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| This dictionary contains: 8526 juridical terms |
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Jus spatiandi et manendi
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Jus spatiandi et manendiLatin: 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.
RELATED TERMS--------------------------------------
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Enjoyment
The right which a man possesses of receiving all the product of a thing for his necessity, his use, or his pleasure.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Education
Includes proper moral, as well as intellectual and physical, instruction. May be particularly directed to the mental, the moral or the physical powers and faculties, but in its broadest and best sense, relates to them all.
Easement
A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.
Said
Before mentioned.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
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 incognitum
An 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.
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 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 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
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.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Justices
1) The constant and perpetual disposition to render every man his due. Toullier defines it to be the conformity of our actions and our will to the law. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. 2) Judges. Officers appointed by a competent authority to administer justice. They are so called, because, in ancient times the Latin word for judge was justicia. This term is in common parlance used to designate justices of the peace.
RELATED TERMS--------------------------------------
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Enjoyment
The right which a man possesses of receiving all the product of a thing for his necessity, his use, or his pleasure.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Education
Includes proper moral, as well as intellectual and physical, instruction. May be particularly directed to the mental, the moral or the physical powers and faculties, but in its broadest and best sense, relates to them all.
Easement
A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.
Said
Before mentioned.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
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 incognitum
An 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.
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 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 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
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.
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.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Justices
1) The constant and perpetual disposition to render every man his due. Toullier defines it to be the conformity of our actions and our will to the law. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. 2) Judges. Officers appointed by a competent authority to administer justice. They are so called, because, in ancient times the Latin word for judge was justicia. This term is in common parlance used to designate justices of the peace.
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This dictionary contains 8526 terms.
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