Legal Term Dictionary

Lat. In the civil law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst 4, 14, 3; 3 BL Comm. 310. Qnss ab hostibns capiuntur, statlm ca-pientinm Hunt. 2 Burrows, 693. Things which are More...

Lat. In the civil law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst 4, 14, 3; 3 BL Comm. 310. Qnss ab hostibns capiuntur, statlm ca-pientinm Hunt. 2 Burrows, 693. Things which are taken from enemies immediately become the property of the captors. Qnss ab initio inntilis fnit institute, en post faeto oonvalesoere non potest. An institution which was at the beginning of no use or force cannot acquire force from after matter. Dig. 50, 17, 210. Qua ab initio non Talent, en post faeto oonvalesoere non possnnt. Things invalid from the beginning cannot be made valid by subsequent act. Tray. Lat Max. 482. Qnss aoeessionnm loonm obtinent, ea> tingunntur earn prinoipales res peremp-ts" fnerint. Things which hold the place of accessories are extinguished when the principal things are destroyed. 2 Poth. Obi. 202; Broom, Max. 496. Quae ad una Amen loquuta sunt, mom debent ad alinm detorqueri. 4 Coke, 14. Those words which are spoken to one end ought not to he perverted to another. Qua eoharent persona? a persona sonar ari neqnennt. Things which cohere to, or are closely connected with, the person, cannot he separated from the person. Jenk. Cent p. 28, case 33. Qua eommnni lege derogant striete imterpretantnr. [Statutes] which derogate from the common law are strictly interpreted. Jenk. Cent p. 221, case 72. Qua contra rationem juris introduota sunt, non debent trahi in oonsequen-tiam. 12 Coke, 75. Things introduced contrary to the reason of law ought not to be drawn Into a precedent. Qua; dubitationis causa to lien da in-seruntur eommunem legem mom ladunt. Co. Litt 205. Things which are inserted for tbe purpose of removing doubt hurt not the common law. Quae dubitationis toUenda causa oon-traotibus inseruntur, jns commune nom lasdnnt. Particular clauses inserted in agreements to avoid doubts and ambiguity do not prejudice the general law. Dig. 50, 17, 81. Less...

Lat Which is the same. Words used for alleging that the trespass or other fact mentioned in the plea is the same as that laid in the declaration, where, from the circumstances, there is an apparent difference between the two. 1 Chit PI. 582. Qnss In ouria regis acta snnt More...

Lat Which is the same. Words used for alleging that the trespass or other fact mentioned in the plea is the same as that laid in the declaration, where, from the circumstances, there is an apparent difference between the two. 1 Chit PI. 582. Qnss In ouria regis acta snnt rite agi prasumuntur. 3 Bulst. 43. Things done in the king's court are presumed to be rightly done. Qua in partes dividi neqnennt solida a singulis prastantur. 6 Coke, 1. Services which are incapable of division are to be performed in whole by each individual. Qua In tostamento ita snnt scripta nt intelligi non possint, perinde sunt ao si soripta non essent. Things which are so written in a will that they cannot be understood, are the same as if they had not been written at all. Dig. 50, 17, 73, 3. Quse incontinent! Hunt inesse vidon-tur. Things which are done incontinently [or simultaneously with an act] are supposed to be inherent [in it; to be a constituent part of it] Co. Litt. 236b. Qua inter alios acta snnt nemini no-cere debent, sed prodosse nossunt. 6 Coke, 1. Transactions between strangers ought to hurt no man, but may benefit Qnss legi eommnni derogant mom sunt trahenda in ezemplnm. Things derogatory to the common law are not to be drawn o into precedent Branch, Princ. Qua legi eommnni derogant striote in-terpretantur. Jenk. Cent 20. Those things which are derogatory to the common law are to be strictly interpreted. Qnss mala sunt inohoata ia principle viz bono peraguntur eaitu. 4 Coke, 2. Things bad in principle at the commencement seldom achieve a good end Less...

Lat. Which [does or requires] nothing in vain. Which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53. Qnss non neri dobent, facta Talent. Things which ought not to be done are held valid when they have been done Tray. Lat Max. 484. Qnss non More...

Lat. Which [does or requires] nothing in vain. Which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53. Qnss non neri dobent, facta Talent. Things which ought not to be done are held valid when they have been done Tray. Lat Max. 484. Qnss non valeant singula, juncta ju-Tant. Things which do not avail when separate, when joined avail. 3 Bulst' 132; Broom, Max. 588. Less...

Lat. In old English practice. A writ which lay where an Inquisition had been made by an escheator in any county of such lands or tenements as any man died seised of, and all that was in his possession was imagined not to be found by the office; the writ More...

Lat. In old English practice. A writ which lay where an Inquisition had been made by an escheator in any county of such lands or tenements as any man died seised of, and all that was in his possession was imagined not to be found by the office; the writ commanding the escheator to inquire what more (quw plura) lands and tenements the party held on the day when he died, etc Fitzh. Nat. Brev. 255o; Cowell. Less...

A query; question; doubt This word, occurring in the syllabus of a reported case or elsewhere, shows that a question is propounded as to what follows, or that the particular rule, decision, or statement Is considered as open to question. Quare de dubiis, quia per rationes pervenitur ad legitlmam rationem. More...

A query; question; doubt This word, occurring in the syllabus of a reported case or elsewhere, shows that a question is propounded as to what follows, or that the particular rule, decision, or statement Is considered as open to question. Quare de dubiis, quia per rationes pervenitur ad legitlmam rationem. Inquire into doubtful points, because by reasoning we arrive at legal reason. Litt. f 377. Less...

Lat. A plaintiff; the plaintiff.

Lat. A plaintiff; the plaintiff. Less...

The plaintiff shall take nothing by his bill. A form of judgment for the defendant Latch, 133.

The plaintiff shall take nothing by his bill. A form of judgment for the defendant Latch, 133. Less...

Lat. The plaintiff did not find a pledge. A return1 formerly made by a sheriff to a writ requiring him to take security of the plaintiff to prosecute his claim. Cowell. Quarere dat ampere qua snnt logitima ere. Litt. 443. To inquire into them, is the way to know what More...

Lat. The plaintiff did not find a pledge. A return1 formerly made by a sheriff to a writ requiring him to take security of the plaintiff to prosecute his claim. Cowell. Quarere dat ampere qua snnt logitima ere. Litt. 443. To inquire into them, is the way to know what 'things are truly lawful. Less...

An indulgence or remission of penance, sold by the pope.

An indulgence or remission of penance, sold by the pope. Less...

In Roman law. Anciently a species of commission granted by the comitia to one or more persons for the purpose of inquiring into some crime or public offense and reporting thereon. In later times, the qucestio came to exercise plenary criminal jurisdiction, even to pronouncing sentence, and then was appointed More...

In Roman law. Anciently a species of commission granted by the comitia to one or more persons for the purpose of inquiring into some crime or public offense and reporting thereon. In later times, the qucestio came to exercise plenary criminal jurisdiction, even to pronouncing sentence, and then was appointed periodically, and eventually became a permanent commission or regular criminal tribunal, and was then called "quastio perpetual 8ee Maine, Anc. Law, 369-372. In medieval law. The question; the torture; inquiry or inquisition by inflicting the torture. -Cadit quastio. The question falls; the discussion ends; there is no room for further argument-Quastio vexata. A vexed question or mooted point; a question often agitated or discussed but not determined; a question or point which has been differently decided, and to left doubtful. Less...