Page:Black's Law Dictionary (Second Edition).djvu/683

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JURY

cues of fact are generally tried, as distinguished from a special jury, (q. u.)—l‘m-eign jury. A juiy obtained from a county other than that in which issue was joined.—G:-and jury. A jury of inquiry who are summoned and returned by the sheriff to each session of the crim- liml courts. iind whose duty i to receive com- [-Hints and fiCi‘I]Sa.tiOlJS in criminal cases. hear (he evidence ndduced on the pan‘, of the stale. and End hiiis of indictment in aises where they are satisfied a trial ought to be bad. They are first sworn, and instructed by the court. This is tailed a “grand jnry" because it compi-.v=s a greater number of jurors tlinn the ordinary trini jury or “petit jury." At com- mon law. u grand jury consisted of not iess than twelve nor mnre than twenty-three men, nnd this is stiii the ruie in many of the states. though in some the number is otherwise fixsd hy statute: thus in Oregon and Utah, the grand jury is composed of seven men; in South Dn- kuli. not iess than six nor more than eight; in Texas. twelve; in Idaho. sixteen: in Wash- in-stun. tiveiie to seventee in North Dakota. sixteen to twenty-three. a Cniiforuin. nineteen; in New Mexico. twenty-one. See Ex parte Run, 121 U. S. 1. pi Sun. I. . 30 L. Ed. 849: In re Gardiner. 3] Misc. Rep. 364. 64 N. Y. Supp. 760: Finiey v. State. 61 Ala. 2714: Peopie v Dull’. 65 How. Prac. (N. Y.) 3G.‘i: El'|"iiSi1 v. State, 31 l<‘ia. 3-10. 12 South. CS9. —Mixed jury. A biiingzusi jiiry; a jury of the half-tongue. See DE Mroinrswzs LIN- GUE. Also a jury composed partly of negrni-s and partly of white men.—Petit jury. The ordinsirv jnrv of twelve men for the triai of I civil or r-riminni nction. So cnlied to distinguish it from the grand jury. A pefit jury is a body of tueivc men imp.-ineied nnd sworn in ii district court. to try and determine, by a true and lLD.ZtD.ilJ:tOlJ5 verdict. nnv question or issue of fact. in any civil or Criminal nction or proceeding. according to law and the evidence as given them in the court. Gen. St Minn. ISTR. i- 71. 5 1.—Pix jury. See I’Ix.—Speoial ju- ry. A jury ordered by the court. on, the mo- iion of cither party. in cases of unusuai imptirtiince or intricacy. Calicd, from the mon- iier in which it is constituted. it “struck jury." 3 Bl. Comm. 357. A jury composed of persons above the rank of ordinary freehoiders: usunlly summonsd to try questions of greater importance than those uslinlly suhniitted to common juries. Brnwn.—Struck jury. In practice. A speciai jury. So called because cnnstitutsd by striking out a certain number of niinies from a prepared list See “':iIl-ice v. Railroad Co.. 8 Houst. (Del.) 529. 18 '\tl. 818: Cook v. State. 24 N. J. Law. 843.—'l‘x'i— al jury. A body of men returned from the citizens of II piirtiv-ular ‘strict before a. court or officer of competent jurisdiction, and sworn to try and determine, by verdiit. a question of fact. Code Civ. I'roc. Cni. 5 193.

Other compound tormn.—Jiu-y-box. The pince in court (strictiy an incloseil place) uhere the jury sit during the trial of a cause. 1 Arcbb. Pr. K. B. 208; 1 Burrili. Pr. 4".- Jnry commissioner. An nflicer charged with the duty of seiccting the names to be put into the jury wheel, or of drawing the p'ii1i-I of jurors for :1 psrticuinr term of court.—Jury- list. A pliper containing the names of jurors impaneicd to try a cause, or it contains the names of nil the jurors summoned to ntlend cuurt.—Ju.1'y of mntrons. In commnn-inw practice. A jury of twelve matrons or discreet women. impunticd upon 21 writ do iicnlw inspicicmla or ubt-re 11 female prisoner. bning: under sentcncc of death. pleaded her preg-nani7y as a ground for staying execution. In the intter case, such jury inquired Into the truth of the plcn.—Jury process. The process by which a jury is Slll'L'll'nfll_It"l’i in s. causo, and by which their attendance is enforced.—Jury wheel. machine containing the names of persons quai- ified to serve as grand and petit jurors, from

675

JUS

which, in an order determined by the hazard of its revoiutions, are drawn a. sufficient number of -such names to make up the paneis for a given term nf court.

JURYMAN. A juror: one who is impancied on a jury.

JURYWOMAN. One member of a jury of matrons, (q. 0.)

JUS. Lat. In Roman law. Right; justice; law; the whole body of law; niso a right. The term is used in two meanings:

1. “.Ius" means "iaw." considered in the abstract; that ls, as distinguished tron: any specific enactment, the science or depni-Lnieut of iearnlng, or quasi personified factor in human history or conduct or social deveiop- ment, which we call, in a geueisi sense. “the law." Or it means the law taken as a system, an aggregate, a whole; “the sum total of a number of mdividual laws taken together." 01- it may designate some one perticuinr system or body of pnrticuinr laws; as in the phrases "jus c1'c1'le," “jus yermum," "ins priztorz'um."

2. In a second sense. "jus" signifies a right;" that is, a power. prlviiege. faculty. or demand inherent in one person nnd lcnident upon another; or a capacity residing in one person of contrciliing, with the nsseut and assistance of the state, the actions of another. This is its meaning in the expressions‘ "jits iii 7‘(}ill.," “jun? accres¢:t'1idi'," “jus possessionts."

It is thus seen to possess the BHIJJE ambiguity as the words “tlrail,” "room," and “right," (which see.)

Within the meaning of the maxim that "ig- riorimtiiz jm-is mm eaicusat" (ignorance of the isw is no exwiuse), the word "]us‘ is used to denote the gcnerai in.w or ordinary law of the

innil, and not a iivnte iight Churchiil v. Drndiev, 5S Vt. I3. 5 Ati 1S9. 76 Am. Rep. 5133: ooper v. Fihhs. L. R. 2 H. L. 149;

Freichnecht v. Meyer, 89 N. J. En. 561.

The continental jurists seek to avoid this ambiguity in the use of the word “jus," by calling its former signification "objective." and the intter meaning “subjective." Thus Macheldey (Rom. Law. 5 2) says: "The isws of the first izind [compulsory or positive iuivs] form law [jus] in its objective sense, [jus eat narma uycmli. iniv is 21 ruie of conduct] The possililhty rcsuitlng from law in this sense to do or require unotbcr to do is law in Its subjective sense, [jus est fizcullizs agezidi. iaw is a iicense to act.] The voiuntni-y action of man in conformity with the precepts of law is cniied ‘justice.’ [j'ust€tiiz.]"

Some ful'U_‘|('X‘ iiieiiiiings of the word are:

An action. BFHCL fol. 3. Or. rather. those proceedings in the Roman action which were conducted before the proctor.

Power or autiiority. Sui‘ juris, in one's own power; independent. Inst. 1, 8, pr.; Brnct. foi. 3. Alicmi juris, under another‘s power. Inst. 1, 8, pr.

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