With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Traditional meaning of juice in English (with legal use of this Latin concept in England and the United States in the nineteenth century) [1]: (in Latin) Right; Justice; Law; See 1 survey.
and Maitl. Hist. 175; 2 Id. 33; LAW; SWEAR; JURIS. Jus abutendi (the right to abuse): the right to use as you wish; Property. Jus accrescendi: the right to survival [as in the case of common property, in the event of the death of one owner, if the other has the totality]; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 184; Wig. Ev.; § 2532 Jus accrescendi inter mercatores, pro beneflcio commercii, locum non habet: For the benefit of trade, the right of survival between traders does not exist. Jus accrescendi praefertur oneribus: The right to survive is preferred to burdens or ultimo voluntati to the last will. Jus ad rem: right to a thing (in civil law); a personal right; a contractual right. A right to possession of a thing (in canon law); an immature or imperfect right.
A right to a thing (at common law) distinct from ius in re, a right without possession; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 312. Jus aesneciae: the right of primogeniture. Jus angariae: see ANOARIA. Jus aquam ducendi: the right to carry water [on someone else`s land]. Jus banci (right to the judiciary): right to have a high seat of justice, which belongs only to the king`s judges. Jus belli: martial law. Jus canonicum, canon law; civil law, civil law; see CORPUS JURIS; CANON LAW; CIVIL LAW. Jus civitatis: the right to citizenship. Common juice: customary law; general law; See 1 survey. and Maitl. Hist. 176.
Jus cudendae monetae: the right to mint money. Jus curialitatis: the law of England. Jus dare: Making laws. Jus deliberandi: the right to advise. In Scotland, the right of the heir to check for one year whether he accepts the succession. Jus dicere: promulgate the law. Jus disponendi : Right of disposal or disposition. Jus duplicatum: a double right; law law; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 199. Juice and fraus nunquam cohabiting: justice and deception never go hand in hand. Jus ex injuria non oritur: No right can flow from injustice.
Jus fiduciarium: a right to trust, a moral right; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 328. Jus gentium: the law of nations. Jus habendi et retinendi: the right to have and preserve the profits, tithes and offerings of a presbytery or presbytery. Jushauriendi: the right to draw water. Jus in re: in Roman law, a right in one thing; a property right against the whole world, including an easement or easement; Droit Droit, a property right associated with property. The same applies to jus in reding: a right in rem, a right over the matter itself; see AD REM; IUS AD REM. Jus in personam: right against a person or a specific group of persons; a personal right, a right based on a contract or the act of another person. Jus legitimum: a legal right; enforceable; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 328. Jus mariti: the right of the husband; as to his wife`s movable property.
Jus menun: simple right [without possession or right to it]. Jus naturae: the law of nature. Jus naturale: Natural law. Jus non scriptum: the unwritten law. Jus pascendi: grazing rights. Jus patronatus: 1. The right of patronage or gift in the case of a gift. 2.
An order of the bishop, given when two competing presentations on the same avoidance are made to him, and addressed to the chancellor of the bishop and other competent scholars, who must convene a jury of six clergy and six laymen to determine who is the rightful patron; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 246. Jus postliminii: the owner`s right to claim property after reconquest in time of war. Jus precarium: a right that exists only in Curtesy; uncertain; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 328. Jus presentationis: see JUS PATRONATUS, I. Jus proprietatis: das Eigentumsrecht; see Book 2 (“The Rights of Things”), Blackstone`s Commentaries on the Laws of England 197. Jus publicum privatorum pactis mutari non potest: A public law cannot be changed by agreements between individuals. Jus relictae: a widow`s right to the personal property of her deceased husband; In ancient times, half or a third if there were children. Jus scriptum: written law. Jus tertii: right of a third party; see 2 Survey.
& maid. Hist. 74, 76. Jus utendi: the right to use a thing, the opposite of jus abutendi. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues.
A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. “Jus.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/jus. Retrieved 28 October 2022. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. The study of the law and the structure of the legal system gives instructions from the judge to the jury before it begins its deliberations on the factual questions to be answered and the legislation to be applied. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases.
In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code.