Also known as: non-juridicus · nonjuridicus · non-juridical · nonjudicial
Written by attorneys · grounded in primary & secondary sources — see below
A Latin adjective describing a proceeding conducted outside the judicial system. It applies to processes such as foreclosure conducted under a power-of-sale clause in a mortgage or deed of trust pursuant to statute rather than court order.
Nolan Nunez defaulted on a mortgage held by Nightingale Healthcare. The lender invoked the power-of-sale clause in the deed of trust and directed the trustee to sell the property without filing suit. Because the sale proceeded under the mortgage terms and state statute rather than court order, the process qualified as non juridicus.
Naveen Nanda and other voters sued state officials over legislative district lines that diluted their votes. The defendants argued the claim raised a political question. The court rejected the argument because population-equality standards supplied a judicially manageable rule, rendering the dispute justiciable rather than non juridicus.
Select any source to read its text and confirm it supports the definition.
Nancy Nelson missed payments on a home loan. The creditor sent the required default notice and waited the statutory period before commencing a trustee sale. Because every precondition in the mortgage and statute had been satisfied, the creditor could begin the non juridicus foreclosure.
Nadia Novak, an immigrant facing deportation, challenged a one-house veto provision that overrode an administrative suspension of removal. The Court held that the veto mechanism violated separation of powers because it allowed Congress to act in a non juridicus manner outside the constitutional lawmaking process.
Nalini Narula delivered a speech in an auditorium that provoked audience unrest. City police arrested her for disorderly conduct. The Court reversed the conviction because the statute punished protected speech rather than regulating non juridicus conduct that created an immediate threat to public order.
Noreen Nguyen won a congressional election but the House refused to seat her. She sued for her seat and back pay. The Court held the dispute justiciable because the House's action did not present a non juridicus political question committed exclusively to another branch.
It describes a foreclosure conducted by a trustee under a power-of-sale clause rather than through court proceedings. The mortgage or statute controls the steps, and the process terminates the equity of redemption without judicial involvement.
A case presents a nonjusticiable political question when one of the six Baker factors is present, such as a textually demonstrable commitment to another branch or a lack of judicially manageable standards. When none of the factors applies, the dispute remains justiciable rather than non juridicus.
A creditor may begin the process only after default and after satisfying every condition required by the mortgage and by law. The notice must identify the creditor and any authorized person conducting the sale.
Yes. The adjective identifies days such as Sundays when courts do not sit and legal proceedings cannot be conducted.
…for the decisions of cases or controversies properly before it. The Court has held that executive or administrative duties of a nonjudicial nature may not be imposed on judges holding office under Art. III of the Constitution. United States v. Ferreira , 13 How. 40 (1852); Hayburn's Case , 2 Dall. 409 (1792). The Court has…