judgment 
Declaratory Judgment. See declaratory. Defini- 
tive, determinative, or final judgment, the decision 
of the mind that a certain relation is true, and that the 
matter requires no further examination. Demonstra- 
tive, determinate, discursive judgment. See the 
adjectives. Disjunctive judgment. Same as alter- 
3248 
dicare, judge : see judge, i>.] Capable of being 
judged or tried. 
They were heretics . . . towards God and towards man, 
and judicable in both tribunals. 
Jer. Taylor, Works (ed. 1835), II. 315. 
function. Immanent judgment, a judgment concern- 
ing things of nature and experience. Interlocutory, in- 
terrogative, etc., Judgment. See the adjectives. In- 
tuitive Judgment, a judgment which is based on direct 
perception. Judgment by confession. See confession. 
Judgment by default. See default. Judgment -- . ... , . - 
creditor, a creditor who has reduced his claim to judg. upon either house, though perhajw originally question 
ment; a creditor who has recovered judgment award- able, 
ing his payment. Judgment creditor's action, an ' 
action by a judgment creditor to enforce payment. See 
ability to judge ; judging. 
The former is but an act of the judicative faculty. 
Hammond, Works, IV. 492. 
The judicative power as to writing, speaking, or pub- 
lishing of gross reflections upon the whole parliament or 
either house, though perhaps originally question- 
, seems now of too long a standing and of too much 
frequency in practice to be well counteracted. 
Hargrove, Juridical Arguments, II. 183. 
equity.- Judgment debt. See <M>.-Judgment debt- indicatory (jo'di-ka-to-ri), a. and . [= It. 
or. See debtor. Judgment in personam, a judgment J , ^5? .%:< TT t*SLin.tnriua rim-rainim? to 
which hinds only thenght of a party and his represen- giuatcatono, <, 14* JUMcatorius, pertamn 
tatives, as distinguished from a judgment in rein, which judging (neut. judicatonum, a court OI justice;, 
is available as conclusive respecting the right of the sub- < L. judicare, judge : see judge, V."] I. a. Per- 
contrary verdict, as, for instance, because some matter re- 
lied on in avoidance and found to be true by the verdict 
is insufficient in law. Judgment of experience, an 
empirical judgment having objective validity. Judg- 
ment Of God, a phrase formerly applied to extraordi- 
nary trials of secret crimes, as by arms and single combat, 
by ordeal, etc., it being imagined that God would work 
a miracle to vindicate innocence. Judgment Of per- 
ception, the judgment that one has a certain feeling ; a 
subjectively valid judgment. Judgment of retraxlt, a 
judgment suffered at common law by a plaintiff volun- 
tarily retracting his claim. Judgment record or roll, 
(a) In ancient common law practice, the roll of parch- 
ment upon which the record terminating in a judgment 
was engrossed, for permanent preservation. Hence (6) 
In modern practice, the documents (usually the pro- 
cess complaint, answer, verdict or findings and judg- 
ment thereon) fastened and folded together, and filed 
as the record of the judgment. Judgment respon- 
deat ouster, an interlocutory judgment requiring the 
defendant to put in a more substantial defense. Pre- 
justice. 
He who had power to admonish had also power to re- 
ject in an authoritative or judicatory way. 
Up. Hall, Cases of Conscience, ill. 5. 
II. n. ; pi. judica tories (-riz). 1. A court of 
justice ; a tribunal ; any body of persons en- 
dowed with judicial authority: as, a church 
judicatory. 
To have brought the King to condign punishment hath 
not broke the Covnant, but it would have broke the Cov- 
nant to have sav'd him from those Judicatories which both 
Nations declar'd in that Covnant to be supreme against 
any person whatsoever. Milton, Eikonoklastes, xxviii. 
2. Administration of justice. 
No such crime appeared as the lords, the supreme court 
of judicatory, would judge worthy of death. 
Clarendon, Great Rebellion. 
judiciary 
3. Enacted by statute, or established by con- 
stituted authority. [Bare.] 
It was not a moral, but a. judicial law, and so was abro- 
gated . which law the ministry of Christ came not to 
deal with. Milton. 
4. Determinative ; giving judgment ; deciding, 
as about a point in contest or about future 
events : as, judicial astrology. 
Judicial duels (which were the authorized substitutes 
lor private wars between families) continued in France 
down to the close of the 14th century. 
H. Spencer, Prin. of Sociol., 522. 
5. Having the nature of a judgment or punish- 
ment. 
Judicial blindness; such as Pharaoh's, who, from resist- 
ing God's will, at length did not know the difference be- 
tween light and darkness. 
J. H. Newman, Parochial Sermons, i. 221. 
Judicial act, an act involving the exercise of judicial 
power (which see, below). Hence (a) An act of a court or 
magistrate in deciding a question of right litigated before 
him or referred bylaw to his judgment. (&) An act of any 
Jublic officer involving the exercise of his judgment or 
iscretion on a question affecting the right of any party. 
Thus, the act of the fiscal officer of a municipality in au- 
diting a claim is usually judicial, but his paying a lawful 
warrant or order for payment is ministerial. (See minis- 
terial.) A judicial act implies deliberation, and therefore, 
if to be done by several jointly, those who are to do it must 
be together (or under modern statutes a majority after no- 
tice to all) ; while a ministerial act may ordinarily, unless 
otherwise required by law, be the concurrent act of each 
separately. 
The distinction between a judicial and a legislative act 
is well defined. The one determines what the law is, and 
what the rights of parties are, with reference to transac- 
tions already had ; the other prescribes what the law shall 
be in future cases arising under it. 
Justice Stephen J. Field, 99 U. S., 761. 
Judicial astrology. See astrology. Judicial bribery. 
See bribery. Judicial comity, the deference which 
p 
d 
liininary Judgment, the judgment that certain prob- judicature (jo di-ka-tur), n. [< F '. judicature = 
abilities require the examination of a given hypothesis. Sp. Pg. judicatura = It. giudicatura, < ML. judi- 
To confess judgment, in a general sense, to acknowledge ca tura <L iudicare, judge: see judae, .] 1. 
liability; specifically, to give a formal consent, upon which T , ' ', -.JmiriKiteriTiff iustice bv leffiil 
the clerk of a court or a justice may enterjudgmentagainst !? power ot aan 
the consenting party, without the necessity of process or trial and determination ; judicial authority, 
pleading for the bringing of an action. To sit in judg- 
ment, to exercise the function of a judge; hence, to assume 
the right to criticize or judge : usually in an adverse sense. 
Transcendent judgment, in the Kantian terminology, 
a Judgment which relates to an object which can never 
be presented in experience. = Syn. 1. Judgment, Saga- 
city, Perspicacity; discrimination, penetration, wisdom, 
brains. Judgment, as compared with sagacity and per- 
spicacity, is a general word ; as, sound judgment in busi- 
ness ; good judgment as to cloths. Sagacity is a power to 
discern the real facts of a situation, to see the course that 
is wisest to avoid failure or achieve success. (See astute.) 
Sagacity is especially the word applied to brutes that have 
a large discernment and a quickness of mind like those 
of man. Perspicacity is essentially the same as discern- 
ment, except that it is more vividly figurative, suggesting 
the actual use of the eyes in looking into things. See 
discernment. 4. Verdict, Report, etc. See decision and 
inference. 0. Taste, Judgment (see taste); opinion, belief, 
conclusion. 
judgment-cap (juj 'meut-kap), n. Same as 
black cap (a) (which see, under cap). 
Give me a man that buyes a seat of judicature ; I dare 
not trust him for not selling of justice. 
Bp. Ball, The Best Bargain. 
The Parliament of England has no Arbitrary Power in 
point of Judicature, but in point of making Law only. 
Selden, Table- Talk, p. 89. 
The manorial system, and the ecclesiastical and civil 
judicature of old times, are either falling into desuetude 
or being ruthlessly abolished. 
Stubbs, Medieval and Modern Hist., p. 51. 
2. A court of justice ; a judicatory. 
One of the five judicatures of Palaestine was held at it 
[Sephon]. Pococke, Description of the East, II. i. 62. 
3f. Legality; lawfulness, as constituted by stat- 
ute or enactment. 
Our Saviour disputes not here the judicature (for that 
was not his office) but the morality of divorce. Milton. 
judgment-day (juj'ment-da), . In theol., the 
last day, or the day when final judgment will 
be pronounced on the subjects of God's moral 
government; doomsday. Boman Catholic theolo- 
gians hold to two judgment-days : the first at death, when 
the eternal lot of the soul is determined by God this 
4. Extent of jurisdiction of a judge or court. 
Judicature Acts, English statutes regarding the Su- 
preme Court of Judicature in England, particularly those 
of 1873 (36 and 37 Viet., c. 66), 1875 (38 and 39 Viet., c. 77), 
1877 (40 and 41 Viet, c. 9), and 1881 (44 and 45 Viet., c. 68), 
by which the said court has been established and organ- 
ized in its two permanent divisions, the Court of Appeal 
and the High Court of Justice. 
M*C I II I II. <l 1UL UI H1O Mllll IB UOVQrUUUVUWJ VJrUU MUM . _. .!/. .-,. T_/l\ ,- C1 T J' ' 7 
being designated the private or particular judgment; the judicial (jo-dish al), a. [= bp. Pg. judicial = 
It. giudiciale, giudiziale, < L. judicialis, of or be- 
longing to a court of justice, judicial, < judi- 
cium, judgment, decision of a court of justice, 
also the court itself, <judex (judic-), a judge: 
see judge, .] 1. Of or pertaining to a judge; 
proper to the character of a judg^e ; judge-like ; 
hence, critical ; discriminating; impartial; for- 
merly, judicious. 
I know I shall bee taxed for writing so much of my self e, 
but I care not much, because the iudiciall know there are 
few such Souldiers as are my examples. 
Quoted in Capt. John Smith's Works, II. 92. 
Her brains a quiver of jests, and she does dart them 
abroad with that sweet, loose, and judicial action. 
B. Jonson. 
second, the great or general judgment-day, at the end of 
the world. 
Unto the French the dreadful judgement-day 
So dreadful will not be as was his sight. 
Shak., 1 Hen. VI., i. 1. 
judgment-hall (juj'ment-hal), n. Ahall where 
courts are held. 
Pilate entered into the judgment hall again, and called 
Jesus. John xviii. 33. 
judgment-note (juj'ment-not), . A promis- 
sory note of the usual form, containing also a 
power of attorney to appear and confess judg- 
ment for the sum therein named. It is not 
negotiable. Bouvier. 
judgment-seat (juj'ment-set), n. A seat or 
place of judgment ; specifically, the seat or 
bench on which judges sit in court. 
Pilate ... sat down in the judgment seat in a place 
that is called the Pavement. John xix. 13. 
We shall all stand before the judgment seat of Christ 
Rom. xiv. 10. 
I confesse it to me a meer toy, not deserving any judi- 
cial man's view. Nashe, Pierce Penilesse. 
His mind was rather judicial than forensic in its cast. 
Sumner, John Pickering. 
Judica (jo'di-ka), n. [So called rrom the 
opening words in Latin of the introit, the 43d 
Psalm, Judica -me, Deus, "Judge me. O God": L. 
judica, 2d pers. sing. impv. of judicare, judge: 
J. Sully, Outlines of Psychol., p. 568. 
2. Pertaining to the administration of justice ; 
proper to a court of law; consisting of or re- 
sulting from legal inquiry or judgment : as, ju- 
~eeo judge, v.-] A name sometimes given in Eng- *<??* Powerorproceedings; * judicial decision, 
laud to Passion Sunday, or the fifth Sunday in wrlt ' sale > or Pishment. 
Lent. I" 'his distinct and separate existence of the judicial 
iidirahle firi'ili ka Kh n (" Tt /ri<ft/vih7 power in a peculiar body of men, nominated indeed, but 
UQicaDie yo <Li-k.a-Dl), a. L It. gmaicaoue, notremovableatpleasure.bythecrown.consistsonemain 
. LL. judieabths, that can be judged, < L. ju- preservative of the public liberty. Blactotime,Cam.,l.vU. 
. , 
courts in any state usually pay to the rules of law main- 
tained in other states or nations, although different from 
their own, in cases where the persons, property, or trans- 
actions in question are within the foreign jurisdiction. 
The laws of a state can have no extraterritorial effect ; 
but when a civil controversy arises in the courts of one 
state as to matters wholly or partly within the territory 
of another, and the law of the two states differs, and there 
is contest as to which ought to control the case, the courts 
often apply the extraterritorial law to extraterritorial 
persons or property, etc., in furtherance of justice as be- 
tween the parties, not as the binding rule of law, but by 
way of comity. Judicial confession. See confession, 1 
(d). Judicial declaration. See declaration. Judicial 
discretion. See discretion. Judicial evidence. See 
evidence, 2 (d). Judicial factor, in Scots law, a factor or 
administrator appointed by the Court of Session (some- 
times by the sheriff), on special application by petition, 
setting forth the circumstances which render the appoint- 
ment necessary. Such factors are usually appointed in 
cases where a father has died without a settlement, leav- 
ing his children in pupilarity, and also where a party has 
become incapable of managing his own affairs. Judicial 
murder, the execution of one convicted as criminal legal- 
ly, but in reality unjustly. Judicial notice. See notice. 
Judicial power, (a) The authority to determine righto 
of person or property, by arbitrating between adversaries 
in specific controversies, at the instance of a party thereto. 
(b) Thepower conferred upon and exercised by the judiciary 
or a court as such, (c) A power conferred upon a public 
officer involving the exercise of judgment and discretion 
in the determination of questions of right in specific cases 
affecting the interests of persons or property, as distin- 
guished from ministerial power, or authority to carry out 
the mandates of judicial power or of the law. Judicial 
sale, a sale made pursuant to a specific judgment, decree, 
or order of a judicial tribunal, as distinguished from one 
made by a ministerial officer in execution of process to 
enforce a money judgment. Judicial separation. See 
separation. 
judicially (jo-dish'al-i), adv. 1. In a judicial 
manner; in the forms of legal justice: as, a 
sentence judicially declared. 
When the cardinal asked Bilney whether he had not 
taken the oath before not to preach or defend any of 
Luther's doctrines, he confessed he had done it, but not 
judicially (judicialiter in the register). 
Bp. Bumet, Hist. Reformation, i. 
2. In the manner of a judge, as opposed to that 
of a pleader; impartially. 
He [the critic] should discuss the subject-matter judi- 
cially and as a whole, . . . gauging the work by the au- 
thor's standard as well as his own. 
Stubbs, Medieval and Modern Hist., p. 53. 
3. By way of a judgment or punishment. 
Reflect that . . . those truths divine . . . 
Are never long vouchsaf 'd, if push'd aside, . . 
And that, judicially withdrawn, disgrace, 
Error, and darkness occupy their place. 
Cowper, Expostulation, 1. 692. 
judiciary (jo-dish'i-a-ri), a. and n. [= F. ju- 
diciaire = Sp. Pg. jiidiciario = It. giudieiario, 
< L. judiciarius, of or belonging to a court of 
justice, < judicium, judgment, a court of justice : 
see judicial.] I. a. Pertaining to courts of judi- 
cature or legal tribunals; judicial. 
But to lay such a censure on a clergyman as a suspen- 
sion, without proof, in a judiciary proceeding, was con- 
trary both to law and justice. 
Up. Bumet, Hist. Own Times, an. 1686. 
