Juridical Dictionary

This dictionary contains:
8526
juridical terms

Quare impedit






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.

RELATED TERMS
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Ecclesiastical
Belonging to, or set apart for the church.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

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).

King
The chief magistrate of a kingdom, vested usually with the executive power.

Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.

Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.

Permit
A license or warrant to do something not forbidden bylaw.

Present
A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state."

Person
This word is applied to men, women and children, who are called natural persons.

Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).

Void
Invalid; a void agreement is one for which there is no remedy.

Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.

Said
Before mentioned.



SIMILAR TERMS
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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
Wherefore 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.

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 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
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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
Wherefore 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.

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

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.

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This dictionary contains 8526 terms.