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Question

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Interrogation; inquiry; examination. Compare Qu^STio.

1.

An interrogation addressed to a witness, requesting him to state his personal knowledge as to a fact.

Categorical questions

A series of questions presented in a logical or systematized order; as, the questions propounded in an application for a contract of life insurance.

General question

Requests witness to. state all he knows, without directing his attention to a particular matter, as is done in a leading question.

Leading question

A suggestive interrogation. Puts into a witness's mouth words to be echoed back; plainly suggests the answer desired.^ Suggests to the witness the answer he is expected to make, and leads him to make such answer.'' A question is also objectionable as leading ■which embodies a material fact, and admits of answer by a simple affirmative or negative.* Leading questions are not allowed, except: on crossexamination; on a matter introductory to a material part of the inquiry; when the witness appears hostile to the party calling him, is unwilling to testify, or, from want of recollection which a suggestion may assist, makes an omission in his testimony; and in cases where the mind cannot be directed to the subject without particularization. Allowing leading questions is a matter wholly within the d Ucretion of the court.'

2.

Subject of inquiry; a matter under examination or discussion. May be of pure fact, of pure law, or of both fact and law; m the last case constituting a mixed question.

See Jury; Eeserve, 6.

Federal question. See Courts, p. 277. > New Orleans v. United States, 10 Pet. *715 Mc Lean, J. ' [People V. Mather, 4 Wend. 347 (1830): 1 Stark. Ev. 124. s Harvey v. Osborn, 55 Ind. 544 (1877), Howk, J. « [1 Greenl. Et. § 434; 31 N. H. 488. s See 1 Greenl. Ev. §§ 434-85; 1 Whart. Ev. §§449-504, QUI; QUID; QUOD. L. Who, he who; which, that which; what; that. Other inflections: Cui, to whom; cuicunque, to whomsoever, euilibet, to any one; cujus, of what one, whose. Quern, which (objective); quicquid, whatever. Qua. On which side; as far as; in so far as; considered as; as. Freight gua freight; ' apartygim party; ^ a judgment qua a judgment; ' qiM a contract; qua a regulation,* Qui. He who; whoever. Qui approbat. See Approbai^E. Qui facit. See Facere. Qui hceret. See Litera. Qui non hdbet. See Dare. Qui non prohibere. See Prohibeee. Qui prior tempore. See Tempus. Q}ii sentit commodum. See Commodum. Qui tacet. See Consensus. Qui tarn. See Action, 3. Quid. What. Quid pro quo. What for what; one thing for another thing; also, an equivalent, a consideration— implied in every sale or exchange.5 See Consideration, 3. Quo. In what, with what, by what. See Quoad; Quousque.

A quo

From which. Correlative, ad quern, to which. Designate, respectively, the court or judge from which, and to which, a cause has been removed; also, the day from which (dies a quo) and the day to which (dies ad quern) a period is to be computed: and also, the limit from which, the starting point (terminus a quo), and the limit to which, the end (terminus ad quern) — as, the beginning and ending of a way, of a risk in marine insurance, of the descent of a title. In quo. In which. See Locus; Status.

Quo animo

With what motive. See Animus. Quo jure. By what right. See Jus. Quo warranto. By what authority. See at length Warrantum. Quod. (1) What; that which. Quod non apparet. See Appareee. Quod populus jussit. See Repeal. (3) That; to the end that. Quod computet. See Computaee. §Mod partitio fiat.

See Paetitio.

1 2 Allen, 90. = 1 T. & H. (Pa.) § 577. ' 43 Pa. 469.

Quod recuperet.

See Recupebabe.

Quorum

Of whom. As a substantive, the number of members of a body whose presence is necessary to the transaction of business. See Majority. The commission of oyer and terminer was originally directed to the judges of the courts of Westminster, and several others, but the judges or Serjeants at law only are of the quorum, so that the rest cannot act without the presence of one of them. The words of the commission ran " quorum aliquem vestrum unum esse volumus " — of whom we wish some one of you to be present. The justices referred to were eminent for their skill and discretion.'