Legal Term Dictionary

This, in England, is the statutory, as well as the popular, name of a member of a religious society, by themselves denpminated "Friends."

This, in England, is the statutory, as well as the popular, name of a member of a religious society, by themselves denpminated "Friends." Less...

Lat In old English law. A judicial writ, which lay where a man of religion had judgment to recover land before execution was made of the judgment It went forth to the escheator between judgment and execution, to inquire what right the religious person had to recover, or whether the More...

Lat In old English law. A judicial writ, which lay where a man of religion had judgment to recover land before execution was made of the judgment It went forth to the escheator between judgment and execution, to inquire what right the religious person had to recover, or whether the judgment were obtained by the collusion of the parties, to the intent that the lord might not be defrauded. Reg. Jud. 8. Less...

The possession by an individual of the qualities, properties, or circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an office or to perform a public duty or function. Thus, the ownership of a freehold estate may be made the qualification of a More...

The possession by an individual of the qualities, properties, or circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an office or to perform a public duty or function. Thus, the ownership of a freehold estate may be made the qualification of a voter; so the possession of a certain amount of stock in a corporation may be tbe qualification necessary to enable one to serve on its board of directors. Cummings v. Missouri, 4 Wall, 319, 18 L. Ed. 356; People v. Palen, 74 Hun, 289, 26 N. Y. Supp. 225; Hyde v. State, 52 Miss. 665. Qualification for office is "endowment, or accomplishment that fits for an office; having the legal requisites, endowed with qualities suitable for the purpose." State v. Seay, 64 Mo. 89, 27 Am. Rep. 206. Also a modification or limitation of terms or language; usually intended by way of restriction of expressions which, by reason of their generality, would carry a larger meaning than was designed. Less...

Adapted; fitted; entitled; as an elector to vote. Applied to one who has taken the steps to prepare himself for an appointment or office, as by taking oath, giving bond, etc. Pub. St. Mass. p. 1294. Also limited; restricted; confined; modified ; imperfect, or temporary. The term is also applied More...

Adapted; fitted; entitled; as an elector to vote. Applied to one who has taken the steps to prepare himself for an appointment or office, as by taking oath, giving bond, etc. Pub. St. Mass. p. 1294. Also limited; restricted; confined; modified ; imperfect, or temporary. The term is also applied in England to a person who is enabled to hold two benefices at once. -Qualified aceeptanoe. See ACCEPTANCE. . -Qualified elector means a person who is legally qualified to vote, while a 'legal voter" means a qualified elector who does in fact vote. Sanford v. Prentice, 28 Wis. 358.-Qualified fee. See FEE.-Qualified indorsement. See INDORSEMENT.-Qualified oath. See OATH.-* Qualified privilege. In the law of libel and slander, the same as conditional privilege. See PRIVILEGE.-Qualified property. See PROPERTY.-Qualified voter. A person qualified to vote generally. In re House Bill No. 166, 9 Colo. 629, 21 Pac. 473. A person qualified and actually voting.' Carroll County v. Smith, 111 U. S. 565, 4 Sup. Ct. 539, 28 L. Ed. 517. Less...

To make one's self fit or prepared to exercise a right, office, or franchise. To take the steps necessary to prepare one's self for an office or appointment, as by taking oath, giving bond, etc. Pub. St. Mass. p. 1294; Archer v. State, 74 Md. 443, 22 Atl. 8, 28 More...

To make one's self fit or prepared to exercise a right, office, or franchise. To take the steps necessary to prepare one's self for an office or appointment, as by taking oath, giving bond, etc. Pub. St. Mass. p. 1294; Archer v. State, 74 Md. 443, 22 Atl. 8, 28 Am. St. Rep. 261; Hale v. Salter, 25 La. Ann. 324; State v. Albert, 55 Kan. 154, 4f> Pac. 286. Also to limit; to modify; to restrict. Thus, it is said that one section of a statute qualifies another. Qualitas quae inesse debet, facile prav-snmitnr. A quality which ought to form a part Is easily presumed. Less...

In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. tIn pleading, it; means ap attribute or characteristic by which one thing, is distinguished from another. -Quality of estate. The period when, and the manner in which, the More...

In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. tIn pleading, it; means ap attribute or characteristic by which one thing, is distinguished from another. -Quality of estate. The period when, and the manner in which, the right of enjoying an estate is exercised. It is of two kinds: (1) The period when the right of enjoying an estate is conferred upon the owner, whether at present or in future; and (2) the manner in which the owner's right of enjoyment of his estate is to be exercised, whether solely, jointly, in common, or in coparcenary. Wharton. Qnam long-urn debet esse rationabile tempns non definitnr In lego, sed pen* dot en discretione justieiarierum. Co. Litt. 56. How long reasonable time ought to be. Is not defined by law, but depends upon the discretion of the judges. Qnam rationabilis debet esse finis, non definitnr, sed omnibus . oiroumstantiis inapectis pendet en justieiariorum dis* eretione. What a reasonable fine ought to be is not defined, but is left to the discretion of the judges, all the circumstances being considered. 11 Coke, 44.. Less...

Lat As long as; so long as. A word of limitation in old conveyances. Co. litt 235a.

Lat As long as; so long as. A word of limitation in old conveyances. Co. litt 235a. Less...

As long as he shall behave himself well; during good behavior; a clause frequent In letters patent or grants of certain offices, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them, the opposite clause being "durante bene placito" (during More...

As long as he shall behave himself well; during good behavior; a clause frequent In letters patent or grants of certain offices, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them, the opposite clause being "durante bene placito" (during the pleasure of the grantor.) Quam-ris aliquid per se non ait malum, rtamen, si sit mail exempli, non oat faciendum. Although a thing may not be bad in itself, yet, if it is of bad example, it "is not to be done. 2 Inst. 564. . i"Quamvis lex goneraliter loquitur, re-?tringenda tauten est, ut, eeasante ra-tione, ipsa eosaat. Although a law speaks generally, yet it is to be restrained, so that when its reason ceases, 1$ should cease also. "4 Inst 330."Quando abest provisio partis, adept provisio legis. When the provision of the party is wanting, the provision of the law t" at hand 6 Yin. Abr. 4^; 13 Q. B- 96Q, Less...

Lat When they shall come in. The name of a judgment sometimes given against an executor, - especially on a plea of plene administrate which empowers the plaintiff to have the benefit of, assets which may at any time othereafter come to the hands of the executor.? o i Quando More...

Lat When they shall come in. The name of a judgment sometimes given against an executor, - especially on a plea of plene administrate which empowers the plaintiff to have the benefit of, assets which may at any time othereafter come to the hands of the executor.? o i Quando aliquid man^atur, mandatnc et omne per quod poryenitur ad illud. "5 Coke, 116. When anything conunajuded," everything by which it can be accomplished is also commanded. Quando aliquid prohlbetur en direoto, prohlbetur et per obliquum. Co. Litt. 223. When anything is prohibited directly, N it is prohibited also indirectly. Quando aliquid prohlbetur, prohlbetur et omne per quod devenitur ad illud. When anything is prohibited, everything by which it is reached is prohibited also. 2 Inst. 48. That which cannot be done directly shall not be done indirectly. Broom, Max. 489. Quando aliqnis aliquid oonoedit, oon-cedere videtur et id sine quo res nti non potest. When a person grants anything, be is supposed to grant that also without which the thing cannot be used. 8 Kent, Comm. 421. When the use of a thing is granted, everything Is granted by which the grantee may' have and enjoy such use. Id. Quando oharta. eontinet generalem elausulam, posteaquo desoendit ad verba speeialia quse clausula) genorali snnt eonsentanoa, interpretanda est charta secundum verba speeialia. When a deed contains a general clause, and afterwards descends to special words which are agreeable to the general clause, the deed is to be interpreted according to the special words. 8 Coke, 1545. Quando de una et eadem re duo one-rabiles eaistunt, unus, pro insuinoientia alterius, de integro onerabitur. When there are two persons liable for one and the same thing, one of them, in case of default of the other, shall be charged with tbe whole. 2 Inst 277. Quando dispositio referri potest ad duns res ita qnod secundum relationem unam vitietur et secundum alteram utUis sit, turn faeienda est relatio ad illam nt valeat dispositio. 6 Coke, 76. When a disposition may refer to two things, so* that by the former it would be vitiated, and by the latter it would be preserved, then the relation is to be made to the latter, so that the disposition may be valid Quando divorsi desiderantur aotus ad aliquem statum perneiendum, plus respieit lex actum originalem. When different acts are required to the formation of any estate, the law chiefly regards the original act. 10 Coke, 49e. When to the perfection of an estate or interest divers acts or things are requisite, the law has more regard to the original act, for that is the fundamental part on which all the others are founded. Id. Quando jus domini regis et subdttt eoncurrunt, jns regis prseferri debet. 9 Coke, 129. When the right of king and of subject concur, the king's right should be preferred. Quando lex aliquid alieui oonoedit, eoneodere videtur et id sine quo roe ipsss esse non potest. 5 Coke, 47. When the law gives a man anything, it gives him that also without which the thing itself cannot exist Quando lex aliquid alieui oonoedit, omnia inoidentia tacite conoeduntur. 2 Inst 326w When the law gives anything to any one, all incidents are tacitly given. Quando lex est speeialis, ratio autem generalia, generaliter lex est intelligent* da. When a law is special, but its reason [or object] general, the law is to be understood generally. 2 Inst 83. Quando licet id quod majus, videtur-et lieere id quod minus. Shep. Touch. 429. When the greater is allowed, the less is to be understood as allowed also. Quando mulier nobilis nupserit igno- bill, desinit esse nobilis nisi nobilitaa nativa fuerit. 4 Coke, 118. When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was born with her. Quando plus nt qnam neri debetr videtur etiam illud neri quod faciendum est. When more is done than ought to be done, that at least shall be considered as performed which should have been performed, [as, If a man, having a power to* make a lease for ten years, make one for twenty years, it shall be void only for the surplus.] Broom, Max. 177; 5 Coke, 115; 8 Coke, 85a. Quando quod ago nom valet nt ago, valeat quantum valere potest. When that which I do does not have effect as 1 do it let it have as much effect as it can. Jackson ex dem. Troup v. Blodget, 16 Johns. (N. Y.) 172, 178; Vandervolgen y. Yates, Barb. Ch. (N. Y.) 242, 261. Quando res non valet ut ago, valeat: quantum valere potest. When a thing is of no effect as I do it, it shall have effect as far as [or in whatever way] it can. Cowp-600. Quando verba et mens oongruunt, non est interpretation! locus. When the words and the mind agree, there is no place for interpretation. Quando verba statuti sunt spool alia, ratio autom genoraHs, generaliter statu-tum est intelligendum. When the words. of a statute are special, but the reason or object of it general, the statute Is to be construed generally. 10 Coke, 101b. Less...

Lat. The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value

Lat. The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value Less...