Duhaime's Law Dictionary

Legal definitions for terms and concepts beginning with Q

Latin for "query" as in an issue on which some doubt or question exists.
In ancient Roman law, senior legal advisor.
Qualified Immunity
Shields public official from any litigation in regards to acts undertaken in good faith.
Qualified Privilege
A defence in defamation actions that defeats the claim when the alleged defamation issues during specified occasions.
Quam legem exteri nobis posuere, eandem illis ponemus
Latin: What law is imposed by foreign powers on our merchants, we will impose on their's.
Quando Jus Domini Regis Et Subditi Concurrunt, Jus Regis Praeferri Debet
Latin: When the right of the sovereign and that of a subject conflict, the right of the sovereign is to be preferred.
Latin: amount or extent.
Quantum Meruit
Latin: as much as is deserved.
To set aside.
Civil law: a contract implied and imposed by law resulting from certain actions of a person.
Civil law: a delict (wrong) caused by negligence.
Administrative tribunals or government officials which, in their decision-making process, are subject to the rules of natural justice.
Queen's Bench
Originally, the common criminal court of the common law; later, the general superior court.
Queen's Counsel
An designation of a senior barrister indicating of its title holder faithfulness to the Crown, but more recently, contribution to the profession of lawyers.
Queen's Proctor
An English office investigating and appearing in select family law cases.
Commonly, a synonym for lesbian, gay, bisexual, transgender and intersex persons but also an umbrella term for people who are gay, lesbian, bisexual, transgendered, transgender, intersexual or of any other non-heterosexual sexuality, sexual anatomy or gender identity.
Muslim law: the right of a person who has suffered corporal injuries by the act of another, to inflict, or have inflicted similar injuries upon the aggressor.
Question of Discretion
Where an appeal predominantly takes issue with the lower court's exercise of judicial discretion.
Question of Fact
Questions about what actually took place between the parties.
Question of Law
Questions touching the scope, effect or application of a rule of law which the courts apply in determining the rights of parties.
Question of Privilege
A term of parliamentary law and procedure which refers to an urgent motion made at a meeting which seeks an immediate ruling on an alleged violation of the rights or privileges of members as a whole, or in regards to a negative personal remark.
Question of Mixed Law and Fact
An appellate standard of review of a lower court's order where the appeal issues are divided between question(s) of fact and question(s) of law.
Quia Emptores
A 1290 English statute that held that notwithstanding the subdivision (subinfeudation) of a feeholding; the new tenant owed feudal rights and obligations not to the seller but to the Land Lord.
Quick Take
A formal process of the exercise of eminent domain in which the government takes possession before the adjudication of compensation.
Quicquid Plantatur Solo, Solo Cedit
Latin: whatever is planted in the ground, belongs to the ground.
Quid Pro Quo
Latin: something for something.
Quid Pro Quo Sexual Harassment
Workplace harassment which conditions employment or promotion on sexual favors.
Quiet Enjoyment
A landlord's obligation to provide the tenant with reasonable privacy and freedom from any interference with the tenant's exclusive use and enjoyment of the rented premises.
Qui Facit Per Alium Facit Per Se
Latin: he who acts through another, acts himself.
Qui Jure Suo Utitur Neminem Facit Injuriam
Latin: he who exercises his legal rights harms no one.
Qui Jussu Judicis Aliquod Fecerit, Non Videtur Dolo Malo Fecisse, Quia Parere Necesse Est
Latin: One who does a wrongful act by order of a Court having jurisdiction, is not liable in tort, because he must obey the law.
Qui Non Obstat Quod Obstare Potest, Facere Videtur
Latin: an individual who does not prevent something which he/she could of prevented, is taken to have done that thing.
Qui Prior Est Tempore, Potior Est Jure
Latin: he who is earlier in time is stronger in law.
Quistclose Trust
A trust which arises to the benefit of the donor when property is advanced for a specific purpose and that purpose fails.
Qui Tam
Latin: who as well.
A document in which a person who has an alleged interest in real property, transfers this interest to another.
Quod Ab Initio Non Valet In Tractu Temporis Non Convalesait
Latin: That which was originally void does not by lapse of time become valid.
Quod Remedio Destituitur Ipsa Re Valet, Si Culpa Absit
Latin: That which is without a remedy is valid by the thing itself, if there be no fault.
The minimum number of voting members that must be in attendance at a meeting of an organization for that meeting to be regularly constituted.
Quo Warranto
Latin: legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.
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