Juridical Dictionary

This dictionary contains:
8526
juridical terms

Quia






Quia

Pleadings. Because. This word is considered a term of affirmation. It is sufficiently direct and positive for introducing a material averment.

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Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.

Word
Construction. One or more syllables which when united convey an idea a single part of speech.

Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

Affirmation
A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Direct
Straight forward; not collateral.

Positive
Express; absolute; not doubtful. This word is frequently used in composition.

Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.



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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
Remedies. 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.

Quia

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.

Quid pro quo
This phrase signifies verbatim, what for what. It is applied to the consideration of a contract.

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This dictionary contains 8526 terms.