Daniel Oran - Oran's Dictionary of the Law

268 Judicial review

Judicial review 1. A court’s power to declare a statute unconstitutional and to interpret laws. 2. An appeal from an administrative agency decision. In the federal government the general rules governing this are in the Judicial Review Act. 3. A higher court’s examination of a lower court’s decision.

Judicial sale A sale held under a court judgment or order or held under court supervision. See also execution.

Judiciary The branch of government that interprets the law; the branch that judges. For example, the Judiciary Act of 1789 set up the system of federal courts. [pronounce: ju-dish-ee-ary]

Judicious With the use of good judgment. Not “judicial.” [pronounce: ju-dish-us]

Jump bail 1. Leave the area or hide to avoid going to court while “out on bail.” 2. Fail to show up in court while on bail.

Jump citation See pinpoint citation.

Junior Describes an interest or a right that collects after, or is subordinate to, another interest or right. See subordination.

Junk bond A high-yield, high-risk bond with no credit rating or with a rating below “investment grade.”

Jura (Latin) Rights or laws.

Jural 1. Having to do with the basic or fundamental law of rights and obligations. 2. Describes legal rather than moral rights and obligations.

Jurat Name for the written statement on an affidavit about where, when, and before whom it was sworn to.

Jure (Latin) Right; by the right or law of. See de jure.

Juridical 1. Having to do with the court system or with a judge. 2. Regular; conforming to law and court practice. 3. Intended to have legal consequences. 4. For a juridical person see juristic person.

Juris (Latin) Of right or of law.

Juris doctor Doctor of laws. The basic U.S. law degree. See J.D. Juris et de jure (Latin) “By law and right.” Describes a conclusive pre-

sumption.

Jurisdiction 1. The geographical area within which a court (or a public official) has the right and power to operate. 2. The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding. For types of jurisdiction, such as ancillary, appellate, in personam, in rem, etc., see those words.

Jurisdictional 1. Having to do with jurisdiction (see that word). 2. Essential for jurisdiction. For example, the “jurisdictional amount ” is the

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value of a claim being made in a case. Some courts take only those cases that have jurisdictional amounts above or below a certain money limit. Jurisdictional facts are those things a court must know before taking and keeping a case (such as whether the defendant has received proper service, etc.).

Jurisdictional dispute A conflict between unions, either as to which union should represent certain workers or as to which union’s members should do a certain type of work. Strikes based on these disputes are generally illegal.

Jurisprudence The study of law and legal philosophy. Jurist 1. A judge. 2. A legal scholar.

Juristic act Something done that is intended to have (and capable of having) a legal effect.

Juristic person A person for legal purposes. This includes both natural persons (individuals) and artificial persons (corporations), but sometimes refers only to corporations.

Juror A person who is a member of a jury.

Jury A group of persons selected by law and sworn in to consider certain facts and determine the truth. The two most common types of juries are a grand jury (persons who receive complaints and accusations of crime, hear preliminary evidence on the complaining side, and make formal accusations or indictments) and a petit jury or trial jury (usually twelve, but sometimes as few as six persons who decide questions of fact in many trials). There are also coroner’s juries, advisory juries, and other types.

Jury box The enclosed place where the jury sits during a trial.

Jury commission A committee of private citizens that picks jurors. In some places, this job is done by a jury clerk.

Jury fixing (or tampering) Illegally influencing a juror or jurors (often through bribery) to influence the outcome of a trial.

Jury list 1. A list of those jurors selected to try a case. 2. A list of all jurors commanded to be in court to be selected for various cases. 3. A list of all possible jurors.

Jury nullification A jury’s rejection of the evidence it was instructed to consider or the law it was instructed to follow, usually because the jurors do not want to reach a verdict they consider unfair.

Jury trial A trial with a judge and jury, not just a judge. This is a constitutional right in criminal cases and in many civil cases. In some states, the lowest court does not use a jury, but these states allow an

270 Jury wheel

“appeal of right” to another trial, or an initial choice between two courts, the higher of which offers the jury trial option.

Jury wheel A device for randomly selecting jurors from a list of eligible citizens.

Jus (Latin) 1. Right or justice. 2. Law, or the whole body of law. For example: jus belli (the law of war, wartime rights); jus civile (civil law, Roman law, or the law of one country); jus commune (common law); jus gentium (the law of nations or international law); jus naturae (the “law” of nature); jus naturale (natural law); jus privatum (the law of private rights); jus publicum (public or governmental law); and jus soli (the law of a person’s birthplace; also, citizenship in a country because you are born there). 3. A particular right. For example: jus disponendi (the right to do what you want with your own property or the right of a seller to let title pass or keep it until all payments are made); jus dividendi (the right to give property by will); jus habendi (the right to possess something); jus sanguinis (“law of the blood”; citizenship in a country because your parents are citizens); and jus tertii (the right of someone not involved in a lawsuit to property that is involved in the suit).

Just 1. Legal or lawful. 2. Morally right; fair. Words like “just cause” and “just compensation” include both meanings (no. 1 and no. 2) of “just.” Justice 1. Fairness in treatment by the law. 2. Short for Department of Justice. The U.S. cabinet department that manages the country’s legal business. It represents the U.S. in both civil and criminal matters, runs the federal prison system, and has specialized departments that handle antitrust, civil rights, the Federal Bureau of Investigation, immigration and naturalization, etc. 3. A judge, especially an appellate

judge such as a justice of the U.S. Supreme Court. Justice of the peace One type of local judge.

Justiciable Proper to be decided by a particular court. For example, a “justiciable controversy” is a real, rather than hypothetical, dispute. Federal courts may handle only cases that present a justiciable controversy. [pronounce: jus-tish-able]

Justification A legally valid reason that frees a person from liability for intentional acts that would otherwise have been unlawful. For example, self-defense may be justification for a killing. Compare with excuse.

Juvenile 1. Not yet an adult for the purpose of the criminal law. 2. Not yet an adult. A minor. This may be a different age than no. 1.

Juvenile court A court set up to handle cases of either delinquent or neglected children.

272 Kin (or kindred)

Kin (or kindred) 1. Persons with a blood relationship. 2. Persons with any relationship by blood or marriage.

Kind See in kind.

King’s Bench (or Queen’s Bench) An English court that developed most of the “common law” (see that word) that has become the basis for the law in the United States.

Kiting Writing checks on an account before money is put in to cover them.

Kleptocracy Slang for a government that is looted by those who run it.

Knock and announce rule The rule that a police officer making a legal arrest or search may break down a door only after first stating his or her authority and purpose for being there and after entrance is refused or avoided. This rule has exceptions such as if knocking is a useless gesture (because the officer is sure that the occupant knows the purpose of the visit) or if a search is conducted with a no-knock warrant (granted because, without surprise, evidence will probably be destroyed).

Knock down An auctioneer’s acceptance of a bid as final. This gives the bidder the right to the property once it is paid for.

Knowingly With full knowledge and intentionally; willfully.

Kovel accountant An accountant hired by a lawyer, so the accountant’s work is usually covered by the lawyer-client privilege. Turning prior accounting work over to a lawyer does not get the privilege. The name comes from the 1961 Second Circuit case Kovel v. U.S. (296 F.2d. 918).

274 Labor

Labor Department of Labor. The U.S. cabinet department that regulates working conditions, labor-management relations, human resources development, etc. The National Labor Relations Board (N.L.R.B.), however, is an independent agency.

Labor contract A collective bargaining agreement.

Labor dispute A controversy between an employer and employees or an employer and a union involving wages, hours, working conditions, or the question of who has the right to speak for the employees.

Labor organization Any group, whether or not a labor union, and whether or not it is formally organized, that deals with pay, hours, or any other working conditions.

Labor Relations Act National Labor Relations Act.

Labor Relations Board See N.L.R.B.

Labor Standards Act Fair Labor Standards Act.

Labor union A formal organization of employees formed to improve compensation and working conditions. See union for types.

Labor-Management Relations Act The Taft-Hartley Act. Labor-Management Reporting and Disclosure Act The Landrum-

Griffin Act.

Laborer’s lien See mechanic’s lien.

Laches The legal doctrine that a delay (in pursuing or enforcing a claim or right) can be so long that the person against whom you are proceeding is unfairly hurt or prejudiced (see prejudice) by the delay itself. This may keep you from winning. Laches (or estoppel by laches) is an equitable defense (see those words), used when a plaintiff delays unfairly in starting a lawsuit. [pronounce: latch-es]

Laden in bulk Carrying loose cargo such as grain rather than carrying containers of grain or individual items such as chairs.

Lading See bill of lading.

Laesa majestas (Latin) Treason.

Laissez-faire (French) Describes the theory or practice of a free economy in which the government does not interfere with private economic decisions. [pronounce: lay-say fair]

Lame duck 1. An elected official who is serving out the end of a term after someone else has been elected to take his or her place. A lame duck session is a legislative session held after an election and before new members of the legislature are to begin their terms. The Twentieth Amendment to the U.S. Constitution is called the Lame Duck Amendment because it abolished the short post-election congres-

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sional session. 2. Any public or private officeholder who cannot continue beyond the current term of office. 3. An investor in stock who has over-bought and cannot meet his or her financial commitments.

Land In the law, land is not just the surface. It includes everything underneath plus the airspace above and usually means the same thing as real estate, which includes buildings and intangible rights in the land such as leases.

Land bank 1. Describes a federal program in which land is taken out of agricultural production and used for conservation or trees. Also called soil bank. 2. A federally created bank that makes low-interest farm loans.

Land grant (or land patent) A gift (usually with conditions attached) of land from the government to a private person, organization, business, or another government. Many state colleges are land grant institutions.

Land sales contract A contract for the sale of real estate (often not recorded in the land records) in which the seller keeps title to the property until an agreed future time. This is often done to keep a low interest rate on an existing mortgage or when conventional financing cannot be obtained. Also called a contract for deed and installment land contract.

Land tech. (or landman or landwoman) A paralegal who works in oil and gas land and leasing law.

Land use planning A general term that can mean zoning laws, real estate development and use laws, environmental impact studies, state and local master plans, etc.

Landlord The owner of land or a building that is rented or leased to a tenant.

Landmark case A court case that makes major changes in the law, especially a U.S. Supreme Court case that resolves a major issue and has substantial practical impact.

Landrum-Griffin Act (29 U.S.C. 401) A 1959 federal law that gave several new rights to individual union members (such as the requirement that unions must have a fair constitution). It also changed the Taft-Hartley Act in some pro-union, some pro-employer ways. See also secondary boycott and hot cargo.

Lanham Act (15 U.S.C. 1051) A 1946 revision of the federal trademark laws.

Lapping Stealing or “borrowing” from an employer by taking money paid by a customer, not recording the payment, then covering the theft by putting the next customer’s payment into the first’s account, and so on.

276 Lapse

Lapse 1. The end or failure of a right because of the neglect to enforce or use it within a time limit. 2. The failure of a gift by will. 3. See antilapse statutes.

Larceny Stealing of any kind. Some types of larceny are specific crimes, such as larceny by trick or grand larceny.

Larger parcel rule When a piece of land taken by eminent domain (see that word) is part of a larger piece of land, the price paid by the government may be higher than it would have been for an identical piece of land standing alone.

Lascivious Tending to excite lust; impure; obscene; immoral. [pronounce: la-siv-ee-us]

Last antecedent rule The principle that a phrase that can be read as referring to the immediately preceding words should be read that way unless the document as a whole makes it clear that the phrase should refer to words farther away or should be read more broadly.

Last clear chance doctrine The legal principle that a person injured in (or having property harmed by) an accident may win damages even when negligent if the person causing the damage, while also negligent, could have avoided the accident after discovering the danger and if the person injured could not have. This rule is not accepted in every state and, where accepted, has many different forms (and names).

Last injurious exposure rule The principle that when an occupational disease was caused by a succession of jobs, or could have been caused by any one of a succession of jobs, the most recent employer with the risk exposure is liable.

Last resort A court of last resort is one from which there is no appeal.

Last will and testament Will.

Latent 1. Hidden. A latent defect is something wrong (with an article sold or with the validity of a legal document) that cannot be discovered by ordinary observation or care. In this sense, its opposite is patent. A latent ambiguity is an uncertainty that arises when seemingly unambiguous words in a document are applied to the factual situation at issue. 2. Dormant, passive, or “put away.” For example, a latent deed is one kept for twenty (or thirty) years in a secret place. 3. “Latents” is police slang for fingerprints found in a criminal investigation.

Lateral support The sideways support of land provided by adjoining land, and the right to such continued support. For example, if a landowner digs a drainage ditch that causes a cave-in of another’s

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land, the landowner is usually financially responsible for the damage. Compare with subjacent support.

Laudum (Latin) A judgment or award.

Laughing heir A person who inherits unexpectedly from a distant relative. Laundering Exchanging money gained illegally for money that cannot

be traced to crime.

Law 1. That which must be obeyed. 2. A statute; an act of the legislature. 3. The whole body of principles, standards, and rules put out by a government. 4. The principles, standards, and rules that apply to a particular type of situation; for example, “juvenile law.” 5. See fact for the difference between fact and law. 6. For the many different types of law, such as caselaw, constitutional law, military law, substantive law, etc., see those words.

Law and Economics The study of law based on the idea that legal principles, laws, and court decisions should be subject to cost-benefit analyses to see whether they are economically efficient.

Law day (law date) 1. A court-set day after which a mortgagor (see mortgage) can no longer pay off a debt on real estate and get the real estate back from foreclosure. 2. May First. A day for special school and public programs honoring the U.S. legal system.

Law directory A law list.

Law enforcement officers Police, F.B.I. agents, sheriffs, etc.

Law French The Norman French language used in the law in England for several centuries. Many words survive.

Law journal (or law review) A publication put out by a law school (or bar association, etc.) with articles on legal subjects such as court decisions and legislation.

Law Latin The changed form of Latin that developed in the English courts. Many words survive.

Law list A directory of lawyers practicing in a particular area, such as the Martindale-Hubbell Law Directory.

Law merchant The generally accepted customs of merchants. These customs have standardized over the years and become a part of the formal law.

Law of nations See public international law.

Law of nature 1. Natural law. 2. The “law” of survival in the wild. Law of the case Any decision or ruling in a case by a trial or appeals

court. The law of the case may not usually be changed in any later phase of that same case, except by review of a higher court. Compare with res judicata.