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QUIA TIMET
quia timet (kwI-<<schwa>> tI-m<<schwa>>t orkwee-<<schwa>> tim-et). [Latin “because he fears”] A legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest. [Cases: Equity 17. C.J.S. Equity § 55.] “A second class of cases where equity courts act to prevent injury are known as ‘quia timet’…
Read MoreQUIA SUCCEDUNT IN UNIVERSUM JUS QUOD DEFUNCTUS HABUIT
quia succedunt in universum jus quod defunctus habuit (kwI-<<schwa>> orkwee-<< schwa>> s<<schwa>>k-see-d<<schwa>>nt in yoo-ni-v<<schwa>>r-s<<schwa>>m j<< schwa>>s kwod di-f<<schwa>>ngk-t<<schwa>>s hab-yoo-it). [Latin] Roman & Scots law. Because they succeed to every right that the decedent had. • The phrase appeared in reference to the position of heirs-at-law. [Blacks Law 8th]
Read MoreQUIA ITA LEX SCRIPTA EST
quia ita lex scripta est (kwI-<<schwa>> orkwee-<<schwa>> I-t<<schwa>> leks skrip-t<<schwa>> est). [Latin “because the law is so written”] Hist. Because that is the text of the statute. [Blacks Law 8th]
Read MoreQUIA ERRONICE EMANAVIT
quia erronice emanavit (kwI-<<schwa>> i-roh-n<<schwa>>-see em-<<schwa>>-nay-vit). [Law Latin] Hist. Because it issued erroneously. [Blacks Law 8th]
Read MoreQUIA EMPTORES
Quia Emptores (kwI-<<schwa>> orkwee-<<schwa>> emp-tor-eez). [Latin “since purchasers”] Hist. A statute giving fee-simple tenants (other than those holding directly of the Crown) the power to alienate their land and bind the transferee to perform the same services for the lord as the transferor had been obliged to perform. • The statute, enacted in 1290,…
Read MoreQUIA
quia (kwI-<<schwa>> orkwee-<<schwa>>). [Latin] Hist. Because; whereas. • This term was used to point out the consideration in a conveyance. QUIA ALIMENTA LIBERIS NON DEBENTUR NISI IN SUBSIDIUM quia alimenta liberis non debentur nisi in subsidium (kwI-<<schwa>> orkwee-<< schwa>> al-i-men-t<<schwa>> lib-<<schwa>>r-is non di-ben-t<<schwa>>r nI-sI in s<<schwa>>b-sid-ee-<<schwa>>m). [Law Latin] Scots law. Because aliment (alimony) is not…
Read MoreQUESTUS EST NOBIS
questus est nobis (kwes-t<<schwa>>s est noh-bis), n.[Law Latin “hath complained to us”] Hist. By 1287, a writ against someone who continued a nuisance that existed before inheritance or purchase. • The former law provided recovery only against the party who had first caused the nuisance. [Blacks Law 8th]
Read MoreQUESTMAN
questman.Hist. 1. An instigator of a lawsuit or prosecution. 2. A person who was chosen to inquire into abuses, esp. those relating to weights and measures. 3. A churchwarden; SIDESMAN. — Also termed questmonger. [Blacks Law 8th]
Read MoreQUESTION OF PRIVILEGE
question of privilege.See QUESTION(3). [Blacks Law 8th]
Read MoreQUESTION OF LAW
question of law. 1. An issue to be decided by the judge, concerning the application or interpretation of the law <a jury cannot decide questions of law, which are reserved for the court>.2. A question that the law itself has authoritatively answered, so that the court may not answer it as a matter of…
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