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jus praetorium (jas pri-tor-ee-am). [Latin "law of the praetors"]. Roman law. The body of law developed through the edicts of the praetors. This was the mainspring of Republican reform. See PRAETOR; EDICTUM PRAETORIS; JUS HONORARIUM.

jus praetorium (jas pri-tor-ee-am). [Latin "law of the praetors"]. Roman law. The body of law developed through the edicts of the praetors. This was the mainspring of Republican reform. See PRAETOR; EDICTUM PRAETORIS; JUS HONORARIUM.

jus praeventionis (jas pree-ven-shee-oh-nis). [Law Latin "a right of preference"] Scots law. A court"s jurisdictional superiority by virtue of being the first court to exercise its jurisdiction in a case.

jus precarium (jas pri-kair-ee-am). [Latin]. Civil law. A right to a thing held for another, for which there was no remedy by legal action but only by entreaty or request.

jus presentationis (jas prez-an-tay-shee-oh-nis). [Latin]. Civil law. The right to present a clerk to a church.

jus primae noctis (jas pri-mee nok-tis). [Latin "right of first night"]. See DROIT DU SEIGNEUR.

jus privatum (jas pri-vay-tam), n. [Latin "private law"]. 1. Roman & civil law. Private law, consisting of all the branches oflaw that regulate the relations of citizens to one another, including family law, property, obligations, and testate and intestate succession. 2. The right, title, or dominion of private ownership. See PRIVATE LAW. Cf. JUS PUBLICUM.

jus projiciendi (jas pri-jish-ee-en-di), n. [Latin]. A servitude granting the right to build a projection (such as a balcony) from one"s house in the open space belonging to a neighbor.

jus proprietatis (jas pra-pri-a-tay-tis). [Latin]. Civil law. A right in property based on ownership rather than actual possession. Cf. JUS POSSESSIONIS.

jus protegendi (jas proh-ta-jen-di), n. [Latin] Civil law. A servitude granting the right to make the roof or tiling of one"s house extend over a neighbor"s house.

jus provocationis (jas prov-a-kay-shee-oh-nis). [Latin]. Roman law. The right possessed by every Roman citizen to appeal to the people in their Comitia, or later the emperor, from the infliction of summary punishment by a magistrate (coercitio). Modern romanists disagree about the precise meaning of this term. Also termed jus provocatio.

jus publicum (jas pab-li-kam). [Latin "public law"]. 1. Roman & civil law. Public law, consisting of constitutionallaw, administrative law, criminal law and procedure, and the law relating to sacred rites (jus sacrum). 2. The right, title, or dominion of public ownership; esp., the government"s right to own real property in trust for the public benefit. See PUBLIC LAW. Cf. JUS PRIVATUM.

jus quaesitum tetio (jas kwi-si-tam tar-shee-oh). [Law Latin]. A contractual right conferred on a third party. A third-party right may be conferred on a specified individual or on an identifiable class of people. "Where, in a contract between two parties, a stipulation is introduced in favour of a third, who is not a contracting party. the right thus created is said to be jus quaesitum tertio. Such a right. generally speaking, cannot be recalled by the contracting parties, and the third party. so far as he is concerned. may require exhibition and implement of the contract." William Bell. Bell"s Dictionary and Digest of the Laws of Scotland 622 (George Watson ed., 7th ed. 1890).

jus quiritium (jas kwi-ri-shee-am). [Latin]. Roman law. lhe ancient, primitive law of the Romans before the development of the jus praetorium and the jus gentium; the original jus civile.

jus recuperandi (jas ri-k[y)oo-pa-ran-di). [Latin]. Civil law. The right of recovering, esp. lands.

jus regale (jas ri-gay-lee). [Law Latin]. Scots law. A royal right; a sovereign"s right.

jus regendi (jas ri-jen-di), n. [Law Latin]. A proprietary right vested in a sovereign.

jus relictae (jas ri-lik-tee). [Law Latin "right of a widow"] Civil & Scots law. A widow"s claim to her share of her deceased husband"s movable estate. If the widow has children, her share is one-third; if not, her share is one-half.

jus relicti (jas ri-lik-ti). [Law Latin "right ofa widower"]. Civil & Scots law. A widower"s right in his deceased wife"s separate movable estate, historically two-thirds if there were surviving children, and otherwise onehalf. Under the Married Women"s Property Act of 1881, the amount became one-third in the case of surviving children, and otherwise one-half.

jus repraesentationis (jas rep-ri-zen-tay-shee-oh-nis). [Latin]. Civil law. The right to represent or be represented by another.

jus rerum (jas reer-am). [Latin "law of things"]. Civil law. The law regulating the rights and powers of persons over things, as how property is acquired, enjoyed, and transferred. See LAW OF THINGS. Cf. JUS PERSONARUM.

jus respondendi (jas ree-spon-den-di). [Latin "the right of responding"]. Roman law. The authority conferred on certain jurists when delivering legal opinions. Modern romanists disagree about the precise meaning of this term.

jus retentionis (jas ri-ten-shee-oh-nis). [Latin]. The right to retain a thing until the delivery of something else that the person retaining the thing is entitled to.

jus retinendi et insistendi (jas ret-i-nen-di et in-sis-ten-di). [Law Latin]. Scots law. A right of retention and of insisting. The phrase usu. referred to a seaman"s right to recover wages both by taking a lien against the ship and by proceeding against the owner for payment.

jus rusticorum praediorum See rural servitude under SERVITUDE (2).

jus sacrum (jas say-kram). [Latin "sacred law"]. Roman law. The body of law regulating matters of public worship, such as sacrifices and the appointment of priests. Cf. JUS NON SACRUM.

jus sanguinis (jas sang-gwa-nis). [Latin "right of blood"]. The rule that a child"s citizenship is determined by the parents" citizenship. Most nations follow this rule. Cf. JUS SOLI.

jus scriptum (jas skrip-tam). [Latin]. See written law under LAW.

jus sibi dicere (jas sib-i di-sar-ee). [Latin]. To declare the law for oneself; to take the law into one"s own hand.

jus singulare (jas sing-gya-lair-ee). [Latin "individual law"]. Roman & civil law. A law or right established for special purposes, as opposed to the common or public law or right. Cf. JUS COMMUNE (1).

jus soli (jas soh-li). [Latin "right of the soil"]. The rule that a child"s citizenship is determined by place of birth. This is the U.S. rule, as affirmed by the 14th Amendment to the Constitution. Cf. JUS SANGUINIS.

jus spatiandi (jas spay-shee-an-di). [Latin "right of walking about"] Civil law. lhe public"s right-of-way over specific land for purposes of recreation and instruction.

jus stapulae (jas stay-pya-lee). [Law Latin "right of staple"]. A town"s right or privilege ofstopping imported merchandise and forcing it to be offered for sale in its own market. See STAPLE.

jus strictum (jas strik-tam). [Latin "strict law"]. Roman law. Law rigorously interpreted according to the letter. Also termed strictum jus. See STRICTI JURIS. Cf. JUS AEQUUM.

jus suffragii (jas sa-fray-jee-i). [Latin]. The right of a citizen to vote. Cf. JUS HONORUM.

jus talionis See LEX TALIONIS.

jus tertii (jas tar-shee-i). [Latin]. 1. The right of a third party. "[N]o defendant in an action of trespass can plead the jus tertii -the right of possession outstanding in some third person as against the fact of possession in the plaintiff." R.F.V. Heuston, Salmond on the Law of Torts 46 (17th ed. 1977). 2. The doctrine that, particularly in constitutional law, courts do not decide what they do not need to decide. "jus tertii ... says nothing about the nature of legal argument on the merits of a case once formed, but as a symbol for the separability of cases is a useful term of art. Translated, however, it reads "right of a third person." It may once have been associated with a presumption of common-law jurisprudence that one cannot be harmed by an action that achieves its effect through effects upon others, cannot be "indirectly" harmed," Joseph Vining, Legal Identity 120 (1978).

jus tripertitum (jas tri-par-ti-tam). [Latin "law in three parts"]. Roman law. The law of wills in the time of Justinian, deriving from the praetorian edicts, from the civil law, and from the imperial constitutions. See testamentum tripertitum under TESTAMENTUM.

jus trium liberorum (jas tri-am lib-a-ror-am). [Latin]. See JUS LIBERORUM.

jus urbanorum praediorum See urban servitude (2) under SERVITUDE (2).

jus utendi (jas yoo-ten-di). [Latin "right of using". Roman & civil law. The right to use another"s property without consuming it or destroying its substance. See USUFRUCT. Cf. JUS ABUTENDI.

jus vindicandi (jas vin-di-kan-di). Roman law. An owner"s right to recover lost possession even from a bona fide possessor who has given value This right, which generally does not exist under modern law, had many exceptions. See R.W. Lee, An Introduction to Roman-Dutch Law 433 (4th ed. 1946).

jus vitae necisque (jas vi-tee ni-sis-kwee). [Latin "right of life and death "]. Roman law. The power held by the head of the household over persons under his paternal power and over his slaves. This right was greatly diminished under later Roman law. See patria potestas under POTESTAS.

jusfalcandi (jas fal-kan-di), n. [Latin]. The right of mowing or cutting.

jusjurandum (jas-juu-ran-dam). [Latin]. An oath. See JURAMENTUM.

just adj. Legally right; lawful; equitable.

just cause See good cause under CAUSE (2).

just compensation See COMPENSATION.

just compensation Under the Fifth Amendment, a payment by the government for property it has taken under eminent domain usu. the property's fair market value, so that the owner is theoretically no worse off after the taking. Also termed adequate compensation; due compensation; land damages.

Just Compensation Clause See TAKINGS CLAUSE.

just deserts (di-zarts). What one really deserves; esp., the punishment that a person deserves for having committed a crime. Also termed deserts.

just title See TITLE (2).

just value See fair market value under VALUE (2).

just war 1. BELLUM JUSTUM. 2. See JUST-WAR DOCTRINE

justa causa (jas-ta kaw-za). [Latin]. A just cause; a lawful ground. See good cause under CAUSE (2).

justae nuptiae (jas-tee nap-shee-ee). [Latin "legal marriage"]. A marriage between two persons who had the legal capacity to wed. Justae nuptiae was the only union that created the familial relationship known as patria potestas. Also termed justum matrimonium. See patria potestas under POTESTAS. Cf. CONCUBINATUS. "Iustae nuptiae is such a marriage as satisfies all the rules of civil law. Any marriage between two persons who had the capacity of civil marriage with each other (conubium) was necessarily iustae nuptiae, for if the union was defective in any other respect it was no marriage at all. On the other hand, if there was no conubium between the parties it might still be actually a marriage (nuptiae, nuptiae non iustae), the wife being uxor non iusta, the children liberi non iusti. Such a marriage, in which one party at least would not be a cMs, did not produce patria potestas over children ...." W.W. Buckland, A Manual of Roman Private Law 63-64 (2d ed. 1953).

just-as-probable rule Workers" compensation. A doctrine whereby a workers compensation claim will be denied if it is equally likely that the injury resulted from a non-work-related cause as from a work-related cause.

justice 1. The fair and proper administration of laws.

justice court See COCRT.

justice court A court, presided over by a justice of the peace, that has jurisdiction to hear minor criminal cases, matters involving small amounts of money, or certain specified claims (such as forcible-entry-and detainer suits). Also termed justice-of-the-peace court; J.P. court.

justice ejectment A statutory proceeding to evict a tenant who has held over after termination of the lease or breach of its conditions.

justice ejectment See EJECTMENT.

justice in eyre (air). One of the itinerant judges who, in medieval times, investigated allegations of wrongdoing, tried cases, and levied fines. Also termed justicia errante;justiciar in itinere. See EYRE.

justice in personam See personal justice.

justice in rem See social justice.

justice of the peace A local judicial officer having jurisdiction over minor criminal offenses and minor civil disputes, and authority to perform routine civil functions (such as administering oaths and performing marriage ceremonies). - Abbr. J.P. Cf. MAGISTRATE (3).

justice of the quorum 1. A judge on a panel designated to hear appeals. In Massachusetts, the panel is sometimes called a quorum. 2. A county justice or justice of the peace, designated by the governor in a commission of peace, who had to be present or else a court could not sit. 3. A distinction conferred on a justice of the peace by directing in the commission authorizing the holding of quarter sessions that from among those holding court must be two or more specially so named. The distinction was conferred on some, or occasionally all, of the justices of the peace of a county in England.

justice"s warrant See peace warrant under WARRANT (1).

justice-broker Archaic. A judge who sells judicial decisions.

justicement 1. The administration of justice. 2. (pl.) All things relating to justice.

justice-of-the-peace court See justice court under COURT.

justicer One who administers justice; a judge.

justiceship 1. The office or authority of a justice. 2. The period of a justice"s incumbency.

justicia errante See JUSTICE IN EYRE.

justiciability (ja-stish-ee-a-bil-a-tee or ja-stish-a-bil-a-tee). The quality or state of being appropriate or suitable for adjudication by a court. See MOOTNESS DOCTRINE; RIPENESS. Cf. STANDING. "Concepts of justiciability have been developed to identify appropriate occasions for judicial action ....The central concepts often are elaborated into more specific categories of justiciability advisory opinions, feigned and collusive cases, standing, ripeness, mootness, political questions, and administrative questions." 13 Charles Alan Wright et aI., Federal Practice and Procedure § 3529, at 278-79 (2d ed.1984).

justiciable (ja-stish-ee-a-bal or jas-tish-a-bal), adj. (Of a case or dispute) properly brought before a court of justice; capable of being disposed of judicially <a justiciable controversy>.

justiciar (ja-stish-ee-ar). 1. A royal judicial officer in medieval England; esp., a justice presiding over a superior court. 2. JUSTICIARY (2). Also spelled justicier.

justiciar in itinere See JUSTICE IN EYRE.

justiciarii itinerantes (jas-tish-ee-air-ee-i i-tin-a-ran-teez). [Latin "itinerant justices"]. Justices in eyre. See JUSTICE IN EYRE.

justiciarii residentes (jas-tish-ee-air-ee-i rez-i-den-teez). [Latin "resident justices"]. Justices who usu. held court in Westminster, as opposed to traveling with the eyre. Cf. EYRE.

justiciary (ja-stish-ee-er-ee). 1. A justice or judge. 2. The chief administrator of both government and justice. From the time of the Norman Conquest in 1066 until the reign of Henry III (1216-1272), the justiciary presided in the King"s Court and in the Exchequer, supervising all governmental departments and serving as regent in the king"s absence. These functions were later divided among several officials such as the Lord Chancellor, the ChiefJustice, and the Lord High Treasurer. Also termed justiciar; chief justiciar; capitalis justiciarius. 3. Scots law. The administration of justice, esp. of criminal law.

justiciary (ja-stish-ee-er-ee), adj. Of or relating to the administration of justice; pertaining to the law. See HIGH COURT OF JUSTICIARY.

justicier See JUSTICIAR.

justicies (ja-stish-ee-eez). A writ empowering the sheriff to allow certain debt cases in a county court. The writ was so called because of the Significant word in the writ"s opening clause, which stated in Latin, "We command you that you do justice to [a person named]."

justicing room A room in which cases are heard and justice is administered; esp., such a room in the house of a justice of the peace.

justifiable adj. Capable of being legally or morally justified; excusable; defensible.

justifiable homicide See HOMICIDE.

justifiable homicide 1. The killing of another in self-defense when faced with the danger of death or serious bodily injury. Also termed excusable homicide. See SELF-DEFENSE (1). 2. A killing mandated or permitted by the law, such as execution for a capital crime or killing to prevent a crime or a criminal's escape. "It should be noted that a justifiable homicide is not criminal, since it is a killing which the law has either commanded or permitted: the actus in such a case is not legally punishable, and therefore we may perhaps say that it is an actus of killing which is not reus. As we shall see in most cases of justifiable homicide the killing is intentional, and therefore the mental element of criminal responsibility is clearly present: but there is no cri me com mitred since there is no actus reus." J,W. Cecil Turner, Kenny's Outlines of Criminal Law 109 (16th ed. 1952). "English lawyers once distinguished between 'excusable homicide (e.g. accidental non-negligent killing) and 'justifiable' homicide (e.9- killing in self-defence or in the arrest of a felon) and different legal consequences once attached to these two forms of homicide. To the modern lawyer this distinction has no longer any legal importance: he would simply consider both kinds of homicide to be cases where some element, negative or positive, required in the full definition of criminal homicide (murder or manslaughter) was lacking. But the distinction between these two different ways in which actions may fail to constitute a criminal offence is still of great moral importance. Killing in selfdefence is an exception to a general rule making killing punishable; it is admitted because the policy or aims which in general justify the punishment of killing (e.g. protection of human life) do not include cases such as this. In the case of 'justification.

justifiable war See BELLUM JUSTUM.

justification 1. A lawful or sufficient reason for one"s acts or omissions; any fact that prevents an act from being wrongful. 2. A showing, in court, of a sufficient reason why a defendant acted in a way that, in the absence of the reason, would constitute the offense with which the defendant is charged. Under the Model Penal Code, the defendant must show that the harm or evil that resulted from taking the action was less than the harm or evil that the law creating the offense charged was seeking to prevent. Model Penal Code § 3.02. Also termed justification defense; necessity defense. See lesser-evils defense under DEFENSE (1). 3. A surety"s proof of having enough money or credit to provide security for the party for whom it is required. - justify, vb. justificatory (jas-ti-fi-ka-tor-ee), adj. "A little bit of history: the term "justification" was formerly used for cases where the aim of the law was not frustrated, while "excuse" was used for cases where It was not thought proper to punish. Killing a dangerous criminal who had tried to avoid arrest was justified, since the law (if one may personify) wished this to happen, whereas killing in selfdefence was merely excused. The distinction was important because justification was a defence to the criminal charge while an excuse was not, being merely the occasion for a royal pardon. By the end of the middle ages (it is difficult to assign a fixed date) even excuses were recognised by the courts, since when there has been no reason to distinguish between justification and excuse." Glanville Williams, Textbook of Criminal Law 39 (1978).

justification defense A defense that arises when the defendant has acted in a way that the law does not seek to prevent. Traditionally, the following defenses were justifications: consent, self-defense, defense of others, defense ofproperty, necessity (choice of evils), the use of force to make an arrest, and the use of force by public authority. Sometimes shortened to justification. Cf. EXCUSE (2).

justification defense See JUSTIFICATION DEFENSE.

justificator (jas-ta-fi-kay-tar). 1. A compurgator; a person who testifies under oath in defense of an accused person. 2. A juror.

Justinian Code (jas-tin-ee-an). Roman law. A collection of imperial constitutions drawn up by a commission of ten persons appointed by the Roman emperor Justinian, and published in A.D. 529. Ten jurists, headed by Tribonian, carried out the project beginning in February A.D. 528 and ending in April 529. It replaced all prior imperial law, but was in force only until A.D. 534, when it was supplanted by a revision, the Codex Repetitae Praelectionis. The precise contents of the first work are unknown. But the second work, containing the 12 books of the revised code, includes the imperial constitutions of the Gregorian, Hermogenian, and Theodosian Codes, together with later legislation, revised and harmonized into one systematic whole. It deals with ecclesiastical law, criminal law, administrative law, and private law. In modern writings, the A.D. 534 version is the work referred to as the Justinian Code. Also termed Justinianean Code (jas-tin-ee-an-ee-an); Code of Justinian; Codex Justinianus (koh-deks-jas-tin-ee¬ ay-nas); Codex Vetus COld Code"); Codex Iustinianus Repetitae Praelectionis. "By the time when the Digest and Institutes had been completed it was obvious that the Codex, published little more than four years earlier, was incomplete, since in the interval justinian...had promulgated other new constitutions. Tribonian, therefore, was appointed to revise the Code, so as to bring it fully up to date, and at the end of the year A.D. 534 this new Code, known as the Codex Repetitae Praelectionis, was promulgated, and is the only Code which survives to the present day. justinian seem to have laboured under the erroneous impression that the system he had framed would be adequate for all time.

Justinian"s Institutes See INSTITUTE.

Justinianist (ja-stin-ee-a-nist). 1. One who is knowledgeable about the Institutes of Justinian. 2. One who has been trained in civil law.

justitia (jas-tish-ee-a). [Latin]. Justice.

justitia denegata (jas-tish-ee-a dee-na-gay-ta). See DENIAL OF JUSTICE.

justitia naturalis (jas-tish-ee-a nach-a-ray-lis). See natural justice under JUST ICE (1).

justitium (jas-tish-ee-am). [Latin]. A suspension or intermission of the administration of justice in the courts, as for vacation time.