JUDICIAL1 ADMISSIONS. Those which are generally made in writing in court by the attorney of the party; they appear upon the record, as in the pleadings and the like.
JUDICIAL CONFESSIONS3, criminal law. Those voluntarily made before a magistrate4, or in a court, in the due course of legal proceedings5. A preliminary examination, taken in writing, by a magistrate lawfully6 authorized7, pursuant to a statute8, or the plea of guilty, made in open court to an indictment9, are sufficient to found a conviction upon them.
JUDICIAL CONVENTIONS. Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ2 of sequestration. 6 N. S. 494.
JUDICIAL MORTGAGE. In Louisiana, it is the lien10 resulting from judgments12, whether these be rendered on contested cases, or by default, whether they be final or provisional, in favor of the person obtaining them. Civ. Code of Lo. art. 3289.
JUDICIAL SALE. A sale by authority of some competent tribunal, by an officer authorized by law for the purpose.
2. The officer who makes the sale, conveys all the rights of the defendant13, or other person against whom the process has been issued, in the property sold. Under such a sale there is no warranty14, either express or implied, of the thing sold. 9 Wheat. 616. When real estate is sold by the sheriff or marshal, the sale is subject to the confirmation15 of the court, or it may be set aside. See 4 Wash. C. C. R. 45 Wallace, 128; 4 Wash. C. C. R. 322.
JUDICIAL WRITS16, Eng. practice. The capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court into which the original was returnable, and being grounded on what had passed in that court in consequence of the sheriff's return, were called judicial writs, in contradistinction to the writs issued out of chancery, which were called original writs. 3 Bl. Com. 282.
JUDICIARY. That which is done while administering justice; the judges taken collectively; as, the liberties of the people are secured by a wise and independent judiciary. See Courts; and 3 Story, Const. B. 3, c. 3 8.
JUDICIUM DEI. The judgment11 of God. The English law formerly17 impiously called the judgments on trials by ordeal18, by battle, and the like, the judgments of God.
JUICIO DE CONCURSO. This term is Spanish, and is used in Louisiana. It is the name of an action brought for the purpose of making a distribution of an insolvent19's estate. It differs from all other actions in this important particular, that all the parties to it except the insolvent, are at once plaintiffs and defendant. Each creditor20 is plaintiff against the failing debtor21, to recover the amount due by him, and against the co-creditors22, to diminish the amount they demand from his estate, and each is, of necessity, defendant against the opposition23 made by the other creditors against his demand. From the peculiar24 situation in which the parties are thus placed, many distinct and separate suits arise, and are decided25 during the pendancy of the main one, by the insolvent in which they originate. 4 N. S. 601, 3 Harr. Cond. Lo. R. 409.
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