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Quaere

Latin for "query" as in an issue on which some doubt or question exists.

Latin for "query" as in an issue on which some doubt or question exists.

An issue expounded after the word quaere in a legal judgment, exposes a statement of law or of fact that remains in doubt, not finally decided, and open to question.

For a judicial example of the use of the term, in a stolen goods case for which the citation is Haughton v Smith 1973 UKHL 4, and published at bailii.org/uk/cases/UKHL/1973/4.html , the British House of Lords queried as follows:

"Quaere if this is the correct approach, but I am satisfied in any event that it is a misapplication of the process ... to purport to settle an order and provide therein a term that has such a possibly singular effect on one party, if the issue has not been addressed sufficiently in the original hearing."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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