Juridical Dictionary

This dictionary contains:
8526
juridical terms

Natural justice




Natural justice

A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions.

RELATED TERMS
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Word
Construction. One or more syllables which when united convey an idea a single part of speech.

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.

Judex
1) The judge, one who declares the law, quijus dicit; one who administers justice between the parties to a cause, when lawfully submitted to him. 2) The judicial power, or the court. 3) Anciently, by judex was also understood a juror.

Person
This word is applied to men, women and children, who are called natural persons.

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.

Principles
By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles.

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.

Were
The name of a fine among the Saxons imposed upon a murderer

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.

Statutory
Relating to a statute; created or defined by a law.

Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.

Quasi-judicial
Refers to decisions made by administrative tribunals or government officials to which the rules of natural justice apply. In judicial decisions, the principles of natural justice always apply. But between routine government policy decisions and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person. Some law teachers sugest that there is no such thing as a "quasi-judicial" decision or body; the body or decision is either judicial or not.

Judicial
Belonging, or emanating from a judge, as such.



SIMILAR TERMS
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Natural affection
The affection which a husband, a father, a brother, or other near relative, naturally feels towards those who are so nearly allied to him, sometimes supplies the place of a valuable consideration in contracts; and natural affection is a good consideration in a deed For example, if a father should covenant without any other consideration to stand seised to the use of his child, the naming him to be of kin implies the consideration of natural affection, whereupon such use will arise.

Natural children
In the phraseology of the English or American law, natural children are children born out of wedlock, or bastards, and are distinguished from legitimate children; but in the language of the civil law, natural are distinguished from adoptive children, that is, they are the children of the parents spoken of, by natural procreation.

Natural day
That space of time included between the rising and the setting of the sun.

Natural death
Death by visitation of the Creator; death from the unassisted operation of natural causes.

Natural equity
That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness.

Natural fool
An idiot; one born without the reasoning powers, or a capacity to acquire them.

Natural fruits
The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes or plants.

Natural law, or law of nature
The rule of human action prescribed by the Creator, and discoverable by the light of reason.

Natural liberty
Consists in the power of acting as one thinks fit, without any restrain or control, unless by the laws of nature. "Moral liberty" or "natural liberty" is the right which nature gives to all mankind of disposing of their persons or property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of any other man.

Natural obligation
Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforeed in a court of justice.

Natural presumptions
Evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connexions which are pointed out by experience; they are independent of any artificial connexions, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of th& particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts.

Natural sevitudes
Civil law. Those servitudes which arise in consequence of the nature of the soil.

Naturalization
The act by which an alien is made a citizen of the United States of America.

Naturalization application
The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant’s place of residence.

Naturalized citizen
One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and laws.



PREVIOUS AND NEXT TERMS
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Natural day
That space of time included between the rising and the setting of the sun.

Natural death
Death by visitation of the Creator; death from the unassisted operation of natural causes.

Natural equity
That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness.

Natural fool
An idiot; one born without the reasoning powers, or a capacity to acquire them.

Natural fruits
The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes or plants.

Natural justice

Natural law, or law of nature
The rule of human action prescribed by the Creator, and discoverable by the light of reason.

Natural liberty
Consists in the power of acting as one thinks fit, without any restrain or control, unless by the laws of nature. "Moral liberty" or "natural liberty" is the right which nature gives to all mankind of disposing of their persons or property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of any other man.

Natural obligation
Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforeed in a court of justice.

Natural presumptions
Evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connexions which are pointed out by experience; they are independent of any artificial connexions, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of th& particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts.

Natural sevitudes
Civil law. Those servitudes which arise in consequence of the nature of the soil.

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This dictionary contains 8526 terms.







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