Legal Definitions - jacens

Jacens is a legal term derived from Latin, meaning "lying," "fallen," or "in abeyance." It describes a state where something, often a right, property, or office, exists but is temporarily inactive, suspended, or without a current holder or claimant. It signifies a period of dormancy or suspension before a definitive status is established.

• Example 1: Corporate Office Vacancy

  Imagine a large corporation whose Chief Executive Officer (CEO) suddenly retires. The board of directors immediately begins a search for a new CEO, a process that is expected to take several months. During this interim period, the office of the CEO is considered jacens. While the position itself is a fundamental part of the company's structure, it is temporarily "lying vacant" or "in abeyance" because there is no individual actively holding that specific role. The responsibilities might be temporarily managed by an interim leader, but the formal office remains suspended until a new CEO is appointed.

• Example 2: Conditional Trust Fund

  Consider a will that establishes a trust fund for a testator's niece, with the condition that she will only gain full access to the funds upon turning 30 years old and successfully completing a master's degree. The niece is currently 25 and pursuing her graduate studies. In this scenario, the niece's full beneficial interest in the trust funds is jacens. Although the trust exists and the money is set aside, her complete right to control and utilize those funds is "lying dormant" or "in abeyance" until she fulfills both the age and educational requirements. The right is present in potential but not yet fully active or vested.

• Example 3: Unimplemented Legal Right

  A new federal law is enacted, granting a specific group of veterans the right to apply for a specialized housing benefit. However, the government agency responsible for administering this benefit has not yet developed the application forms, established the eligibility verification process, or allocated the necessary budget to begin accepting and processing claims. In this situation, the veterans' right to apply for the housing benefit is jacens. The right has been legally created, but it is "lying inactive" or "in abeyance" because the practical mechanisms required to exercise that right have not yet been put into place. The right exists on paper, but its practical implementation is suspended until the administrative framework is established.