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| This dictionary contains: 8526 juridical terms |
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Quare clausum fregit
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Quare clausum fregitWherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration.
RELATED TERMS--------------------------------------
Close
Signifies the interest in the soil, and not merely a close or enclosure in the common acceptation of the term.
Trespass
Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Estate
A right or interest in property or the property of a deceased person.
Defendant
A party who is sued in a personal action.
Breaking
Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Clausum
Latin. A close; an inclosure.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
SIMILAR TERMS--------------------------------------
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
Quare impedit
English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear.
Quare obstruxit
The name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way.
Quarrel
A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal.
Quarry
A place whence stones are dug for the purpose of being employed in building, making roads, and the like.
Quart
Measures. A quart is a liquid measure containing one-fourth part of a gallon.
Quarter
A measure of length, equal to four inches.
Quarter day
One of the four days of the year on which rent payable quarterly becomes due.
Quarter dollar
Money. A silver coin of the United States of the value of twenty-five cents.
Quarter eagle
Money. A gold coin of the United States of the value of two dollars and a half.
Quarter seal
The seal kept by the director of the chancery in Scotland is so called. It is in the shape and impression of the fourth part of the great seal.
Quarter sessions
A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months.
Quarter year
In the computation of time, a quarter year consists of ninety-one days.
Quartering of soldiers
The constitution of the United States, Amendm. art. 3, provides that "no soldier shall in time of peace be quartered, in any house, without the consent of the owner, nor in time of war but in a manner to be prescribed by law." By quartering is understood boarding and lodging or either.
Quarteroon
One who has had one of his grand parents of the black or African race.
Quarto die post
The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given ex gracia curiae.
PREVIOUS AND NEXT TERMS--------------------------------------
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum meruit
Pleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the lawimplies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay.
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare clausum fregit
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
Quare impedit
English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear.
Quare obstruxit
The name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way.
Quarrel
A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal.
Quarry
A place whence stones are dug for the purpose of being employed in building, making roads, and the like.
RELATED TERMS--------------------------------------
Close
Signifies the interest in the soil, and not merely a close or enclosure in the common acceptation of the term.
Trespass
Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Estate
A right or interest in property or the property of a deceased person.
Defendant
A party who is sued in a personal action.
Breaking
Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Clausum
Latin. A close; an inclosure.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
SIMILAR TERMS--------------------------------------
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
Quare impedit
English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear.
Quare obstruxit
The name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way.
Quarrel
A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal.
Quarry
A place whence stones are dug for the purpose of being employed in building, making roads, and the like.
Quart
Measures. A quart is a liquid measure containing one-fourth part of a gallon.
Quarter
A measure of length, equal to four inches.
Quarter day
One of the four days of the year on which rent payable quarterly becomes due.
Quarter dollar
Money. A silver coin of the United States of the value of twenty-five cents.
Quarter eagle
Money. A gold coin of the United States of the value of two dollars and a half.
Quarter seal
The seal kept by the director of the chancery in Scotland is so called. It is in the shape and impression of the fourth part of the great seal.
Quarter sessions
A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months.
Quarter year
In the computation of time, a quarter year consists of ninety-one days.
Quartering of soldiers
The constitution of the United States, Amendm. art. 3, provides that "no soldier shall in time of peace be quartered, in any house, without the consent of the owner, nor in time of war but in a manner to be prescribed by law." By quartering is understood boarding and lodging or either.
Quarteroon
One who has had one of his grand parents of the black or African race.
Quarto die post
The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given ex gracia curiae.
PREVIOUS AND NEXT TERMS--------------------------------------
Quantum damnificatus
Equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which a penalty has been given to secure. When such damages have thus been ascertained the court will grant relief upon their payment.
Quantum meruit
Pleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the lawimplies a promise from, the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth sucli a sum of money, which the defendant has omitted to pay.
Quantum valebat
Pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
Quarantine
1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine.
Quare
Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill.
Quare clausum fregit
Quare ejecit infra terminum
Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment.
Quare impedit
English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear.
Quare obstruxit
The name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way.
Quarrel
A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal.
Quarry
A place whence stones are dug for the purpose of being employed in building, making roads, and the like.
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This dictionary contains 8526 terms.
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