Legal Term Dictionary

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...

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...

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...

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...

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...

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...

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...

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...

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court Quod in Jure sorlpto "jns" appellatur, id in lege Anglia "rectum" esse dieitnr. What In the civil law is called "JIM," in the law of England is More...

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court Quod in Jure sorlpto "jns" appellatur, id in lege Anglia "rectum" esse dieitnr. What In the civil law is called "JIM," in the law of England is said to he "rectum," (right) Co. Litt. 260; Fleta, 1. 6, c. 1, f 1.Quod in minori valet valebit in major!; et qnod in majori non valet noe valebit in minori. Co. Litt 260a. That which is valid in the less shall he valid in the greater; and that which is not valid in the greater shall neither be valid in the less. Quod in uno similium valet valebit in altero. That which is effectual in one of two like things shall be effectual in the other. Co. Litt 191a. Quod inoonsulto fecimus, oonsultius revooemus. Jenk. Cent 116. What we have done without due consideration, upon better consideration we may revoke. Quod initio vitiosum est non potest traetu temporls oonvalesoere. That which is void from the beginning cannot become valid by lapse of time. Dig. 50, 17, 29. Quod ipsis qui eontraxerunt obstat, et sneeossoribus eomm obstabit. That which bars those who have made a contract will bar their successors also. Dig. 50, 17, 143. Less...

Lat In the civil law. The name of an action given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halifax, Civil Law, b. 3, c. 2, no. 3; Inst 4, More...

Lat In the civil law. The name of an action given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halifax, Civil Law, b. 3, c. 2, no. 3; Inst 4, 7, 1. Quod jussu alterius solvitur pro eo est quasi ipai solntnm esset. That which is paid by the order of another is the same as though it were paid to himself. Dig. 50, 17, 180. Quod meum est sine faeto moo vel de-fectu meo amitti vel in ^n"w" transferri non potest. That which is mine cannot be lost or transferred to another without my alienation or forfeiture. Broom, Max. 465. Quod mourn est sine mo auferri non potest. That which is mine cannot be taken away without me, [without my assent] Jenk. Cent. p. 251, case 41. Quod minus est in obligationem videtur doduetum. That which is the less is held to be imported into the contract; (e. p., A offers to hire B.'s house at six hundred dollars, at the same time B. offers to let it for five hundred dollars; the contract is for five hundred dollars.) 1 Story, Cont 481. Quod naturalis ratio inter omnes homines oonstitnit, voeatur jus gentium. That which natural reason has established among all men is called the "law of nations." 1 Bl. Comm. 43; Dig. 1, 1, 9; Inst 1, 2, 1.Quod noeessarie intelligitur non deest. "1 Bulst. 71. That which is necessarily understood Is not wanting." Quod neoessitas eogit. defendit. Hale, P. Cw 54. That which necessity compels, it justifies. Quod non apparet non est; et non ap-paret judleialitor ante judieinm. 2 Inst. 479. That which appears not is not; and nothing appears judicially before judgment Quod non oaplt Ghristus, oaplt nscus. What Christ [the church] does not take the treasury takes. Goods of a fclo de tte go to the king. A maxim in old English law. Yearb. P. 19 Hen. VL L Less...