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Jus incognitum
Jus incognitumAn unknown law. This term is applied by the civilians to obsolete laws, which, as Bacon truly observes, are unjust, for the law to be just must give warning before it strikes. RELATED TERMS-------------------------------------- Unknown When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment alleging the property to belong to some person unknown is improper. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Obsolete This term is applied to those laws which have lost their efficacy, without being repealed. Unjust That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is the test of right and wrong. Just This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight. SIMILAR TERMS-------------------------------------- Jus abutendi The right to abuse. By this phrase is understood the right to abuse property, or having full dominion over property. Jus accrescendi The right of survivorship. Jus ad rem Property, title. This phrase is applied to designate the right a man has in relation to a thing; it is not the right in the thing itself, but only against the person who has contracted to deliver it. It is a mere imperfect or inchoate right. This phrase is nearly equivalent to chose in action. Jus aquaeductus Civil law. The name of a servitude which Lives to the owner of land the right to bring down water through or from the land of another, either from its source or from any other place. Its privilege may be limited as to the time when it may be exercised. If the source fails, the servitude ceases, but revives when the water returns. If the water rises in, or naturally flows through the land, its proprietor cannot by any grant divert it so as to prevent it flowing to the land below. Jus civile Among the Romans by jus civile was understood the civil law, in contradistinction to the public law, or jus gentium. Jus civitatis Among the Romans the collection of laws which are to be observed among all the members of a nation were so called. It is opposed to jus gentium, which is the law which regulates the affairs of nations among themselves. Jus cloacae Civil law. The name of a servitude which requires the paity who is subject to it, to permit his neighbor to conduct the waters which fall on his grounds over those of the servient estate. Jus dare To give or to make the law. Jus dare belongs to the legislature; jus dicere to the judge. Jus deliberandi The right of deliberating, which in some countries, where the heir may have benefit of inventory, . is given to him to consider whether he will accept or renounce the succession. Jus dicere To declare the law. This word is used to explain the power which the court has to expound the law; and not to make it, jus dare. Jus disponendi The right to dispose of a thing. Jus duplicatum Property, title. When a man has the possession as well as the property of anything, he is said to have a double right, jus duplicatum. Jus feciale Among the Romans it was that species of international law which had its foundation in the religious belief of different nations, such as the international law which now exists among the Christian people of Europe. Jus fiduciarum Civil law. A right to something held in trust; for this there was a remedy in conscience. Jus gentium The law of nations. Although the Romans used these words in the sense we attach to law of nations, yet among them the sense was much more extended. Jus gladii Supreme jurisdiction. The right to absolve from, or condemn a man to death. Jus habendi The right to have and enjoy a thing. Jus in re Property, title. The right which a man has in a thing by which it belongs to him. It is a complete and full right. Jus legitimum Civil law. A legal right which might have been enforced by due course of law. Jus mariti Scotch law. The right of the hushand to administer, during the marriage, his wife's goods and the rents of her heritage. Jus merum A simple or bare right; a right to property in land, without possession, or the right of possession. Jus naturale (United Kingdom) Natural justice. Jus patronatus Ecclesiastical law. A commission from the bishop, directed usually to his chancellor and others of competent learning, who are required to summon a jury composed of six clergymen and six laymen, to inquire into and examine who is the rightful patron. Jus personarum The right of persons. A branch of the law which embraces the theory of the different classes of men who exist in a state which has been formed by nature or by society; it includes particularly the theory of the ties of families, and the legal form and juridical effects of the relations subsisting between them. Jus postliminii Property, title. The right to claim property after re-capture. Jus precarium Civil law. A right to a thing held for another, for which there was no remedy. Jus projiciendi Civil law. The name of a servitude; it is the right which the owner of a building has of projecting a part of his building towards the adjoining house, without resting on the latter. It is extended merely over the ground. Jus protegendi Civil law. The name of a servitude; it is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Jus quaesitum A right to ask or recover; for example, in an obligation there is a binding of the obligor, and a jus quaesitum in the obligee. Jus relicta Scotch law. The right of a wife, after her hushand's death, to a third of movables, if there be children; and to one-half, if there be none. Jus rerum The right of things. Its principal object is to ascertain how far a person can have a permanent dominion over things, and how that dominion is acquired. Jus spatiandi et manendi Latin: referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Very similar to an easement of which some courts have said a jus spatiandi is a special type. Jus strictum A Latin phrase, which signifies law interpreted without any modification, and in its utmost rigor. Jus utendi The right to use property, without destroying its substance. It is employed in contradistinction to the jus abutendi. PREVIOUS AND NEXT TERMS-------------------------------------- Jus fiduciarum Civil law. A right to something held in trust; for this there was a remedy in conscience. Jus gentium The law of nations. Although the Romans used these words in the sense we attach to law of nations, yet among them the sense was much more extended. Jus gladii Supreme jurisdiction. The right to absolve from, or condemn a man to death. Jus habendi The right to have and enjoy a thing. Jus in re Property, title. The right which a man has in a thing by which it belongs to him. It is a complete and full right. Jus incognitum Jus legitimum Civil law. A legal right which might have been enforced by due course of law. Jus mariti Scotch law. The right of the hushand to administer, during the marriage, his wife's goods and the rents of her heritage. Jus merum A simple or bare right; a right to property in land, without possession, or the right of possession. Jus naturale (United Kingdom) Natural justice. Jus patronatus Ecclesiastical law. A commission from the bishop, directed usually to his chancellor and others of competent learning, who are required to summon a jury composed of six clergymen and six laymen, to inquire into and examine who is the rightful patron. We thank you for using the Juridical Dictionary to search for Jus incognitum. 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