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| This dictionary contains: 8526 juridical terms |
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Quash
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QuashTo vacate or void a summons, subpoena.
RELATED TERMS--------------------------------------
Vacate
To set aside.
Void
Invalid; a void agreement is one for which there is no remedy.
Summons
Practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned.
Subpoena
1) Practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2) Chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
SIMILAR TERMS--------------------------------------
Quasi
A Latin word in frequent use in the civil law signifying as if, almost. It marks the resemblance, and supposes a little difference between two objects.
Quasi corporation
This term is applied to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained by suits at law. They may be considered qua corporations, with limited powers, coextensive with the duties imposed upon them by statute or usage; but restrained from a general use of the authority, which belongs to those metaphysical persons by the common law.
Quasi delict
Civil law. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another.
Quasi in rem jurisdiction
An American term referring to jurisdiction exercised by way of the attachment over the chattels of a defendant who cannot be found within the district.
Quasi offences
Torts, civil law. Those acts which, although not committed by the persons responsible for them, are by implication of law supposed to have been committed by their command, by other persons for whom they are answerable. They are also injuries which have been caused by one person to another, without any intention to hurt them.
Quasi partners
Partners of lands, goods, or chattels, who are not actual partners, are sometimes so called.
Quasi posthumous child
Civil law. One who, born during the life of his grand father, or other male ascendant, was not his heir at the time he made his testament, but who by the death of his father became his heir in his lifetime.
Quasi purchase
This term is used in the civil law to denote that a thing is to be considered as purchased from the presumed consent of the owner of the thing; as, if a man should consume a cheese, which is in his possession and belonging to another, with an intent to pay the price of it to the owner, the consent of the latter will be presumed, as the cheese would have been spoiled by keeping it longer.
Quasi tradition
Civil law. A term used to designate that a person is in the use of the property of another, which the latter suffers and does not oppose.
Quasi-affinity
A term used in the civil law to designate the affinity which exists between two persons, one of whom has been betrothed to the kindred of the other, but who have never been married. For example, my brother is betrothed to Maria, and, afterwards, before marriage he dies, there then exists between Maria and me a quasi-affinity.
Quasi-contract
An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
Quasi-contractus
A term used in the civil law. A quasi-contract is the act of a person, permitted by law, by which he obligates himself towards another, or by which another binds himself to him, without any agreement between them.
Quasi-criminal action
A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.
Quasi-deviation
An American term for certain types of breach of a contract of carriage of goods by sea, analogous to unreasonable geographic deviation, notably overcarriage, non-delivery and delayed delivery.
Quasi-judicial
Refers to decisions made by administrative tribunals or government officials to which the rules of natural justice apply. In judicial decisions, the principles of natural justice always apply. But between routine government policy decisions and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person. Some law teachers sugest that there is no such thing as a "quasi-judicial" decision or body; the body or decision is either judicial or not.
Quasi-maritime liens
A term used to describe claims for pilotage, general average contributions and dock charges in Canada.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Quash
Quasi
A Latin word in frequent use in the civil law signifying as if, almost. It marks the resemblance, and supposes a little difference between two objects.
Quasi corporation
This term is applied to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained by suits at law. They may be considered qua corporations, with limited powers, coextensive with the duties imposed upon them by statute or usage; but restrained from a general use of the authority, which belongs to those metaphysical persons by the common law.
Quasi delict
Civil law. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another.
Quasi in rem jurisdiction
An American term referring to jurisdiction exercised by way of the attachment over the chattels of a defendant who cannot be found within the district.
Quasi offences
Torts, civil law. Those acts which, although not committed by the persons responsible for them, are by implication of law supposed to have been committed by their command, by other persons for whom they are answerable. They are also injuries which have been caused by one person to another, without any intention to hurt them.
RELATED TERMS--------------------------------------
Vacate
To set aside.
Void
Invalid; a void agreement is one for which there is no remedy.
Summons
Practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned.
Subpoena
1) Practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2) Chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
SIMILAR TERMS--------------------------------------
Quasi
A Latin word in frequent use in the civil law signifying as if, almost. It marks the resemblance, and supposes a little difference between two objects.
Quasi corporation
This term is applied to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained by suits at law. They may be considered qua corporations, with limited powers, coextensive with the duties imposed upon them by statute or usage; but restrained from a general use of the authority, which belongs to those metaphysical persons by the common law.
Quasi delict
Civil law. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another.
Quasi in rem jurisdiction
An American term referring to jurisdiction exercised by way of the attachment over the chattels of a defendant who cannot be found within the district.
Quasi offences
Torts, civil law. Those acts which, although not committed by the persons responsible for them, are by implication of law supposed to have been committed by their command, by other persons for whom they are answerable. They are also injuries which have been caused by one person to another, without any intention to hurt them.
Quasi partners
Partners of lands, goods, or chattels, who are not actual partners, are sometimes so called.
Quasi posthumous child
Civil law. One who, born during the life of his grand father, or other male ascendant, was not his heir at the time he made his testament, but who by the death of his father became his heir in his lifetime.
Quasi purchase
This term is used in the civil law to denote that a thing is to be considered as purchased from the presumed consent of the owner of the thing; as, if a man should consume a cheese, which is in his possession and belonging to another, with an intent to pay the price of it to the owner, the consent of the latter will be presumed, as the cheese would have been spoiled by keeping it longer.
Quasi tradition
Civil law. A term used to designate that a person is in the use of the property of another, which the latter suffers and does not oppose.
Quasi-affinity
A term used in the civil law to designate the affinity which exists between two persons, one of whom has been betrothed to the kindred of the other, but who have never been married. For example, my brother is betrothed to Maria, and, afterwards, before marriage he dies, there then exists between Maria and me a quasi-affinity.
Quasi-contract
An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
Quasi-contractus
A term used in the civil law. A quasi-contract is the act of a person, permitted by law, by which he obligates himself towards another, or by which another binds himself to him, without any agreement between them.
Quasi-criminal action
A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.
Quasi-deviation
An American term for certain types of breach of a contract of carriage of goods by sea, analogous to unreasonable geographic deviation, notably overcarriage, non-delivery and delayed delivery.
Quasi-judicial
Refers to decisions made by administrative tribunals or government officials to which the rules of natural justice apply. In judicial decisions, the principles of natural justice always apply. But between routine government policy decisions and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person. Some law teachers sugest that there is no such thing as a "quasi-judicial" decision or body; the body or decision is either judicial or not.
Quasi-maritime liens
A term used to describe claims for pilotage, general average contributions and dock charges in Canada.
PREVIOUS AND NEXT TERMS--------------------------------------
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.
Quash
Quasi
A Latin word in frequent use in the civil law signifying as if, almost. It marks the resemblance, and supposes a little difference between two objects.
Quasi corporation
This term is applied to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained by suits at law. They may be considered qua corporations, with limited powers, coextensive with the duties imposed upon them by statute or usage; but restrained from a general use of the authority, which belongs to those metaphysical persons by the common law.
Quasi delict
Civil law. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another.
Quasi in rem jurisdiction
An American term referring to jurisdiction exercised by way of the attachment over the chattels of a defendant who cannot be found within the district.
Quasi offences
Torts, civil law. Those acts which, although not committed by the persons responsible for them, are by implication of law supposed to have been committed by their command, by other persons for whom they are answerable. They are also injuries which have been caused by one person to another, without any intention to hurt them.
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This dictionary contains 8526 terms.
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