Jus - Law Dictionary Search Results
Home Dictionary Name: jusJus
Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...
Quando jus domini regis et subditi concurrunt jus regis praeferri debet
Quando jus domini regis et subditi concurrunt jus regis praeferri debet, means where the title of the king and the title of a subject concur, the King's title must be preferred, Laws of England, 4th Edn., Vol. 8, para 1076, p. 666.Quando jus domini regis et subditi concurrunt jus regis preferri debet (9 Rep. 129), when the rights of the king and of the subject concur, those of the king are to be preferred....
jus cogens
jus cogens [New Latin, literally, constraining law] : a principle of international law that is based on values taken to be fundamental to the international community and that cannot be set aside (as by treaty) [it is doubtful that any state has ever violated jus cogens norms on a scale rivaling that of the Third Reich "Princz v. Federal Republic of Germany, 26 F.3d 1166 (1994)"] [genocide and slave trade are violations of jus cogens] ...
Jus honorarium
Jus honorarium, the body of Roman Law, which was made up of edicts of the supreme magistrate, particularly the pr'tors.Jus honorarium, means 'magisterial law'. The body of law established by the edicts of the supreme magistrates including the praetors and the aediles (jus aedilium), Black's Law Dictionary, 7th Edn., p. 865....
Jus in re
Jus in re, a complete and full right; a real right, or a right to have a thing, to the exclusion of all other men.Jus in re, means right in or over a thing. A right in property valid against anyone in the world; a complete and perfect right to a thing. Also termed jus in rem, Black's Law Dictionary, 7th Edn., p. 865....
Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum
Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum. 10 Co. 42, (A new adjudication does not make a new law, but declares the old; because adjudication is the utterance of the law, and by adjudication the law is newly revealed which was for a long time hidden,)...
Jus civitatis
Jus civitatis, Roman citizenship, including (1) public rights; suffragium et honores and jus provocationis, the right of appeal in capital cases from the tribunal to the assemblies of the public; and (2) private rights; connubium et commercium. Originally, the full enjoyment was restricted to the patricians. In the course of centuries of development plebeians obtained all these rights and they were conferred by law on aliens, not by right of naturalization but either as individuals or as members of the same community. Cf. Fustel de Coulanges, 'Le Cite Antique,' Hunter's Rom. Law....
Jus tertii
Jus tertii, the right or title of a third person. in Scots Law normally, a tertius has no title to enforce a contract even though he may have an interest that it is carried out. But when a contract shows that the object of the parties to it was to advance the interests of a tertius, and the teritus is named, then a jus qu'situm tertio is created which gives the tertiusa title to sue....
Jus relicti
Jus relicti, means 'right of a widower'. A widower's right in his deceased wife's separate movable estate, historically two-thirds if there were surviving children, and otherwise one-half, Black's Law Dictionary, 7th Edn., p. 867.Jus relicti. This right was introduced by the (English) Married Women's Property (Scotland) Act, 1881 (44 & 45 Vict. c. 21), s. 6, of which enacts that the husband shall take the same share and interest in his wife's movable estate which is taken by a widow in her deceased husband's movable estate....
Jus relictae
Jus relictae, means 'right of a widower'. A widow's claim to her share of her deceased husband's movable estate. If the widow has children, her share in one-third; if not, her share is one-half, Black's Law Dictionary, 7th Edn., p. 867.Jus relict', the right of a widow in her deceased husband's personality; if there be children, she is entitled to a third of it; if there be none, to a half. But see now the (English) Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10). See REASONABLE PARTS....
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