353. Judicial admission. One made voluntarily before a court or magistrate.

Judicial committee of the privy council. An English tribunal which had jurisdiction of appeals in admiralty and lunacy cases until 1873.

Judicial confession. Same as Judicial admission.

Judicial convention. An agreement pursuant to an order of court. Judicial day. One in which legal and judicial business can be transacted. Cf., Legal day, Dies non. See 48 La. Ann. 1088, 20 South. 281.

Judicial decision. An opinion of a court or judge on the law as applied to the facts in a case. See 73 Miss. 463, 19 South. 211. Judicial discretion. A judge's personal determination of matters of fact which are by law intrusted thereto. See Discretion. See, also, 52 N. H. 401, 13 Am. Rep. 55.

Judicial documents. Those filed in an action or other judicial proceeding.

Judicial legislation. A term applied to decisions which are criticised as not in accord with law and therefore as infringing upon legislative power.

Judicial mortgage. Same as Judgment lien.

Judicial notice. A court's recogni

tion of certain commonly known facts without requiring proof thereof. See 116 N. Y. 615, 6 L. R. A. 246, 23 N. E. 9.

JUDICIS

Judicial power. The power vested

in the courts; the power vested in any public officer to perform judicial acts. See 77 Ala. 422, 54 Am. Rep. 65.

Judicial proceedings. Proceedings before a judge or court of justice. Judicial sale. One made under the process of a court having competent authority to order it, by an officer legally appointed and commissioned to sell. See 135 Am. St. Rep. 918, note.

Judicial separation. An establishment of the right of one spouse to live apart from the other and of rights of property and custody of the children, without divorce. Judicial writ. Any writ issued by

a court after an action is begun. Judiciary. Pertaining to the judges or the courts; the judges as a body.

Judiciary Act. An act of Congress,

September 24, 1789, establishing the United States federal courts. Judiciis posterioribus fides est adhibenda. Faith should be placed in more recent decisions. Judicis est in pronuntiando sequi regulam, exceptione non probata. The exception not being proved, it is the judge's duty to follow

the rule.

Judicis est judicare secundum allegata et probata. It is the duty of the judge to decide according to the allegations and proofs, i. e., the pleadings and the evidence. Judicis est jus dicere non dare. It is the duty of a judge to administer justice, not to make law. Judicis officium est opus diei in die

suo perficere. It is the duty of a judge to complete the day's work on the day.

Judicis officium est ut res ita tempora rerum quaerere; quaesito

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JURA

Jugum terrae. A yoke of land; half of a plough-land. See Ploughland.

Juicio. (Spanish) An action or suit. Juicio de apeo. (Spanish) A decree establishing a boundary.

Juicio de concurso de acreedores. (Spanish) A judgment directing a pro rata payment to the creditors of an insolvent.

Julian calendar. A solar calendar adopted by Julius Caesar. Jument. A plough ox. Jumenta. Beasts of burden. To flee while released Jump bail. on bail. Juncta juvant. United, they suc ceed. See Quae non valeant, etc. Junior. Younger; of secondary consequence, standing or rank; that over which something else stands prior in right.

Junior creditor. One the due date of whose debt was later than that of another creditor.

Junior encumbrance. An encumbrance over which another has priority.

Junior execution. An execution levied subsequently to another on a different judgment. Junior judgment. A judgment of later rendition or entry than another one.

Junior mortgage. One over which another has priority.

Junior-right. Same as Borough English.

Juniperus sabina. A plant the product of which is used in abortions.

Junta. Same as Junto.

Junto. A secret political council; a political faction. Jura. Plural of Jus.

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