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Legal Dictionary J
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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.
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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.
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Joint and several liability
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Liability of more than one person for which each person may be sued
for the entire amount of damages done by all.
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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".
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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.
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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.
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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."
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Jurisdiction :
Refers to a court's authority to judge over a situation usually
acquired in one of three ways: over acts committed in a defined
territory (eg. the jurisdiction of the Supreme Court of Australia is
limited to acts committed or originating in Australia), 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).
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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.
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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.
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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."
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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.
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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.
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