J. D.
Abbreviation for "juris doctor" or "doctor of jurisprudence" and
the formal name given to the university law degree in the United
States. It is a prerequisite to most bar admission exams.
Jactitation
A false boast designed to increase standing at the expense
of another. This used to form the basis of an ancient legal
petition
called "jactitation of marriage" wherein a person
could be ordered by the courts to cease claims of being married
to a
certain person when, in fact, they were not married. The tort
of slander of title is a form of jactitation.
Joint custody
A child custody decision which means that both parents share
joint legal custody and joint physical custody. This is not
very common
and many professionals have taken to referring to "joint
legal custody but sole maternal physical custody" as "joint
custody".
Joint tenancy
When two or more persons are equally owners of some property.
The unique aspect of joint tenancy is that as the joint
tenancy owners die, their shares accrue to the surviving
owner(s)
so that, eventually, the entire share is held by one person.
A
valid joint
tenancy is said to require the "four unities":
unity of interest (each joint tenant must have an equal
interest including
equality of duration and extent), unity of title (the interests
must arise from the same document), unity of possession
(each joint tenant must have an equal right to occupy the
entire property)
and unity of time: the interests of the joint tenants must
arise at the same time.
Judicial review
When a court decision is appealed, it is known as an "appeal." But
there are many administrative agencies or tribunals which
make decisions or deliver government services of one sort
or another,
the decisions of which can also be "appealed." In
many cases, the "appeal" from administrative
agencies is known as "judicial review" which
is essentially a process where a court of law is asked
to rule on the appropriateness of
the administrative agency or tribunal's decision. Judicial
review is a fundamental principle of administrative law.
A distinctive
feature of judicial review is that the "appeal" is
not usually limited to errors in law but may be based
on alleged errors
on the part of the administrative agency on findings of
fact.
Jure
Latin, from Roman law: by right, under legal authority
or by the authority of the law. A variation, "juris" means "of
right" or "of the law." See jurisprudence
below which means "science of the law."
Jurisdiction
legal authority which a court has over particular persons,
certain types of cases, and in a defined geographical
area
Jurisprudence
Technically, jurisprudence means the "science of law".
Statutes articulate the bland rules of law, with
only rare reference to factual situations. The actual application
of these statutes
to facts is left to judges who consider not only
the statute but also other legal rules which might be relevant
to arrive at a
judicial decision; hence, the "science".
Thus, jurisprudence" has
come to refer to case law, or the legal decisions
which have developed and which accompany statutes
in applying the law against situations
of fact.
Jury
A group of citizens randomly selected from the general
population and brought together to assist justice
by deciding which
version, in their opinion, constitutes "the
truth" given different
evidence by opposing parties.
Jus
Latin: word which, in Roman law, meant the law
or a right. Also spelt "ius" in some
English translations. For example, public law
was called "jus publicum" and private
law was called "jus privatum."
Jus
spatiandi et manendi
Latin: referring to a legal right of way, and
to enjoyment, granted to the public but only
for the
purposes of
recreation or education,
such as upon parks or public squares. Very similar
to an easement of which some courts have said
a jus spatiandi
is a special
type.
Justice
Fairness. A state of affairs in which conduct
or action is both fair and right, given the
circumstances. In
law, it more
specifically
refers to the paramount obligation to ensure
that all persons are treated fairly. Litigants "seek
justice" by asking
for compensation for wrongs committed against
them; to right the inequity such that, with
the compensation, a wrong has been righted
and the balance of "good" or "virtue" over "wrong" or "evil" has
been corrected.
Juvenile Law
the area of law that deals with juvenile delinquency
proceedings or other court proceedings involving
minors (those under
the age of 18)
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