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judgment quod recuperet (kwod ri-kyoo-par-it). Judgment that the plaintiff recover.

judgment receiver See RECEIVER.

judgment receiver A receiver who collects or diverts funds from a judgment debtor to the creditor. A judgment receiver is usu. appointed when it is difficult to enforce a judgment in any other manner. Also termed receiver in aid ofexecution.

judgment record See judgment docket under DOCKET (1).

judgment respondeat ouster (ri-spon-dee-at ows-tar). An interlocutory judgment requiring the defendant who has made a dilatory plea to give a more substantial defense.

judgment roll See judgment docket under DOCKET (1). "As the pleadings constitute part of the record, it is indispensable that they be filed. In some of the codes they must be filed at the institution of the action; in others, by or before the first day of the term; in others, at or before the trial. They must be used in making the judgment roll: and in the practice of each State (not here considered) procedure is provided to procure filing." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 179 (2d ed. 1899).

judgment sale See execution sale under SALE.

judgment sale See execution sale.

judgment seat 1. The bench on which a judge sits. 2. By extension, a court or tribunal.

judgment summons See SUMMONS.

judgment summons A process used by a judgment creditor to start an action against a judgment debtor to enforce the judgment.

judgmental immunity See ERROR-OF-JUDGMENT RULE.

judgmental immunity See ERROR-OF-JUDGMENT RULE.

judgmentfor money See money judgment.

judgment-proof adj. (Of an actual or potential judgment debtor) unable to satisfy a judgment for money damages because the person has no property, does not own enough property within the courts jurisdiction to satisfy the judgment, or claims the benefit of statutorily exempt property. Also termed executionproof.

judgment-roll appeal See APPEAL.

judgment-roll appeal An appeal based only on the pleadings, the findings ofthe court, and the judgment.

judicable (joo-di-ka-bal), adj. Rare. Capable of being adjudicated; triable; justiciable. Also termed judiciable (joo-dish-a-bal).

judicare (joo-di-kair-ee), vb. [Latin]. To judge; to decide or determine judicially; to give judgment or sentence.

judicate See ADJUDICATE.

judicative (joo-di-kay-tiv or -ka-tiv), adj. Rare. See ADJUDICATIVE.

judicator (joo-di-kay-tar). A person authorized to act or serve as a judge.

judicatory (joo-di-ka-tor-ee), adj. 1. Of or relating to judgment. 2. Allowing a judgment to be made; giving a decisive indication.

judicatory (joo-di-ka-tor-ee). 1. A court; any tribunal with judicial authority <a church judicatory>. 2. The administration of justice <working toward a more efficient judicatory>.

judicatum solvi (joo-di-kay-tam sol-vi). [Latin "that the judgment will be paid"]. 1. The payment of the sum awarded by way of judgment. 2. Security for the payment of the sum awarded by way of judgment. This applied when a representative appeared on the defendants behalf at the trial. 3. A court-ordered caution given by the defendant in a maritime case. See CAUTION. "Judicatum salvi .... The cautioner in such an obligation is bound in payment or fulfilment of whatever may be decerned for, and he is not liberated from the obligation by the death of the principal debtor. It is a kind of caution not infrequently required. Under the civil law this caution was required of any defender who remained in possession, during the suit, of the subject which gave rise to the dispute." John Trayner, Trayners Latin Maxims 292-93 (4th ed. 1894).

judicature (joo-di-ka-char). 1. The action of judging or of administering justice through duly constituted courts. 2. JUDICIARY (3). 3. A judges office, function, or authority.

Judicature Acts A series of statutes that reorganized the superior courts of England in 1875. The Judicature Acts were superseded by the Supreme Court Act of 1981.

judices (joo-di-seez). [Latin] pl. JUDEX.

judicia (joo-dish-ee-a). [Latin] pI. JUDICIUM.

judicia populi (joo-dish-ee-a pop-ya-ar). [Latin]. Roman law. The criminal jurisdiction of the comitia. See COMITIA.

judicia publica (joo-dish-ee-a pab-li-ka). [Latin]. Roman law. The jurisdiction of the quaestiones perpetuae. See QUAESTIO PERPETUA.

judicia summaria (joo-dish-ee-a sa-mair-ee-a). [Law Latin "summary proceedings"] Scots law. Actions that can be summarily disposed of.

judiciable adj. See JUDICABLE.

judicial (joo-dish-al), adj. 1. Of, relating to, or by the court or a judge <judicial duty> <judicial demeanor>. 2. In court <the witnesss judicial confession>. 3. Legal <the Attorney General took no judicial action>. 4. Of or relating to a judgment <an award of judicial interest at the legal rate>. Cf. JUDICIOUS.

judicial act See ACT (2).

judicial act An act involving the exercise of judicial power. - Also termed act of court. "The distinction between ajudicial and a legislative act is well defined. The one determines what the law is, and what the rights of parties are, with reference to transactions already had; the other prescribes what the law shall be in future cases arising under it." Union Pacific R.R. v. United States, 99 U.S. 700, 721 (1878) (Field,J.. dissenting).

judicial activism A philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. Cf. JUDICIAL RESTRAINT (3). judicial activist, n. "[I]f to resolve the dispute the court must create a new rule or modify an old one, that is law creation. Judges defending themselves from accusations of judicial activism sometimes say they do not make law, they only apply it. It is true that in our system judges are not supposed to and generally do not make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmess phrase, confined from molar to molecular motions. The qualification is important, but the fact remains that judges make, and do not just find and apply, law." Richard A. Posner, The Federal Courts: Crisis and Reform 3 (1985).

judicial activity report A regular report, usu. monthly or quarterly, on caseload and caseflow within a given court or court system.

judicial administration The process of doing justice through a system of courts.

judicial admission See ADMISSION (1).

judicial admission A formal waiver of proof that relieves an opposing party from having to prove the admitted fact and bars the party who made the admission from disputing it. Also termed solemn admission; admission in judicio; true admission.

judicial arbitration See ARBITRATION.

judicial arbitration Court-referred arbitration that is final unless a party objects to the award. Also termed court-ordered arbitration.

Judicial Article Article III of the U.S. Constitution, which creates the Supreme Court, vests in Congress the right to create inferior courts, provides for life tenure for federal judges, and specifies the powers and jurisdiction of the federal courts.

judicial assize See ASSIZE (6).

judicial assize An assize begun by judicial writ and deriving from pleas of gage, mort d'ancestor, and darrein presentment.

judicial bias A judge's bias toward one or more of the parties to a case over which the judge presides . Judicial bias is usu. not enough to disqualify a judge from presiding over a case unless the judge's bias is personal or based on some extrajudicial reason.

judicial bias See BIAS.

judicial bond See BOND (2).

judicial bond A bond to indemnify an adverse party in a lawsuit against loss occasioned by delay or by deprivation of property resulting from the lawsuit. Judicial bonds are usu. classified according to the nature of the action in which they are required, as with appeal bonds, injunction bonds, attachment bonds, replevin bonds, forthcoming or redelivery bonds, and bail bonds. A bond of a fiduciary such as a receiver, administrator, executor, or guardian is often reqUired as a condition to appointment.

judicial branch The branch of government consisting of the courts, whose function is to ensure justice by interpreting, applying, and generally administering the laws; JUDICIARY (1). Cf. LEGISLATIVE BRANCH; EXECUTIVE BRANCH.

judicial bypass A procedure permitting a person to obtain a courts approval for an act that would ordinarily require the approval of someone else, such as a law that requires a minor to notify a parent before obtaining an abortion but allows an appropriately qualified minor to obtain a court order permitting the abortion without parental notice.

judicial cognizance See JUDICIAL NOTICE.

judicial combat See TRIAL BY COMBAT.

judicial comity See COMITY.

Judicial Committee of the Privy Council A United Kingdom tribunal, created in 1833, with jurisdiction to hear certain admiralty and ecclesiastical appeals, and certain appeals from the Commonwealth. From the 16th century until the 19th, the Court of Delegates was the final court of appeal in England for ecclesiastical suits. During the reign of William IV, the power to hear final appeals was transferred to the Privy Council, and then to the Judicial Committee of the Privy Council. The committee consists entirely of lay people; ecclesiastics become members of the court only if an appeal is brought under the Church Discipline Act. Even then the ecclesiastics must be episcopal privy counselors. The Judicial Committees decisions are not treated as binding precedent in the United Kingdom, but they are influential because of the overlapping composition of members of the Privy Council and the House of Lords in its judicial capacity. Also termed Court of Final Appeal.

judicial compensation 1. The remuneration that judges receive for their work. 2. A courts judgment finding that two parties are mutually obligated to one another and crafting the amount of the judgment in accordance with the amount that each party owes. A claim for compensation is usu. contained in a reconventional demand. La. Code Civ. Proc. 1902. See reconventional demand under DEMAND (1).

Judicial Conference of the United States The policymaking body of the federal judiciary, responsible for surveying the business of the federal courts, making recommendations to Congress on matters affecting the judiciary, and supervising the work of the Administrative Office of the United States Courts. The Conference was originally established in 1923 as the Conference of Senior Circuit Judges. 28 USCA § 331. See ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

Judicial confession See CONFESSION.

judicial confession A plea ofguilty or some other direct manifestation of guilt in court or in a judicial proceeding. Cf. extrajudicial confession.

judicial contempt See CONTEMPT (2).

judicial control A doctrine by which a court can deny cancellation of a lease if the lessees breach is of minor importance, is not caused by the lessee, or is based on a good-faith mistake of fact.

judicial council A regularly assembled group of judges whose mission is to increase the efficiency and effectiveness of the courts on which they sit; esp., a semiannual assembly of a federal circuits judges called by the circuits chief judge. 28 USCA § 332.

judicial day See juridical day under DAY.

judicial declaration See DECLARATION (1).

judicial declaration Scots law. 1. A party's statement, made in court and transcribed, about a case's material facts. 2. An accused's statement, made after an arrest and taken down in writing. 2.Int'l law. The part of a treaty containing the stipulations under which the parties agree to conduct their actions; TREATY (1). 3.1nt'llaw. A country's unilateral pronouncement that affects the rights and duties of other countries.

judicial dictum An opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision. Cf. OBITER DICTUM.

judicial dictum See DICTUM.

judicial discretion See DISCRETION (4).

judicial discretion The exercise of judgment by a judge or court based on what is fair under the circumstances and guided by the rules and principles of law; a court's power to act or not act when a litigant is not entitled to demand the act as a matter of right. - Also termed legal discretion.

judicial document A court-filed paper that is subject to the right of public access because it is or has been both relevant to the judicial function and useful in the judicial process. See Lugosch v. Pyramid Co. of Onandaga, 435 F.3d 110, 119 (2d Cir. 2006).

judicial economy EffiCiency in the operation of the courts and the judicial system; esp., the efficient management of litigation so as to minimize duplication of effort and to avoid wasting the judiciarys time and resources. A court can enter a variety of orders to promote judicial economy. For instance, a court may consolidate two cases for trial to save the court and the parties from haVing two trials, or it may order a separate trial on certain issues if doing so would provide the opportunity to avoid a later trial that would be more complex and time-consuming.

judicial economy See JUDICIAL ECONOMY.

judicial estoppel Estoppel that prevents a party from contradicting previous declarations made during the same or an earlier proceeding if the change in position would adversely affect the proceeding or constitute a fraud on the court. Also termed doctrine ofpreclusion ofinconsistent positions; doctrine ofthe conclusiveness ofthe judgment.

judicial estoppel See ESTOPPEL.

judicial evidence Evidence produced in court, consisting of all facts brought to the attention of or admitted into evidence before the tribunal. Cf. extrajudicial evidence.

judicial evideuce See EVIDENCE.

judicial fact See judicially noticed fact under FACT.

judicial fact See judicially noticed fact.

judicial factor An administrator or factor specially appointed by the Court of Session to manage an estate.

judicial factor See FACTOR.

judicial foreclosure See FORECLOSURE.

judicial foreclosure A costly and time-consuming foreclosure method by which the mortgaged property is sold through a court proceeding requiring many standard legal steps such as the filing of a complaint, service of process, notice, and a hearing. Judicial foreclosure is available in all jurisdictions and is the exclusive or most common method of foreclosure in at least 20 states.

judicial immunity The immunity of a judge from civil liability arising from the performance of judicial duties.

judicial immunity See IMMUNITY (1).

judicial insurance See INSURANCE.

judicial insurance Insurance intended to protect litigants and others involved in the court system. "By judicial insurance reference is had to insurance bonds or policies issued, in connection with the regular course of judicial or administrative procedure, for the purpose of securing the faithful performance of duty on the part of court appointees, to guarantee due compliance with the terms of undertakings entered into by parties litigant before the courts, and to secure proper administration of statute law." Thomas Gold Frost, A Treatise on Guaranty Insurance § 3, at 14 (2d ed. 1909).

judicial jurisdiction See JURISDICTION.

judicial jurisdiction The legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it.

judicial knowledge See JUDICIAL NOTICE.

judicial law See JUDGE-MADE LAW.

judicial legislation 1. See JUDGE-MADE LAW (2). 2. See LEGISLATION.

judicial lien See LIEN.

judicial morsel See ordeal of the morsel under ORDEAL.

judicial mortgage See MORTGAGE.

judicial notice A courts acceptance, for purposes of convenience and without requiring a partys proof, of a well-known and indisputable fact; the courts power to accept such a fact <the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit>. Fed R. Evid. 201. Also termed judicial cognizance; judicial knowledge. See judicially noticed fact under FACT.

judicial notice of prior art Acknowledgment by the U.S. Patent and Trademark Office of all materials in its possession as prior art, for settling questions of novelty and priority. Patents, applications, and records of interferences and appeals may be submitted by citation alone.

judicial oath See OATH.

judicial oath An oath taken in the course of a judicial proceeding, esp. in open court.

judicial officer See OFFICER (1).