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Glossary
Jactitation
A false boast by someone intended to increase his standing at the expense of
another. This formed the basis of an ancient legal petition called "jactitation
of marriage" in which 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 (which see) is a form of jactitation.
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.
Joint and several liability
A legal term allowing each party having liability to be sued for the entire
amount of damages done by all the parties.
Joint custody
A child custody decision in which both parents share joint legal custody and
joint physical custody. This is not 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
A process whereby a court of law is asked to rule on the appropriateness of an
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
A court's authority to preside over a situation, usually acquired in one of
three ways: over acts committed in a defined territory (e.g. the jurisdiction of
the Supreme Court of Illinois is limited to acts committed or originating in
Illinois); over certain types of cases (the jurisdiction of a bankruptcy court
is limited to bankruptcy cases); or over certain persons (a military court has
jurisdiction limited to actions of enlisted personnel).
Jurisprudence
Technically, jurisprudence means the "science of law". Statutes articulate the
rules of law, with only rare reference to actual situations. The application of
these statutes to actual cases and 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.
Jury instructions
A judge's directions to the jury before it begins deliberations regarding the
factual questions it must answer and the legal rules that it must apply.
Jus
Latin: word which, in Roman law, meant the law or a right. Also speld "ius" in
some English translations.
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. Some courts have said that a jus spatiandi is a special type
of easement.
Justice Fairness
A state of affairs in which conduct or action is both fair and right, given the
circumstances. In law, the paramount obligation to ensure that all persons are
treated fairly. Litigants "seek justice" by asking for compensation for wrongs
committed against them that will right the inequity such that the balance of
"good" or "virtue" over "wrong" or "evil" has been corrected
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