Blacks Law Dict. 1st ed

JUDICIAL SEPARATION

658

JUDICIAL

row limits, within which, however, its exoN cise is not subject to review. "Judicial discretion" means a discretion to be exercised in discerning the course prescribed by law. 26 Wend. 143. JUDICIAL DOCUMENTS. Proceed ings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to any judicial proceedings. See 1 Starkie, Ev. 252. JUDICIAL MORTGAGE. In the law of Louisiana. The lien resulting from judg ments, whether rendered on contested cases or by default, whether final or provisional, in favor of the person obtaining them. Civil Code La. art. 3321. JUDICIAL NOTICE. The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and with out the production of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy at bar, and which, from their nature, are not properly the subject of testimony, or which are uni versally regarded as established by common notoriety, e. g., the laws of the state, inter national law, historical events, the constitu tion and course of nature, main geograph ical features, etc. JUDICIAL OFFICER. A person in whom is vested authority to decide causes or exercise powers appropriate to a court. JUDICIAL POWER. The authority vested in courts and judges, as distinguished from the executive and legislative power. JUDICIAL PROCEEDINGS. A gen eral term for proceedings relating to, prac ticed in, or proceeding from, a court of jus tice; or the course prescribed to be taken in various cases for the determination of a con troversy or for legal redress or relief. JUDICIAL SALE. A judicial sale is one made under the process of a court having competent authority to order it, by an officer duly appointed and commissioned to sell, as distinguished from a sale by an owner in vir tue of his right of property. 8 How. 495. JUDICIAL SEPARATION. A sepaia tion of man and wife by decree of court, less complete than an absolute divorce; otherwise called a "limited divorce."

JUDICIAL. Belonging to the office of a judge; as judicial authority. Relating to or connected with the adminis tration of justice; as a judicial officer. Having the character of judgment or formal legal procedure; as a judicial act. Proceeding from a court of justice; as a judicial writ, & judicial determination. JUDICIAL ACTION. Action of a court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case. 12 Pet. 718. JUDICIAL ACTS. Acts requiring the exercise of some judicial discretion, as dis tinguished from ministerial acts, which re quire none. JUDICIAL ADMISSIONS. Admis sions made voluntarily by a party which ap pear of record in the proceedings of the court. JUDICIAL AUTHORITY. Thepower and authority appertaining to the office of a judge; jurisdiction; the official right to hear and determine questions in controversy. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. In English law. A tribunal composed of members of the privy council, being judges or retired judges, which acts as the queen's adviser in matters of law referred to it, and exercises a certain appel late jurisdiction, chiefly in ecclesiastical causes, though its power in this respect was curtailed by the judicature act of 1873. JUDICIAL CONFESSION. In the law of evidence. A confession of guilt, made by a piisoner before a magistrate, or in court, in the due course of legal proceedings. 1 Greenl. Ev. § 216. JUDICIAL CONVENTIONS. Agree ments entered into in consequence of an or der of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 Mart. (N. S.) 494. JUDICIAL DECISIONS. The opinions or determinations of the judges in causes be fore them, particularly in appellate courts. JUDICIAL DISCRETION. The power confided to a judge to exercise his individual discrimination and opinion in deciding cer tain minor or collateral matters. This power is not arbitrary, but is confined within nar

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