Juridical Dictionary

This dictionary contains:
8526
juridical terms

Quo warranto






Quo warranto

Remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show "quo warranto" he claims the franchise or office mentioned in the writ.

RELATED TERMS
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Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.

Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.

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).

Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

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

Corporation
A legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. Also known as a "company." The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits (by dividends) without any personal liability because the company absorbs the entire liability of the organization.

Franchise
1) A right reserved to the people by the constitution; hence we say, the elective franchise, to designate the right of the people to elect their officers. 2) A certain privilege, conferred by grant from the government, and Vested in individuals.

Office
An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it

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.

County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.

Defendant
A party who is sued in a personal action.

Court
A body in government to which the administration of justice is delegated.

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Place
Pleading, evidence. A particular portion of space; locality.



SIMILAR TERMS
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Quo animo
The intent; the mind with which a thing has been done; as, the quo animo with which the words were spoken may be shown by the proof of conversations of the defendant relating to the original defamation.

Quo minus
The name of a writ. In England, when the king's debtor is sued in the court of the exchequer, he may sue out a writ of quo minus, in which he suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficiens existit, by which he is less able to pay the king's debt. This was originally requisite in order to give jurisdiction to the court of exchequer, but now this suggestion is a mere form.



PREVIOUS AND NEXT TERMS
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Quit claim
1) Conveyancing. By the laws of Connecticut, it is the common practice there for the owner of land to execute a quit claim deed to a purchaser who has neither possession nor pretence of claim, and as by the laws of that state the delivery of the deed amounts to the delivery of possession, this operates as a conveyance without warranty. 2) Contracts. A release or acquittal of a man from all claims which the releasor has against him.

Quit rent
A rent paid by the tenant of the freehold, by which he goes quit and free; that is, discharged from any other rent.

Quitclaim deed
A deed without warranty of title which passes whatever title the grantor has to another.

Quo animo
The intent; the mind with which a thing has been done; as, the quo animo with which the words were spoken may be shown by the proof of conversations of the defendant relating to the original defamation.

Quo minus
The name of a writ. In England, when the king's debtor is sued in the court of the exchequer, he may sue out a writ of quo minus, in which he suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficiens existit, by which he is less able to pay the king's debt. This was originally requisite in order to give jurisdiction to the court of exchequer, but now this suggestion is a mere form.

Quo warranto

Quoad hoc
As to this; with respect to this. A term frequently used to signify, as to the thing named, the law is so and so.

Quod computet
The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors' bills against executors or administrators.

Quod cum
Pleading; It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital.

Quod damnum
English law. The name of a writ issuing out of and returnable intochancery, directed to the sheriff, commanding him to inquire by a jury 'Whatchancery, directed to the sheriff, commanding him to inquire by a jury 'Whatdamage it will be to the king, or any other, to grant a liberty, fair,damage it will be to the king, or any other, to grant a liberty, fair,market, highway, or the like.market, highway, or the like.

Quod ei deforceat
English law. The name of a writ given to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him, who had been thus unwarily deforced by his own default.

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This dictionary contains 8526 terms.