Blacks Law Dict. 1st ed

JURY

JURISDICTIONAL

664

Jurisprudentia legis communis An gliee est scientia socialis et copiosa. The jurisprudence of the common law of England is a science social and comprehen sive. 7 Coke, 28a. JURIST. One who is versed or skilled in law; answering to the Latin "jurisper itus, n (g. v.) One who is skilled in the civil law, or law of nations. The term is now usually applied to those who have distinguished themselves by their writings on legal subjects. JURISTIC. Pertaining or belonging to, or characteristic of, jurisprudence, or a ju rist, or the legal profession. JURISTIC ACT. One designed to have a legal effect, and capable theieof. JURNEDUM. In old English law. A journey; a day's traveling. Cowell. JURO. In Spanish law. A certain per petual pension, granted by the king on the public revenues, and more especially on the salt-works, by favor, either in consideration of meritorious services, or in return for money loaned the government, or obtained by it through forced loans. Escriche. JUROR. One member of a jury. Some times, one who takes an oath; as in the term "non-juror," a person who refuses certain oaths. JUROR'S BOOK. A list of persons qualified to serve on juries. JURY In practice. A certain number of men, selected according to law, and sworn (Jurati) to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them. This definition embraces the various subdivisions of juries; as grand jury, petit jury, common jury, special jury •» coroner's jury, sheriff's jury, (g. v.) A jury is a body of men temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a ques tion of fact. Code Civil Proc. Cal. § 190. The terms "jury " and "trial by jury," as used in the constitution, mean twelve competent men, dis interested and impartial, not of kin, nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bias in favor of or against either party, duly impaneled and sworn to render a true verdict according to the law and the evidence. 11 Nev. 89. A grand jury is a body of men, (twelve to twenty-three in number,) returned in pursu

tended to give jurisdiction of the suit to the court, by a general averment that the acts complained of are contrary to equity, and tend to the injury of the complainant, and that he has no remedy, or not a complete remedy, without the assistance of a court of equity, is called the "jurisdiction clause." Mitf. Eq. PI. 43. JURISDICTIONAL. Pertaining or re lating to jurisdiction; conferring jurisdic tion; showing or disclosing jurisdiction; de fining or limiting jurisdiction; essential to jurisdiction. JURISINCEPTOR. A student of the civil law. JURISPERITUS. the law. Skilled or learned in JURISPRUDENCE. The philosophy of law, or the science which treats of the piin ciples of positive law and legal relations. "The term is wrongly applied to actual sys tems of law, or to current views of law, or to sug gestions for its amendment, but is the name of a science. This science is a formal, or analytical, rather than a material, one. It is the science of actual or positive law. It is wrongly divided into ' general' and * particular,' or into * philosophical' and 'historical.' It may therefore be defined as the formal science of positive law." Holl. Jur. 12. In the proper sense of the word, "jurisprudence" is the science of law, namely, that science which has for its function to ascertain the principles on which legal rules are based, so as not only to clas sify those rules in their proper order, and show the relation in which they stand to one another, but also to settle the manner in which new or doubt ful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a ma terial science. It has no direct concern with questions of moral or political policy, for they fall under the province of ethics and legislation; but, when a new or doubtful case arises to which two different rules seem, when taken literally, to be equally applicable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were applied to an indefinite number of similar cases, and to choose that rule which, when so applied, will produce the greatest advantage to the com munity. Sweet. JURISPRUDENTIA. In the civil and common law. Jurisprudence* or legal science. Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia. "Jurisprudence" is the knowledge of things divine and human, the science of what is right and what is wrong. Dig. 1, 1, 10, 2; Inst. 1, 1, 1. This defini tion is adopted by Bracton, word for word. Bract, fol. 3.

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