Jurata

Legal Definition and Related Resources of Jurata

Meaning of Jurata

(Lat.) In old English law. A jury of twelve men sworn. Especially, a jury of the common law, as distinguished from the assiza, or jury established or reestablished by St. Hen. II. The jurata, or common-law jury, was a jury called in to try the cause, upon the prayer of the parties themselves, in cases where a jury was not given by St. Hen. II., and, as the jury was not given under the statute of Henry II., the writ of attaint provided in that statute would not be against a jurata for false verdict. It was common for the parties to a cause to request that the cause might be decided by the assiza, sitting as a jurata, in order to save trouble of summoning a new jury, in which case “oadit assiza et vertitur in juratam,” and the cause is said to be decided non in modum assizae, but in modum juratae. 1 Reeve, Hist. Eng. Law, 335, 336; Glanv. lib. 13, c. 20; Bracton, lib. 3, c. 30. But this distinction has been long obsolete. Juratae were divided into: First, jurata dilatoria, which inquires out offenses against the law, and presents the offenders’ names, together with their offenses, to the judge, and which is of two kinds, major and minor, according to the extent of its jurisdiction; second, jurata judicaria, which gives verdict as to the matter of fact in issue, and is of two kinds, civilis, in civil causes, and criminalis, in criminal causes. Du Cange. A clause in nisi prius record called the “jury clause,” so named from the word jurata, with which its Latin form begins. A jurat.

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This definition of Jurata is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Jurata”

Traditional meaning of jurata in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) A jury.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Jurata”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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