The 'Lectric Law Library's Legal Lexicon On
* JUDICIAL *


 

JUDICIAL - Belonging, or emanating from a judge, as such.

Judicial sales are such as are ordered by virtue of the process of courts.

A judicial writ is one issued in the progress of the cause, in contradistinction to an original writ.

Judicial decisions are the opinions or determinations of the judges in causes before them.

Judicial power is the authority vested in the judges. The U.S. Constitution declares that, "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the congress may, from time to time, ordain and establish." Art. 3, s. 1. 6.

By the constitutions of the several states, the judicial power is vested in such courts as are enumerated in each respectively. There is nothing in the Constitution to forbid or prevent the legislature of a state from exercising judicial functions and judicial acts have occasionally been performed by the legislatures. But a state legislature cannot annul the judgments, nor determine the jurisdiction of the courts of the United States; nor authoritatively declare what the law is, or has been, but what it shall be.
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