英文法律词典 J-15

JURISPRUDENCE. The science of the law. By science here, is understood that connexion of truths which is founded on principles either evident in themselves, or capable of demonstration¹; a collection of truths of the same kind, arranged in methodical order. In a more confined sense, jurisprudence is the practical science of giving a wise interpretation² to the laws, and making a just application of them to all cases as they arise. In this sense, it is the habit of judging the same questions in the same manner, and by this course of judgments⁴ forming precedents⁵. 1 Ayl. Pand. 3 Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 1, 12, 99; Merl. Rep. h. t.; 19 Amer. Jurist, 3.

JURIST. One well versed⁶ in the science of the law. The term i's usually applied⁷ to students and practitioners⁸ of law.

JUROR, practice. From juro, to swear; a man who is sworn or affirmed to serve on a jury.

2. Jurors are selected from citizens, and may be compelled to serve by fine; they generally receive a compensation for their services while attending court they are privileged from arrest in civil cases.

JURY. A body of men selected according to law, for the purpose of deciding some controversy⁹.

2. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully¹⁰ established for the trial of civil suits in the reign¹¹ of Henry II. Crabb's C. L. 50, 61. In the old French law they are called inquests or tourbes of ten men. 2 Loisel's Instit. 238, 246, 248.

3. Juries are either grand juries, (q. v.) or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified¹² to serve on juries, impanneled and sworn to try one or more issues of facts submitted to them, and to give a judgment³ respecting the same, which is called a verdict.

4. Each one of the citizens so impanneled and sworn is called a juror. Vide Trial.

5. The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment¹³, shall be by jury;" and this invaluable¹⁴ institution is also, secured by the several state constitutions. The constitution of the United States also provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amendm. VII.

6. It is scarcely practicable to give the rules established in the different states to secure impartial¹⁵ juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested¹⁶ officers, and that out of -the lists thus made out, the jurors are selected by lot.