Legal Term Dictionary

A list of persons qualified to serve on juries.

A list of persons qualified to serve on juries. Less...

In practice. A certain number of men, selected according to law, and sworn (jurati) to inquire of certain matters of fact and declare the truth upon evidence to be laid before them. This definition embraces the various subdivisions of juries; as grand jury, petit fury, common jury, special fury, coroner's More...

In practice. A certain number of men, selected according to law, and sworn (jurati) to inquire of certain matters of fact and declare the truth upon evidence to be laid before them. This definition embraces the various subdivisions of juries; as grand jury, petit fury, common jury, special fury, coroner's jury, sheriffs jury, (q. v.) A jury is a body of men temporarily select-ed from the citizens of a particular district and invested with power to present or Indict a person for a public offense, or to try a question of fact. Code Civil Proc. CaL | 190. The terms "jury" and "trial by jury," as used in the constitution, mean twelve competent men, disinterested and impartial, not of kin, nor persona] dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bias in favor of or against either party, duly impaneled and sworn to render a true verdict according to the law and the evidence. State v. McClear, 11 Nev. 39. Classification—Common jury. In practice. The ordinary kind of jury by which issues of fact are generally tried, as. distinguished from a special jury, (q. v.)—Foreign jury. A jury obtained from a county other than that in which issue was joined.—Grand jury. A jury of inquiry who are summoned and return¬ed by the sheriff to each session of the crim¬inal courts, and whose duty is to receive com¬plaints and accusations in criminal cases, hear the evidence adduced on the part of the state, and find bills of indictment in cases where they are satisfied a trial ought to be had: They are first sworn, and instructed by the court. This is called a "grand jury" because it com¬prises a greater number of jurors than the ordinary trial jury or "petit jury." At common law, a grand jury consisted of not less than twelve nor more than twenty-three men, and this is still the rule in many of the states, though in some the number is otherwise fixed by statute; thus in Oregon and Utah, the grand jury is composed of seven men; in South Dakota, not less than six nor more than eight; in Texas, twelve; in Idaho, sixteen; in Wash¬ington, twelve to seventeen; in North Dakota, sixteen to twenty-three; in California, nine¬teen ; in New Mexico, twenty-one. See Ex parte Bain, 121 U. S. 1. 7 Sup. Ct. 781, 30 L. Ed. 849* In re Gardiner. 31 Misc. Rep. 364, 64 N. Y. Supp. 760; Finley v. State, 61 Ala. 204; People v. Duff. 65 How. Prac (N. Y.) 365; English v. State, 31 Fla. 340, 12 South. 689. —Mixed jury. A bilingual jury; a jury of the half-tongue. See DE MEDIETATAS LIN¬GUA. Also a jury composed partly of negroes and partly of white men.—Petit jury. The ordinary jury of twelve men for the trial of a civil or criminal action. So called to distinguish it from the grand jury. A petit jury is a body of twelve men impaneled and sworn in a district court, to try and determine, by a true and unanimous verdict, any question or issue of fact, in any civil or criminal action or proceeding, according to law and the evidence as given them in the court. Gen. St Minn. 1878, c. 71, ( 1.—Pin jury. See Pix.—Special jury. A jury ordered by the court, on the motion of either party, in cases of unusual im¬portance or intricacy. Called, from the man¬ner in which it is constituted, a "struck jury." 3 Bl. Comm. 357. A jury composed of per¬sons above tbe rank of ordinary freeholders; usually summoned to try questions of greater importance than those usually submitted to common juries. Brown.—Struck jury. In practice. A special jury. So called because constituted by striking out a certain number of names from a prepared list. See Wallace v. Railroad Co.. 8 Houst. (Del.) 529. 18 Atl. 818; Cook v. State, 24 N. J. Law. 843.—Trial jury. A body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine, bv verdict, a question of fact Code Civ. Proc. Cal. $ 193. . . Other compound terms.—Jury-ben. The place in court (strictly an inclosed place) where the jury sit during the trial of a cause. 1 Archb. Pr. K. B. 208; 1 Burrill, Pr. 455.— Jury oonunlssioner. An officer charged with the duty of selecting the names to be put into the jury wheel, or of drawing the panel of jurors for a particular term of court.—Jury-list. A paper containing the names of jurors impaneled to try a cause, or it contains the names of all the jurors summoned to attend court.—Jury of matrons. In common-law practice. A jury of twelve matrons or discreet women, impaneled upon a writ de ventre inspi-ciendo, or where a female prisoner, being under sentence of death, pleaded her pregnancy as a ground for staying execution. In the latter case, such jury inquired into the truth of the plea.—Jury process. The process by which a jury is summoned in a cause, and by which their attendance is enforced.—Jury wheel. A machine containing the names of persons qualified to serve as grand and petit jurors, from which, in an order determined by the hazard of its revolutions, are drawn a sufficient number of such names to make up the panels for a given term of court Less...

A juror; one who is impaneled on a jury.

A juror; one who is impaneled on a jury. Less...

One member of a jury of matrons, (q. v.)

One member of a jury of matrons, (q. v.) Less...

Lat. In Roman law. Right; justice; law; the whole body of law; also a right. The term is used in two meanings: 1. "Jus" means "law," considered in the abstract; that is, as distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human More...

Lat. In Roman law. Right; justice; law; the whole body of law; also a right. The term is used in two meanings: 1. "Jus" means "law," considered in the abstract; that is, as distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human history or conduct or social development which we call, in a general sense, "the law." Or it means the law taken as a system, an aggregate, a whole; "the sum total of a number of individual laws taken together." Or It may designate some one particular system or body of particular laws; as In the phrases "jus civile" "jus gentium," "jus prwtorium." 2. In a second sense, "jus" signifles "a right;" that is, a power, privilege, faculty, or demand inherent in one person and incident upon another; or a capacity residing in one person of controlling, with the assent and assistance of the state, the actions of another. This is its meaning in the expressions "jus in rem," "jus accrescendi," "jus possessionis." It is thus seen to possess the same ambiguity as the words "droit," "recht," and "right" (which see.) Within the meaning of the maxim that "ignorantia juris non exousat" (ignorance of the law is no excuse), the word "jus" is used to denote the general law or ordinary law of the land, and not a private right. Churchill v. Bradley, 58 Vt 403. 5 Atl. 189, 56 Am. Rep. 563; Cooper v. Fibbs, L. R. 2 H. L. 149; Freichnecht v. Meyer, 39 N. J. Eq. 561. The continental jurists seek to avoid this ambiguity in the use of the word "jus," by calling its former signification "objective," and the latter meaning "subjective." Thus Mackeldey (Rom. Law, f 2) says: "The laws of the first kind [compulsory or positive laws] form law [jus] in its objective sense, [jus est norma agendi, law is a rule of conduct] The possibility resulting from law in this sense to do or require another to do is law in its subjective sense, [jus est facu as agendi, law is a license to act] The voluntary action of man In conformity with the precepts of law is called 'justice/ {justitia.]" Some further meanings of the word are: An action. Bract, fol. 3. Or, rather, those proceedings in the Roman action which were conducted before the praetor. Power or authority. Sui juris, in one's own power; independent. Inst. 1, 8, pr.; Bract, fol. 3. Alieni juris, under another's power. Inst. 1, 8, pr. The profession (ars) or practice of the law. ,tns ponitur pro ipsa arte. Bract fol. 26. A court or judicial tribunal, (locus in quo redditur jus.) Id. fol. 3. For various compound and descriptive terms, see the following titles beginning with "jus." : Less...

The right of renunciation; the right of an heir, under the Roman law, to renounce or decline the inheritance, as, for example, where his acceptance, in consequence of the necessity of paying the debts, would make it a burden to him. See Mackeld. Rom. Law, ? 733.

The right of renunciation; the right of an heir, under the Roman law, to renounce or decline the inheritance, as, for example, where his acceptance, in consequence of the necessity of paying the debts, would make it a burden to him. See Mackeld. Rom. Law, ? 733. Less...

The right to abuse. By this phrase is understood the right to do exactly as one likes with property, or having full dominion over property. 3 Toul-lier, no. 86.

The right to abuse. By this phrase is understood the right to do exactly as one likes with property, or having full dominion over property. 3 Toul-lier, no. 86. Less...

The right of survivorship. The right of the survivor or survivors of two or more joint tenants to the tenancy or estate, upon the death of one or more of the joint tenants. ' Jo" aoereicendi inter mereatores, pro beneneio oontmereii, locum non habet. The right of survivorship has no More...

The right of survivorship. The right of the survivor or survivors of two or more joint tenants to the tenancy or estate, upon the death of one or more of the joint tenants. ' Jo" aoereicendi inter mereatores, pro beneneio oontmereii, locum non habet. The right of survivorship has no place between merchants, for the benefit of commerce, Co. Litt. 182a; 2 Story, Eq. Jur. ft 1207; Broom, Max. 455. There is no survivorship in cases of partnership, as there is in joint-tenancy. Story, Partn. ? 90. Jns aeerescendi prsefertur oneribus. The right of survivorship is preferred to incumbrances. Co. Litt 185a. Hence no dower or curtesy can be claimed out of a joint estate. 1 Steph. Comm. 816. Jns aoorescendi prsefertnr ultimse vol-untati. The right of survivorship is preferred to the last will. Co. Litt. 185b. A devise of one's share of a joint estate, by will, is no severance of the jointure; for no testament takes effect till after the death of the testator, and by such death the right of the survivor (which accrued at the original creation of the estate, and has therefore a priority, to the other) is already vested. 2 Bl. Comm. 186; 3 Steph. Comm. 316. Less...

A term of the civil law, meaning "a right to a thing;" that is, a right exercisable Jby one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such More...

A term of the civil law, meaning "a right to a thing;" that is, a right exercisable Jby one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other person. It is thus distinguished from jus in re, which is a complete and absolute dominion over a thing available against all persons. The disposition of modern writers is to use the term jus ad rem" as deacriptive of a right without possession, and "jus in re" as descriptive of a right accompanied by possession. Or. in a somewhat wider sense, the former denotes an inchoate.or incomplete right to a thing; the latter, a complete and perfect right to a thing. See The Carlos F. Roses, 177 U. S. 655, 20 Sup. Ct 803, 44 L. Ed. 929; The Young Mechanic, 30 Fed. Cas. 873. In canon law. A right to a thing. An Inchoate and imperfect right, such as Is gained by nomination and Institution; as distinguished from jus in re, or complete and full right such as is acquired by corporal possession. 2 Bl. Comm. 312. Less...

A body of laws drawn up by Sextus ^Bllus, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon such laws; and (3) the forms of procedure. In date, it was subsequent to the jus Flavi-anum, (q. More...

A body of laws drawn up by Sextus ^Bllus, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon such laws; and (3) the forms of procedure. In date, it was subsequent to the jus Flavi-anum, (q. v.) Brown. Less...