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Simple English definitions for legal terms
jus tertii
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A quick definition of jus tertii:
Term: JUS TERTII
Definition: Jus tertii means the right of a third party. It is a legal term that refers to the idea that someone who is not directly involved in a case may have a right to something that is being disputed. For example, if two people are fighting over a piece of land, a third person who has a legal claim to the land may have the right to intervene in the case. Jus tertii is also used to describe the idea that courts should only make decisions about things that are directly relevant to the case at hand, and not get involved in issues that are not directly related.
A more thorough explanation:
Jus tertii (pronounced jəs tər-shē-ī) is a Latin term that refers to the right of a third party.
In a legal case of trespass, the defendant cannot use the jus tertii defense to claim that a third party has the right to possess the property in question. This is because the plaintiff has the fact of possession on their side.
In constitutional law, the doctrine of jus tertii means that courts do not make decisions on issues that are not directly relevant to the case at hand. For instance, if a court is deciding a case about the constitutionality of a law, they will not make a ruling on a separate issue that is not directly related to the case.
These examples illustrate how jus tertii is used in different legal contexts to refer to the rights of third parties and the limitations on court decisions.