Legal Term Dictionary

A method of criminal examination heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by means of the rack or other engines, in order to- extort from him, as the condition of his release from the torture, a More...

A method of criminal examination heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by means of the rack or other engines, in order to- extort from him, as the condition of his release from the torture, a confession of his own guilt or the names of his accomplices. In evidence. An interrogation put to a witness, for the purpose of having him declare the truth of certain facts as far as he knows them. In practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury. -Categorioal question. One inviting a distinct and positive statement of fact; one which can be answered by "yes" or "no." In the plural, a series of questions, covering a particular subject-matter, arranged in a systematic and consecutive order.-Federal question. See FEDERAL.-Leading question. See that title. -Hypothetical question. See that title-Political question. See POLITICAL. Less...

In old English law. A starter of lawsuits, or prosecutions; also a person chosen to inquire Into abuses, especially such as relate to weights and measures; also a church-warden.

In old English law. A starter of lawsuits, or prosecutions; also a person chosen to inquire Into abuses, especially such as relate to weights and measures; also a church-warden. Less...

Lat In Roman law. Certain officers, two in number, who were deputed by the comitia, as a kind of commission, to search out and try all cases of parricide and murder. They were proba-. bly appointed annually. Maine, Anc. Law, 370.

Lat In Roman law. Certain officers, two in number, who were deputed by the comitia, as a kind of commission, to search out and try all cases of parricide and murder. They were proba-. bly appointed annually. Maine, Anc. Law, 370. Less...

Lat A writ of nuisance, which, by 15 fcdw. I., lay against him to whom a house or other thing that caused a nuisance descended or was alienated ; whereas, before that statute the action lay only against him who first levied or caused the nuisance to the damage of More...

Lat A writ of nuisance, which, by 15 fcdw. I., lay against him to whom a house or other thing that caused a nuisance descended or was alienated ; whereas, before that statute the action lay only against him who first levied or caused the nuisance to the damage of his neighbor. Cowell. Qui abjurat regnum amittit regnum, sed non regem; patriam, sed nbn patrem patriae. 7 Coke, 9. He who abjures the realm leaves the realm, but not the king; the country, but not the father of the country. Qui aecusat Integra fames ait, et non criminosns. Let him who accuses be of clear fame, and not criminal. 3 Inst. 26. Qui acquirit sibi acquirit bnredibua. He who acquires for himself acquires for his heirs. Tray. Lat Max. 496. Qui adimit medium dlrimit nnom. He who takes away the mean destroys the end. Co. Litt 161a. He that deprives a man ol the mean by which he ought to come to a thing deprives him of the thing itself. Id; Litt | 237. Qui aliquid statuerit, parte inaudita altera sequum licet dizorit, baud wquum fooerit. He who determines any matter without hearing both sides, though he may have decided right, has not done justice. 6 Coke, 52a; 4 BL Comm. 283. Qui alterius jure utitur, eodem jura uti debet. He who uses the right of another ought to use the same right Poth. Tralte De Change, pt. i, c. 4, ? 114; Broom, Max. 473. Qui approbat non reprobat. He who approbates does not reprobate, [i. c, he cannot both accept and reject the same thing.] Qui bene distinguit bene dooet. 2 Inst 470. He who distinguishes well teaches well. Qui bene interrogat bene dooet. He who questions well teaches well. 3 Bulst 227. Information or express averment may be effectually conveyed in the way of interrogation. Id. Qui cadit a syllaba cadit a tota causa. He who falls in a syllable fails in his whole cause. Bract fol. 211. Qui oonoedit aliquid, oonoodere videtur et id sine quo coneossio ost irrita, sine quo res ipsa esse non potuit. 11 Coke, 52. He who concedes anything is considered as conceding that without which his concession would be void, without which the thing Itself could not exist. Qui oonoedit aliquid coneedit omne id sine quo ooncossio est irrita. He who grants anything grants everything without which the grant is fruitless. Jenk. Cent p. 32, case 63. Qui connrmat nibil dat. He who confirms does not give. 2 Bouv. Inst no. 2069. Qui oontemnit praceptum oontomnit praeeipientem. He who contemns [contemptuously treats] a command contemns the party who gives it. 12 Coke, 97. Qui onm alio eontrahit, vel est, vel esse debet non ignarus condition!* ejus. He who contracts with another either is or ought to be not ignorant of his condition. Dig. 50, 17, 19; Story, Confl. Laws, f 7a Qui dat fluent, dat media ad flnem neo-essaria. He who gives an end gives the means to that end. Commonwealth v. Andrews, 3 Mass. 129. Qui des trait medium destruit fiuem. He who destroys the mean destroys the end. 10 Coke, 51ft; Co. Litt. 161a; Shep. Touch, 342. Qui doit inheritor al pere dolt inher-iter al nt*. He who would have been heir to the father shall be heir to the son. 2 BL Comm. 223; Broom, Max. 517. Qui evertit eausam, evertit eausatum futurum. He who overthrows the cause overthrows its future effects. 10 Coke, 51. Qui ea damnato ooitu naseuutur into* llberos non eomputentur. Those who are born of an unlawful intercourse are not reckoned among the children. Co. Litt 8a; Broom, Max. 519. Qui faoit per alium faeit per se. He who acts through another acts himself, [I. e., the acts of an agent are the acts of the principal.] Broom, Max. 818, et seq.; 1 BL Comm. 429; Story, Ag. f 440. Qui habet j urisdietionem absolvendi, habet jurisdiotionem ligandi. He who has jurisdiction to loosen, has jurisdiction to bind. 12 Coke, 60. Applied to writs of prohibition and consultation, as resting on a similar foundation. Id. Qui hssret in litera hsaret in eortiee. He who considers merely the letter of an instrument goes but skin deep into its meaning, Ca Litt 289; Broom, Max. 685. Qui ignorat quantum solvere debeat, non potest improbus videre. He who does not know what he ought to pay, does not want probity in not paying. Dig. 50, 17, 99. Qui in jus dominiunvve alterius suo-eedit jure ejus uti debet. He who succeeds to the right or property of another ought to use his right, [i. e., holds it subject to the same rights and liabilities as attached to it in the hands of the assignor.] Dig. 50, 17, 177; Broom, Max. 473, 478. Qui in utero est pro jam nato habe-tur, quoties de ejus commotio quseritur. He who is in the womb is held as already born, whenever a question arises for his benefit Qui jure suo utitur, nemini faoit inju-riam. He who uses his legal rights harms no one. Carson v. Western R. Co., 8 Gray (Mass.) 424. See Broom, Max. 379. Qui jussu judicis aliqnod fecerlt non Tidetur dolo malo fecisse, quia pare re necesso est. Where a person does an act by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden duty to obey. 10 Coke, 76; Broom, Max. 93. Qui male agit odit lucem. He who acts badly hates the light 7 Coke, 66. Qui mandat ipse fecissi videtur. He who commands [a thing to be done] is held to have done it himself. Story, Bailm. f 147. Qui melius probat melius habet. He who proves most recovers most. 9 Vin. Abr. 235. "Qui molitur in patriam id fa-"eit quod insanus nauta perforans navem in qua vehitur. He who betrays his country is like the insane sailor who bores a hole in the ship which carries him. 3 Inst 36 Qui non cadunt in oonstantem virum rani timores sunt mstimandi. 7 Coke, 27. Those fears are to be esteemed vain which do not affect a firm man. Qui non habet, Ule non dat. He who has not, gives not He who has nothing to give, gives nothing. A person cannot convey a right that is not in him. If a man grant that which is not his, the grant is void. Shep. Touch'. 243; Watk. Conv. 191. Qui non habet in aire, luat in corpore, no quis peccetur impune. He who cannot pay with his purse must suffer in his person, lest he who offends should go unpunished. 2 Inst 173; 4 Bl. Comm. 20. Qui non habet potestatem . alien audi habet necessitatom retinendi. Hob. 336> He who has not the power of alienating la obliged to retain. Qui non improbat, approbat. 3 Inst 27. He who does not blame, approves. Qui non Ubere veritatem pronunciat proditor est Toritatis. He who does not freely speak the truth is a betrayer of the truth. Qui non negat fatetur. He who does not deny, admits. A well-known rule of pleading. Tray. Lat. Max. 503. Qui non obstat quod obstare potest, facere Tidetur. He who does not prevent [a thing] which he can prevent is considered to do [as doing] it 2 Inst 146. Qui non prohibet id quod prohibere potest assentire Tidetur. 2 Inst. 308. He who does not forbid what he is able to prevent, is considered to assent Qui mm propulsat injuriam quando potest, lnfert. Jenk. Cent. 271. He who does not repel an injury when he can, induces it. Qui obstnalt aditum, destruit com-modus. He who obstructs a way, passage, or entrance destroys a benefit or convenience. Co. Litt. 161a. He who prevents another from entering upon land destroys the benefit which he has from it Id. Qui omme dioit nihil cxclndit. 4 Inst 81. He who says all excludes nothing. Qui pardt nooentibus innoeentes pun-it. Jenk. Cent 133. He who spares the guilty punishes the innocent Qui peeoat cbrlus luat sobrius. He who sins when drunk shall be punished when sober. Cary, 133; Broom, Max. 17. Qui per alium faoit per seipsum facere Tidetur. He who does a thing by an agent is considered as doing it himself. Co. Litt 258; Broom, Max. 817. Qui per fraudem agit frustra agit. 2 Rolle, 17. What a man does fraudulently he does in vain. Qui potest et debet Tetare, jnbet. He who can and ought to forbid a thing [if he do not forbid it] directs it 2 Kent Comm. 483, note. Qui primum peeoat ille faoit rinam. Godb. He who sins flrst makes the strife. Qui prior est tempore potior est jure. He who is before in time is the better in right Priority in time gives preference in law. Co. Litt 14a; 4 Coke, 90a. A maxim of very extensive application, both at law and in equity. Broom, Max. 353-362; 1 Story, Eq. Jur. { 64d; Story, Bailm. | 312. Qui pro me aliquid faoit nihl fooisse Tidetur. 2 Inst 501. He who does anything for me appears to do it to me. Qui providet sibi proridet hsorodibus. He who provides for himself provides for his heirs. Qui rationem in omnibus quadrant rationem snbrertunt. They who seek a reason for everything subvert reason. 2 Coke, 75; Broom, Max. 157. Qui scions solvit indebitum donandi eonailio id Tidetur feolsso. One who knowingly pays what Is not due is supposed to have done it with the intention of making a gift Walker v. Hill, 17 Mass. 38a Qui sosaol actionem renunciaverit am-p'lus ropetero non potest. He who has once relinquished his action cannot bring it again. 8 Coke, 59a. A rule descriptive of the effect of a retraxit and nolle prosequi. Qui semel est mains, semper prsssu-mitur esse mains in eodem genere. He who Is once criminal Is presumed to be always criminal in the same kind or way. Cro. Car. 317; Best, Ev. 345. Qui sentit oommodum sentire debet ot onus. He who receives the advantage ought also to suffer the burden. 1 Coke, 99; Broom, Max. 706-713. Qui sentit onus sentire debet ot oommodum. 1 Coke, 99a. He who bears the burden of a thing ought also to experience the advantage arising from it Qui tacet, consentire Tidetur. He who is silent is supposed to consent The silence of a party implies his consent Jenk. Cent p. 32, case 64; Broom, Max. 138, 787. Qui taect consentire videtur, ubi tree* tatur do ejus oommodo. 9 Mod. 38. He who is silent is considered as assenting, when his interest is at stake. Qui tacet non utique fatetur, sed tarn en verum est cum non negaro. He who is silent does not indeed confess, but yet it is true that he does not deny. Dig. 50, 17, 142. Less...

Lat "Who as well". An action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring More...

Lat "Who as well". An action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other Institution, is called a "qui tam action;" because the plaintiff states that he sues as well for the state as for himself. See In re Barker, 56 Vt 14; Grover v. Morris, 73 N. Y. 478. Qui tar dins solvit, minus solvit. He who pays more tardily [than he ought] pays less [than he ought] Jenk. Cent 58. Qui timent, carent vitant. They who fear, take care and avoid. Branch, Princ Qui totum dioit nihil encipit. He who says all excepts nothing. Qui Tult deeipi, deeipiatur. Let him who wishes to be deceived, be deceived. Broom, Max. 782, note; 1 De Gex, M. & G. 687, 710; Shep. Touch. 56. Less...

Lat Because; whereas; inasmuch as.

Lat Because; whereas; inasmuch as. Less...

Because it is given to us to understand Formal words in old writs,

Because it is given to us to understand Formal words in old writs, Less...

"Because the purchasers" The title of the statute of Westm. S" (18 Edw. I. c 1.) This statute took from the tenants of common lords the feudal liberty they claimed of disposing of part of their lands to hold of themselves, and, instead of it, gave them a general liberty More...

"Because the purchasers" The title of the statute of Westm. S" (18 Edw. I. c 1.) This statute took from the tenants of common lords the feudal liberty they claimed of disposing of part of their lands to hold of themselves, and, instead of it, gave them a general liberty to sell all or any part, to hold of the next superior lord, which they could not have done before without consent The effect of this statute was twofold: a) To facilitate the alienation of fee-simple estates; and (2) to put an end to the creation of any new manors, i. e., tenancies in fee-simple of a subject Brown. Less...

Because it issued erroneously, or through mistake. A term in old English practice. Tel. 83.

Because it issued erroneously, or through mistake. A term in old English practice. Tel. 83. Less...

Lat Because he fears or apprehends. In equity practice. The technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story, Eq. Jur. f 826.

Lat Because he fears or apprehends. In equity practice. The technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story, Eq. Jur. f 826. Less...