KFLCC Kingdom Law 2nd Ed.
674
JURISDICTIONAL
JURY
JURISDICTIONAL. Pertaining or re lating to jurisdiction; conferring jurisdic tion ; showing or disclosing jurisdiction; de fining or limiting jurisdiction; essential to jurisdiction. —Jurisdictional facts. See FACT.
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. Jurisprudentia legis communis Anglian est scientia socialis et copiosa. The ju risprudence of the common law of England is a science social and comprehensive. 7 Coke, 28a. itus," (q. 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. 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 thereof. JURISTIC. 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 mon ey loaned the government, or obtained by it through forced loans. Escriche. 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 qual ified 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, (q. v.) A jury is a body of men temporarily select ed 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 question of fact. Code Civil Proc. Cal. | 190. The terms "jury" and "trial by jury." as used in the constitution, mean twelve competent men, disinterested 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 of ficers free from all bias in favor of or against either party, duly impaneled and sworn to ren der a true verdict according to the law and the evidence. State v. McClear, 11 Nev. 39. Classification..—Common jury. In prac tice. The ordinary kind of jury by which is- JUROR. JURIST. One who is versed or skilled in law; answering to the Latin "jurisper JURNEDUM. In old English law. A journey; a day's traveling. Cowell.
JURISINCEPTOR.
A student of
Lat.
the civil law.
JURISPERITUS.
Lat. Skilled or learn
ed in the law.
JURISPRUDENCE. The philosophy of law, or the science which treats of the prin 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 suggestions for its amendment, but is the name of a science. This science is a formal, or ana lytical, 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 there fore be defined as the formal science of positive law." Holl. Jur. 12. In the proper sense of the word, "jurispru dence" is the science of law, namely, that science which has for its function to ascertain the prin ciples on which legal rules are based, so as not only to classify 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 doubtful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a material science. It has no direct concern with questions of moral or po litical 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 appli cable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were ap plied to an indefinite number of similar cases, and to choose that rute,which, when so applied, will produce the greatest advantage to the com munity. Sweet. — Comparative jurisprudence. The study of the principles of legal science by the compar ison of various systems of law.— Equity juris prudence. That portion of remedial justice which is exclusively administered by courts of equity as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609. More generally speaking, the science which treats of the rules, principles, and maxims which govern the decisions of a court of equi ty, the cases and controversies which are con sidered proper subjects for its cognizance, and the nature and form of the remedies which it grants.— Medical jurisprudence. The science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in a court of justice. Oth erwise called "forensic medicine," (g. v.) A sort of mixed science, which may be considered as common ground to the practitioners both of law and physic. 1 Steph. Comm. 8. In the civil and common law. Jurisprudence, or legal science. Jurisprudentia est aivinarum atque humanarum rerun notitia, justi atque injusti scientia. Jurisprudence is the knowledge of things divine and human, the JURISPRUDENTS. Lat.
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