Page:Black's Law Dictionary (Second Edition).djvu/682

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JURISDICTIONAL

JURISDICTIONAL. Pertaining or re- lating to jurisdiction; conferring jurisdiction; showing or disciosing jurisdiction; defining or limiting jl11'lSdiLti0ll; essential to jnrisdiclzion. —Ju1'isd.ictions1 facts. See FACT.

JURISINCEPTOE. the civil law.

Lat. A student of

-TURISPERITUS. ed in the law.

Lnt. Skilled or learn-

JURISPRIJDENCE. The philosophy of inw, or the science which treats of the pricnipies of positive law and legal relations.

"The term is wrongly nppiied to actual systems of law or to current views of law, or to suggestions iar its amendment, but is the name of a science. This science is a, formal, or ana- iytical, rather than a material, one. It is the scicnce of actual or positive law. 1t is wrongly divided into ‘generai' and ‘particular,’ or into ‘phiiosophicai' and ‘historical.’ It may therefore be dolinsd as the formni science of positive iaw." Hoil. 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 pricnipies on which legal ruies are based. so as not only to cinssify those ruies in thcir proper order, and show the relation in which they stand to one another, but uiso to settle the manner in which ncvs or (louiitfui cnscs should be brought under the appropriate rules. Jurisprudence is more a formal than a material science. It has pl) direct concern with questions of moral or po- iitir-ni policy for they fall under the province of ethics and legislation; but, vihen a new or ilouhtfui case arises to which two different rules seem, when lnkcu literally, to be equally nppiicable, it may he, and often is. time function of ' ' pniflonce to consider the ultimate elfcct uouid be produced if each rule were uppiied to an indefinite number of similar cases, and to choose that ruie which, when so appiied, wiil produce the greatest advantage to the com- munity. Sweet.

—Cnmpai-ative Jurisprudence. The study of the priuupies of legiil surnce by the comparison of various systems of iau..—Equity jurisprudence. 'lh:it portion of reiiudinl justice which is exclusheiy administered by courts of equity as dkliuguishcd from courts of common livv. sic . a v. Niuimo. 3 Leo (’1‘enn.) G09. \(oi-e gt'lJLl'fliiy speaking, the science which Irents of the rules. principies, and mnxim_s \\ hich gmern the decisions of a court of cum- tv the cases and controversies “'12 are con- '-'l(i€1'Pl.i proper subjr-rt: for its cognizance, and the nature and [arm of thc rein:-dies which it gi-aiits.—Mcdical jurisprudence. The SLiel](‘E “i1i('il appiiis the p1'iuLi1ili-s and practice of the ililIerent branches of medicine to the elucidation of doubtful questions in a court of justice. Otherwise called “(ortnsic medicine," ((1. -v) A sort of mixed science, which may be considered as common ground to the ractitioners both of inw and physic. 1 Steph. omm. 8.

JURISPRUDENTIA. Lnt. In the civil and common law. Jurisprudence, or legal science.

Jul-iapnulentia est uivinsx-um atqne lnnnanarurn rernm notitia, justi ntqne injluti st-ientia. Jurisprudence is the l;no\\ ledge of things divine and human, the

674

JURY

science of what is right and what is wrong Dig. 1, 1, 10, 2; ILISL 1, 1, 1. This definl tion is adopted by Bracton, word for word Bract. fol. 3.

Jnrisprudentia. Iefis unnmnnjn Anglia est scientin sucialis et unpiosa. The ju- risprudence of the common law of England is ai science sociai and comprehensive. 1 Coke, 28a.

JURIST. One who is versed or skilled in law; answering to the Latin "iurisperitus," (q. 1}.)

One who is skilled ln the civil law, or law of nations. The term is now usually applied to those who have distinguished themseives by their writings on legal subjects.

JURISTIC. Pertaining or belonging to, or characteristic of, jurisprudence, or a ju- rist, or the legal profession.

—Ju.ristic not. One designed to have a legal eifect, and capahie theieof.

JURNEDUM. In old English isw. A journey; a d.1y‘s traveliiig. Couell.

JUILO. In Spanish law. A certain perpetunl pension, granted by the king on the public revenues, and more eS[]L(i&llly on the suit-works, by favor, either in consideration of meritorious services, or in return for muney loaned the government, or obtained by it through forced ioans. Escriche.

JUROR. One member of a jury. Sometimes, one who tnlzcs an oath; as in the term "non-juror," 21 person who retuses certain oaths.

.IUIl.0Il.'S BOOK. A ilst of persons quai- ified to serve on juries.

JURY. In practice A certain number of men. selected at-curiling to iau, and sworn (juriiti) to Inquire of certain mutteis of fact. and deciare the truth upon evidence to he inld before them. This definition embraces the various subdivisions of juries: as grand jury. petit jui-11, cu-mman jury, special jury, co1mLcr's j'unI, she? iff's jury, ((1 v.)

A jury is :1 body of men tempornrlly sciect~

ed from the citizens of a particular district, nnd ll.l\'€Si.(‘f1 \\ith power to present or indict

1 person for a puhllc ollfense, or to try a

question of fact. Code Civii Proc. Cal. I 190. . Tile terms “jury" and “triai by jury." as used in the constitution. menu to elvc competent men, disinterested and impurtini. not of kin, nor personal dependents of either of the parties, having their homes vvlthin the jurisdiction:-ii limits of the court, dr:iw_u and selected by officers free from nii_ hias in faint of or against either party. duiy unpnnclcd and sworn to render a true verdict at-coiiling to the law and the evidence. Stste v. Mctilenr. 11 Nev. 39.

CI.assiflcution.—Commun jury. In practice The ordinary kind of jury by which is-