英文法律词典 J-10

JUDGMENT¹, ARREST OF, practice. This takes place when the court withhold² judgment from the plaintiff on the ground that there is some error appearing on the face of the record, which vitiates the proceedings³. In consequence of such error, on whatever part of the record it may arise, from the commencement of the suit to the time when the motion in arrest of judgment is made, the court are bound to arrest the judgment.

2. It is, however, only with respect to objections apparent on the record, that such motions can be made. They cannot, in general, be made in respect to formal objections. This was formerly⁴ otherwise, and judgments⁵ were constantly arrested for matters of mere⁶ form; 3 Bl. Corn. 407; 2 Reeves, 448; but this abuse has been long remedied by certain statutes⁷ passed at different periods, called the statutes of amendment⁸ and jeofails, by the effect of which, judgments, cannot, in general, now be arrested for any objection of form. Steph. Pl. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457; 1 Sell. Pr. 496.

JUDGMENT POLL, Eng. law. A record made of the issue roll, (q. v.) which, after final judgment has been given in the cause, assumes this name. Steph. Pl. 133. Vide Issue Roll.

JUDICATURE. The state of those employed in the administration of justice, and in this sense it is nearly synonymous with judiciary. This term is also used to signify a tribunal; and sometimes it is employed to show the extent of jurisdiction⁹, as, the judicature is upon writs¹⁰ of error, &c. Com. Dig. Parliament, L 1; and see Com. Dig. Courts, A.

JUDICES PEDANEOS. Among the Romans, the praetors, and other great magistrates¹², did not themselves decide the actions which arose between private individuals these were submitted to judges chosen by the parties, and these judges were called judices pedaneos. In choosing them, the plaintiff had the right to nominate, and the defendant¹³ to accept or reject those nominated. Heinnee. Antiq. lib. 4, tit. b, n. 40 7 Toull. n. 353.

JUDICIAL¹⁴. Belonging, or emanating¹⁵ from a judge, as such.

2. Judicial sales, are such as are ordered by virtue¹⁶ of the process of courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50.

3. A judicial writ¹¹ is one issued in the progress of the cause, in contradistinction to an original writ. 3 Bl. Com. 282.

4. Judicial decisions, are the opinions or determinations of the judges in causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & Ald. 122 4 Barn. & Adol. 207 1 H. B1. 63; 5 M. & S. 185.

5. Judicial power, the authority vested in the judges. The constitution of the United States declares, that "the judicial power of the United States shall be vested in one supreme¹⁷ court, and in such inferior courts as the congress may, from time to time, ordain¹⁸ and establish." Art. 3, s. 1. 6. By the constitutions of the several states, the judicial power is vested in such courts as are enumerated¹⁹ in each respectively. See the names Of, the several states. There is nothing in the constitution of the United States to forbid or prevent the legislature of a state from exercising judicial functions; 2 Pet. R. 413; and judicial acts have occasionally been performed by the legislatures. 2 Root, R. 350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 Pet. R. 660; 16 Mass. R. 328; Walk. R. 258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip., R. 77; 1 Aik. R. 314. But a state legislature cannot annul²⁰ the judgments, nor determine the jurisdiction of the courts of the United States; 5 Cranch, It. 116; 2 Dall. R. 410; nor authoritatively²¹ declare what the law is, or has been, but what it shall be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R. 451; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 L. R. 438 7 M. R. 325; 9 M. R. 204; 10 M. R. 1.