英文法律词典 J-11

JUDICIAL¹ ADMISSIONS. Those which are generally made in writing in court by the attorney of the party; they appear upon the record, as in the pleadings and the like.

JUDICIAL CONFESSIONS³, criminal law. Those voluntarily made before a magistrate⁴, or in a court, in the due course of legal proceedings⁵. A preliminary examination, taken in writing, by a magistrate lawfully⁶ authorized⁷, pursuant to a statute⁸, or the plea of guilty, made in open court to an indictment⁹, are sufficient to found a conviction upon them.

JUDICIAL CONVENTIONS. Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ² of sequestration. 6 N. S. 494.

JUDICIAL MORTGAGE. In Louisiana, it is the lien¹⁰ resulting from judgments¹², whether these be rendered on contested cases, or by default, whether they be final or provisional, in favor of the person obtaining them. Civ. Code of Lo. art. 3289.

JUDICIAL SALE. A sale by authority of some competent tribunal, by an officer authorized by law for the purpose.

2. The officer who makes the sale, conveys all the rights of the defendant¹³, or other person against whom the process has been issued, in the property sold. Under such a sale there is no warranty¹⁴, either express or implied, of the thing sold. 9 Wheat. 616. When real estate is sold by the sheriff or marshal, the sale is subject to the confirmation¹⁵ of the court, or it may be set aside. See 4 Wash. C. C. R. 45 Wallace, 128; 4 Wash. C. C. R. 322.

JUDICIAL WRITS¹⁶, Eng. practice. The capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court into which the original was returnable, and being grounded on what had passed in that court in consequence of the sheriff's return, were called judicial writs, in contradistinction to the writs issued out of chancery, which were called original writs. 3 Bl. Com. 282.

JUDICIARY. That which is done while administering justice; the judges taken collectively; as, the liberties of the people are secured by a wise and independent judiciary. See Courts; and 3 Story, Const. B. 3, c. 3 8.

JUDICIUM DEI. The judgment¹¹ of God. The English law formerly¹⁷ impiously called the judgments on trials by ordeal¹⁸, by battle, and the like, the judgments of God.

JUICIO DE CONCURSO. This term is Spanish, and is used in Louisiana. It is the name of an action brought for the purpose of making a distribution of an insolvent¹⁹'s estate. It differs from all other actions in this important particular, that all the parties to it except the insolvent, are at once plaintiffs and defendant. Each creditor²⁰ is plaintiff against the failing debtor²¹, to recover the amount due by him, and against the co-creditors²², to diminish the amount they demand from his estate, and each is, of necessity, defendant against the opposition²³ made by the other creditors against his demand. From the peculiar²⁴ situation in which the parties are thus placed, many distinct and separate suits arise, and are decided²⁵ during the pendancy of the main one, by the insolvent in which they originate. 4 N. S. 601, 3 Harr. Cond. Lo. R. 409.