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Qui tam
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Qui tamRemedies. Who as well. When a statute imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whosoever will sue for the same, and the other part to the commonwealth, or some charitable, literary, or other institution, and makes it recoverable by action, such actions are called qui tam actions, the plaintiff describing himself as suing as well for the commonwealth, for example, as for himself.
RELATED TERMS--------------------------------------
Well
A hole dug in the earth in order to obtain water.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
Penalty
Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement.
Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Institution
1) Ecclesiastical law. The act by which the ordinary commits the cure of souls to a person presented to a benefice. 2) Political law. That which has been established and settled by law for the public good; 3) Practice. The commencement of an action.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Example
An example is a case put to illustrate a. principle.
SIMILAR TERMS--------------------------------------
Qui facit per alium, facit per se
He who acts through another acts by himself. The act of the agent is the act of the principal - within the scope of the employment.
Qui non habet, ille non dat
He who does not own cannot transfer.
Qui tacet consentire videtur
He who is silent is regarded as consenting: silence gives consent.
PREVIOUS AND NEXT TERMS--------------------------------------
Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.
Questor
Questor or quaestor. Civil law. A name which was given to two distinct classes of Roman officers. One of which was called quaestores classici, and the other quaestores parricidii.
Qui facit per alium, facit per se
He who acts through another acts by himself. The act of the agent is the act of the principal - within the scope of the employment.
Qui non habet, ille non dat
He who does not own cannot transfer.
Qui tacet consentire videtur
He who is silent is regarded as consenting: silence gives consent.
Qui tam
Quia
Pleadings. Because. This word is considered a term of affirmation. It is sufficiently direct and positive for introducing a material averment.
Quia emptores
A name sometimes given to the English Statute of Westminster.
Quia timet
Remedies. Because he fears. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be impleaded. 3. A monstra-verunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda, before any default of inclosure. 6. A ne injuste vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."
Quibble
A slight difficulty raised without necessity or propriety; a cavil.
Quick with child
med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with child.
RELATED TERMS--------------------------------------
Well
A hole dug in the earth in order to obtain water.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Statute
The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
Penalty
Contracts. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement.
Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Institution
1) Ecclesiastical law. The act by which the ordinary commits the cure of souls to a person presented to a benefice. 2) Political law. That which has been established and settled by law for the public good; 3) Practice. The commencement of an action.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Example
An example is a case put to illustrate a. principle.
SIMILAR TERMS--------------------------------------
Qui facit per alium, facit per se
He who acts through another acts by himself. The act of the agent is the act of the principal - within the scope of the employment.
Qui non habet, ille non dat
He who does not own cannot transfer.
Qui tacet consentire videtur
He who is silent is regarded as consenting: silence gives consent.
PREVIOUS AND NEXT TERMS--------------------------------------
Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.
Questor
Questor or quaestor. Civil law. A name which was given to two distinct classes of Roman officers. One of which was called quaestores classici, and the other quaestores parricidii.
Qui facit per alium, facit per se
He who acts through another acts by himself. The act of the agent is the act of the principal - within the scope of the employment.
Qui non habet, ille non dat
He who does not own cannot transfer.
Qui tacet consentire videtur
He who is silent is regarded as consenting: silence gives consent.
Qui tam
Quia
Pleadings. Because. This word is considered a term of affirmation. It is sufficiently direct and positive for introducing a material averment.
Quia emptores
A name sometimes given to the English Statute of Westminster.
Quia timet
Remedies. Because he fears. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be impleaded. 3. A monstra-verunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda, before any default of inclosure. 6. A ne injuste vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."
Quibble
A slight difficulty raised without necessity or propriety; a cavil.
Quick with child
med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with child.
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This dictionary contains 8526 terms.
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