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| This dictionary contains: 8526 juridical terms |
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Quod cum
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Quod cumPleading; 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.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
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.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Direct
Straight forward; not collateral.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
SIMILAR TERMS--------------------------------------
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 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.
Quod permittat
English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead.
Quod permittat prosternere
English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case.
Quod prostravit
The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.
Quod recuperet
That he recover. The form of a judgment that the plaintiff do recover.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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.
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
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.
Quod permittat
English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead.
Quod permittat prosternere
English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case.
Quod prostravit
The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
General
1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
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.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
Complaint
Criminal law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished.
Positive
Express; absolute; not doubtful. This word is frequently used in composition.
Direct
Straight forward; not collateral.
Recital
Contracts, pleading. The repetition of some former writing, or the statement of something which has been done.
SIMILAR TERMS--------------------------------------
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 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.
Quod permittat
English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead.
Quod permittat prosternere
English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case.
Quod prostravit
The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.
Quod recuperet
That he recover. The form of a judgment that the plaintiff do recover.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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.
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
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.
Quod permittat
English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead.
Quod permittat prosternere
English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case.
Quod prostravit
The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.
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This dictionary contains 8526 terms.
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