Juridical Dictionary

This dictionary contains:
8526
juridical terms

Quia timet






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."

RELATED TERMS
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Lord
In England, this is a title of honor. In the U. S. no such titles are allowed

Maintained
Pleadings. This is a technical word, indispensable in an indict- ment for maintenance, which no other word or circumlocution will supply.

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

Molestation
Scotch law. The name of an action competent to the proprietor of a landed estate, against those who disturb his possession, It is chiefly used in questions of commonty, or, of controverted marches

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).

Mesne
The middle between two extremes, that part between the commencement and the end, as it relates to time.

Vexation
The injury or damage which, is suffered in consequence of the tricks of another.

Querela
An action preferred in any court of justice, in which the plaintiff was called querens or complainant, and his brief, complaint, or declaration, was called querela.

Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.

Curia
A court of justice.

Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.

Brevia
Writs. They were called brevia, because of the brevity in which the cause of action was stated in them.



SIMILAR TERMS
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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.



PREVIOUS AND NEXT TERMS
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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
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

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.

Quidam
French law. Some, one; somebody. This Latin word is used to express an unknown person, or one who cannot be named.

Quiet enjoyment
In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title.

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This dictionary contains 8526 terms.