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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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QUO MINUS
Lat A writ upon which all proceedings In the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficient existit, by which he is less able to More...

Lat A writ upon which all proceedings In the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficient existit, by which he is less able to pay the king's debt This was originally requisite in order to give jurisdiction to the court of exchequer; but now this suggestion is a mere form. 3 Bl. Comm. 46. Also, a writ which lay for him who had a grant of house-bote and hay-bote in another's woods, against the grantor making such waste as that the grantee could not enjoy his grant Old Nat Brev. 148. .Quo modo quid eoustituitur eodem modo dissolvitur. Jenk. Cent. 74. In the same manner by which anything is constituted by that it is dissolved. Less...
QUO WARRANTO
In old English practice. A writ in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim. In order to determine the right It lay also in case of non-user, More...

In old English practice. A writ in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim. In order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it, or having forfeited it by neglect or abuse. 3 BL Comm. 262. In England, and quite generally throughout the United States, this writ has given place to an "Information in the nature of a quo warranto," which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a corporate or other franchise, or to a public or corporate office See Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct 437, 28 L. Ed. 482; People v. Londoner, 13 Colo. 303, 22 Pac. 764, 6 L. R, A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Fla. 190; State v. Kearn, 17 R. I. 391, 22 Aa 1018. Less...
QUOAD HOC
Lat As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad More...

Lat As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad these matters issued, i. e.t as to such matters the party was prohibited from prosecuting his suit in the ecclesiastical court Brown. Less...
QUOAD SACRA
Lat As to sacred things; for religious purposes. Quooumque modo velit; quoeumque modo possit. In any way he wishes; In any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492. Quod a quoque poena) nomine exaotum est id eldem restituere nemo eogitur. That which has been exacted More...

Lat As to sacred things; for religious purposes. Quooumque modo velit; quoeumque modo possit. In any way he wishes; In any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492. Quod a quoque poena) nomine exaotum est id eldem restituere nemo eogitur. That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46. Quod ab initio non valet in traetu temporis non eonvaleseet. That which is bad in its commencement improves not by lapse of time. Broom, Max. 178; 4 Coke, 2. Quod ad jus naturale attlnet omnes homines ssquales sunt. All men are equal as far as the natural law is concerned. Dig. 50, 17, 32. Quod ssdineatur in area legata eedit legato. Whatever is built on ground given by will goes to the legatee. Broom, Max. 424. Quod alias bonum ot justum est, si per ?im vol fraudem petatur, malum et in-jnstum efflcitur. 3 Coke, 78. What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust. Quod alias non fnit licitum, neoessitas licitnm faoit. What otherwise was not lawful, necessity makes lawful. Fleta, lib, 6, c. 23, f 14. Quod approbo non reprobo. What I approve I do not reject I cannot approve and reject at the same time, 1 cannot take the benefit of an instrument, and at the same time repudiate it Broom, Max. 712. Quod attinet ad jus civile, servi pro nnllis habentur, non tamen et jure naturali, quia, quod ad jus naturale attinet, omnes homines oequali sunt. So far as the civil law Is concerned, slaves are not reckoned as persons, but not so by natural law, for, so far as regards natural law, all men are equal. Dig. 50, 17, 32. Less...
QUOD BILLA CASSETUR
That the bill be quashed. The coinnion-law form of a judgment sustaining a plea in abatement, where the proceeding is by bill, i. e., by a capias instead of by original writ.

That the bill be quashed. The coinnion-law form of a judgment sustaining a plea in abatement, where the proceeding is by bill, i. e., by a capias instead of by original writ. Less...
QUOD CLERICI BENEFICIATI DE CANCELLARIA
A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament etc. Beg. Orig. 261.

A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament etc. Beg. Orig. 261. Less...
QUOD CLERICI NON ELIGANTUR IN OFFICIO BALLIVI, ETC
A writ which lay for a clerk, who, by reason of some land he had, was made, or was about to be made, bailiff, beadle, reeve, or some such officer, to obtain exemption from serving the office. Reg. Orig. 187.

A writ which lay for a clerk, who, by reason of some land he had, was made, or was about to be made, bailiff, beadle, reeve, or some such officer, to obtain exemption from serving the office. Reg. Orig. 187. Less...
QUOD COMPUTET
That he account Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditors' bills against an executor or administrator,) directing that accounts be taken before a master or auditor. Quod constat clare non debet verin-eari. What is clearly apparent More...

That he account Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditors' bills against an executor or administrator,) directing that accounts be taken before a master or auditor. Quod constat clare non debet verin-eari. What is clearly apparent need not be proved. 10 Mod. 150. Quod constat curias opere testium non indiget. That which appears to the court needs not the aid of witnesses. 2 Inst 662. Quod oontra legem fit pro infeeto habe-tur. That which Is done against law is regarded as not done at all. 4 Coke, 31a. Quod oontra rationem juris roceptum est, non est producendum ad consequential. That which has been received against the reason of the law is not to be drawn into a precedent Dig. 1, 3, 14. Less...
QUOD CUM
In pleading. For that whereas. A form of introducing matter of inducement in certain actions, as assumpsit and case. Quod datum est ecolesisB, datum est Deo. 2 Inst 2. What is given to the church is given to God. Quod demonstrandi oausa additur rei satis, demonstrate, frustra nt. 10 Coke, More...

In pleading. For that whereas. A form of introducing matter of inducement in certain actions, as assumpsit and case. Quod datum est ecolesisB, datum est Deo. 2 Inst 2. What is given to the church is given to God. Quod demonstrandi oausa additur rei satis, demonstrate, frustra nt. 10 Coke, 113. What is added to a thing sufficiently palpable, for the purpose of demonstration, is vain. Quod dubitas, no feceris. What you doubt of, do not do. In a case of moment especially in cases of life, it is safest to hold that in practice which hath least doubt and danger. 1 Hale, P. C. 300. Less...
QUOD EI DEFORCEAT
In English law. The name of a writ given by St Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them More...

In English law. The name of a writ given by St Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them through their default or nonappearance in a possessory action, by which the right was restored to him who had been thus unwarily deforced by his own default 3 BL Comm. 193. Quod est en necessitate nnnqnam introducitur, nisi quando nooossarium. 2 Rolle, 502. That which is of necessity ia never introduced, unless when necessary. Quod est inoonveniens aut oontra rationem non permissum est in logo. Co. Litt 178a. That which is Inconvenient or against reason is not permissible in law. Quod est neeessarium est licitum. What is necessary is lawfuL Jenk. Cent p. 76, case 45. Quod factum est, cum in obscuro sit, en affectione cujusque capit interpreta-tionem. When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, L Quod neri debet facile prasumltur. Halk. 153. That which ought to be done is easily presumed. Quod neri non debet, factum valet. That which ought not to be done, when done, Is valid. Broom, Max. 182. Less...

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