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Relating to the courts or belonging to the office of a judge; a term pertaining to the administration of justice, the courts, or a judge, as in judicial power.
A judicial act involves an exercise of discretion or an unbiased decision by a court or judge, as opposed to a ministerial, clerical, or routine procedure. A judicial act affects the rights of the parties or property brought before the court. It is the interpretation and application of the law to a particular set of facts contested by litigants in a court of law, resulting from discretion and based upon an evaluation of the evidence presented at a hearing.
Judicial connotes the power to punish, sentence, and resolve conflicts.
adj., adv. 1) referring to a judge, court or the court system. 2) fair.
judicialadjective considerate, disinterested, fair, impartial, judgmatic, judicative, judicious, juridical, juristic, juristical, just, knowing, politic, prudent, prudential, rational, reasonable, reasoned, sagacious, sage, sapient, sensible, thoughtful, unbiased, unbigoted, uninfluenced, unprejudiced, unswayed, wise
Associated concepts: critical state in a judicial proceeding, judicial act, judicial business, judicial circuit, judicial deciiion, judicial district, judicial function, judicial inquiry, judiiial notice, judicial office, judicial opinion, judicial power, judicial proceeding, judicial review, judicial separation, judicial sequestration, judicial tribunal
Foreign phrases: Officia judicialia non concedantur anteeuam vacent.Judicial offices are not to be granted or appointed before they become vacant.
See also: forensic, jural, juridical, licit, objective, open-minded, politic, unprejudiced
JUDICIAL. Belonging, or emanating from a judge, as such.
2. Judicial sales, are such as are ordered by virtue of the process of courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50.
3. A judicial writ is one issued in the progress of the cause, in contradistinction to an original writ. 3 Bl. Com. 282.
4. Judicial decisions, are the opinions or determinations of the judges in causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & Ald. 122 4 Barn. & Adolph. 207 1 H. B1. 63; 5 M. & S. 185.
5. Judicial power, the authority vested in the judges. The constitution of the United States 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. See the names Of, the several states. There is nothing in the constitution of the United States to forbid or prevent the legislature of a state from exercising judicial functions; 2 Pet. R. 413; and judicial acts have occasionally been performed by the legislatures. 2 Root, R. 350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 Pet. R. 660; 16 Mass. R. 328; Walk. R. 258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip., R. 77; 1 Aik. R. 314. But a state legislature cannot annul the judgments, nor determine the jurisdiction of the courts of the United States; 5 Cranch, It. 116; 2 Dall. R. 410; nor authoritatively declare what the law is, or has been, but what it shall be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R. 451; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 L. R. 438 7 M. R. 325; 9 M. R. 204; 10 M. R. 1.
WRITS, JUDICIAL, practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery. 3 Bl. Com. 282.