Jactitation

Jactitation

Legal Jactitation

Jactitation (from Lat. "jactitare", to throw out publicly), in English law, is the maliciously boasting or giving out by one party that he or she is married to the other.

In such a case, in order to prevent the common repudiation of their marriage that might ensue, the procedure is by suit of jactitation of marriage, in which the petitioner alleges that the respondent boasts that he or she is married to the petitioner, and prays a declaration of nullity and a decree putting the respondent to perpetual silence thereafter. To the suit there are three defences: (1) denial of the boasting; (2) the truth of the representations; (3) allegation (by way of estoppel) that the petitioner acquiesced in the boasting of the respondent. In Thompson v. Rourke, 1893, Prob. 70, the court of appeal laid down that the court will not make a decree in a jactitation suit in favor of a petitioner who has at any time acquiesced in the assertion of the respondent that they were actually married.

Prior to 1857 such a proceeding took place only in the ecclesiastical courts, but by express terms of the Matrimonial Causes Act of that year it could be brought in the probate, divorce and admiralty division of the High Court. The right to petition for jactitation of marriage was abolished by section 61 of the Family Law Act 1986.

In addition, this term may refer to acts such as slander of title or other similar misrepresentations of the ownership of physical or intellectual property.

Physical Jactitation

Jactitation is an archaic medical term (derived, perhaps as a corruption, from "jactation," meaning a restless tossing and turning of the body, and derived itself from Lat. "jactare" or "jacere", both meaning "to throw or hurl") referring to the involuntary spasm of a limb, muscle, or muscle group. This is sometimes seen in fever patients or other situations of physical distress, but may occur in healthy individuals in a hypnogogic state. This hypnagogic jactitation often occurs in the legs, and may occasion a short explanatory dream about stumbling or missing the bottom stair.


Wikimedia Foundation. 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • jactitation — index jactation, rodomontade Burton s Legal Thesaurus. William C. Burton. 2006 jactitation …   Law dictionary

  • Jactitation — Jac ti*ta tion, n. [L. jactitare to utter in public, from jactare. See {Jactancy}.] [1913 Webster] 1. (Law) Vain boasting or assertions repeated to the prejudice of another s right; false claim. Mozley & W. [1913 Webster] 2. (Med.) A frequent… …   The Collaborative International Dictionary of English

  • jactitation — [jak΄ti tā′shən] n. [ML jactitatio < L jactitare, to utter, tell in public < jactare, to throw: see JET1] 1. the act of bragging 2. Law a false boast or false statement that causes harm to another person 3. Med. restless tossing or jerking… …   English World dictionary

  • jactitation — /jaektateyshan/ Boasting of something which is challenged by another. A false boasting; a false claim; assertions repeated to the prejudice of another s right. The species of defamation or disparagement of another s title to real estate known at… …   Black's law dictionary

  • jactitation — /jaektateyshan/ Boasting of something which is challenged by another. A false boasting; a false claim; assertions repeated to the prejudice of another s right. The species of defamation or disparagement of another s title to real estate known at… …   Black's law dictionary

  • jactitation — noun Etymology: Late Latin jactitation , jactitatio, from jactitare, frequentative of Latin jactare to throw more at jet Date: 1665 a tossing to and fro or jerking and twitching of the body …   New Collegiate Dictionary

  • jactitation — /jak ti tay sheuhn/, n. 1. Law. a false boast or claim that causes injury to another. 2. Pathol. jactation (def. 2). [1625 35; < ML jactitation (s. of jactitatio) tossing, equiv. to L jactitat(us) (ptp. of jactitare, freq. of jactare to throw… …   Universalium

  • jactitation —   n. jactation; false claim.    ♦ jactitation of marriage, false claim to be married to a person …   Dictionary of difficult words

  • Jactitation of marriage — Jactitation Jac ti*ta tion, n. [L. jactitare to utter in public, from jactare. See {Jactancy}.] [1913 Webster] 1. (Law) Vain boasting or assertions repeated to the prejudice of another s right; false claim. Mozley & W. [1913 Webster] 2. (Med.) A… …   The Collaborative International Dictionary of English

  • jactitation of marriage — noun see jactitation 1b * * * jactitation of marriage (law) Malicious pretence of being married to another person. • • • Main Entry: ↑jactitation * * * archaic false declaration that one is married to a specified person Origin: jactitation in the …   Useful english dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”