Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 447 terms defined in Black's Law Dictionary. Browse all dictionaries
An abbreviation of "Queen's Bench."
An abbreviation of "Queen's Bench Division."
An abbreviation of "Queen's Counsel.
An abbreviation of "quare clausum fregit," (q. v.)
An abbrevlation of "quare exe-cu(ionem non," wherefore execution [shouid] not [be issued.]
An abbreviation for "Quarter Sessions,"
An abbreviation of "qui tam,"
- Quadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
Lat. Considered as; in the character or capacity of. For example, "the trustee qua trustee [that is, in his character as trustee] is not liable," etc.
2 Burrows, 693. Things which are token from enemies immediately become the property of the captors.
- Quæ ab initio inutilis fnit institutio, ex post facto convalescere non potestdefined inBlack's (1910)
An institution which was at the beginning of no use or force cannot acquire force from after matter. Dig. 50, 17, 210.
- Quæ accessionum locum obtinent, extingnuntur cum principales res perempta fuerintdefined inBlack's (1910)
Things which hold the place of accessaries are extinguished when the principal things are destroyed. 2 Poth. Obi. 202; Broom, Max. 496.
A pretender to medical skill which he does not possess; one who practices as a physiclan or surgeon without adequate preparation or due qualification. See El-mergreen v. Horn, 115
Lat. Whichever way you take it.
Lat. The fortieth. The first Sunday in Lent is so called because it is about the fortieth day before Easter. Cowell.
Offerings formerly made, on Mid-Lent Sunday, to the mother church.
The third volume of the year books of the reign of Edward III. So called because beginning with the fortieth year of that sovereign's reign. Crabb, Eng. Law, 327.
Lat. In Roman law. The fourth part; the quarter of any number, measure, or quantity. Hence an heir to the fourth part of the inheritance was called "hæres ex quadrante." Also a Rom
An angular measure of ninety degrees.
In old English law. A measure of land, variously described as a quarter of an acre or the fourth part of a yard-land.
In old records. A stone-pit or quarry. Cowell.
Lat. In the civil law. The four-years course of study required to be pursued by law-students before they were qualified to study the Code or collection of imperial constitutions. S
In Scotch law. The term of four years allowed to a minor, after his majority, in which he may by suit or action endeavor to annul any deed to his prejudice, granted during his mino
Divided into four parts. A term applied in conveyancing to an indenture executed in four parts.
- Quadroondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A person who is descended from a white person and another person who has an equal mixture of the European and African blood. State v. Davis, 2 Bailey (S. Ct) 558.
Lat. In Roman law. Informers who, if their ihformatiou were followed by conviction, had the fourth part of the confiscated goods for their trouble,
Lat. In the civll law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant Inst. 4, 14, 3; 3 Bl. Com
4 Coke, 14. Those words which are spoken to one end ought not to be perverted to another.
Things invalid from the beginning cannot be made valld by subsequent act. Tray. Lat Max. 482.
Things which cohere to or are closely connected with, the person, cannot be separated from the person. Jenin Cant. p. 28, case 53.
[Statutes] which derogate from the common law are strictly interpreted. Jenk. Cent. p. 221, case 72.
- Quae in partes dividi nequeunt solida a singulis praestanturdefined inBallentine's (1916)Black's (1910)
6 Coke, 1. Services which are incapable of division are to be performed in whole by each individual.
6 Coke, 1. Transactions between strangers ought to hurt no man, but may benefit
jenk. Co.nt. 29. Those things which are derogatory to the common law are to be strictly interpreted.
- Quaelibet concessio domini regis capi dehet stricte contra dominum regem, quando potest intelligi duabus viisdefined inBlack's (1910)
3 Leon. 248. Every grant of our lord the king ought to be taken strictly aguinst our lord the king, when it can he understood in two ways.
Every grant is to be interpreted most strongly against the grantor. Co. Litt 183a.
- Quaelibet pardonatio debet capi secundum intentionem regis, et non ad deceptionem regisdefined inBallentine's (1916)Black's (1910)
3 Bulst. 14. Every pardon ought to be token according to the intention of the king, and not to the deception of the king.
Things which do not avail when separate, when joined avain 3 Bulat 132; Broom, Max. 588.
Things which are admitted on the ground of necessity ought not to be drawn into question. Dig. '50, 17, 162.
- Quae præter consuetudinem et morem majorum fiunt neque placent neque recta videnturdefined inBlack's (1910)
Things which are done contrary to the custom of our ancestors neither please nor appear right. 4 Coke, 78.
Inquire into doubtful points lf you wish to understand the law welL Litt § 443.
Inquire into doubtful points, because by reasoning we arrive at legal reason. Litt. § 377.
Litt. 443. To inquire into them, is the way to know what things are truly lawful.
Things which are forbidden by the nature of things are [cat be] confirmed by no law. Branch, PrimPositive laws are framed after the laws ol nature and rcason. Finch, Law, 74.
In Roman law, were commissions (or courts) of inquisition into crimes alleged to have been committed. They were called "perpetuœ," to distinguish them from occasional inquisitions,
[Offenses] which are of a lower grade of guilt are of a higher degree of infamy. Co. Litt. 6b.
This, in England, is the statutory, as well as the popular, name of a member of a religious society, by themselves denominated "Friends."
Lat. In old English law. A judicial writ, which lay where a man of religion had judgment to recover land before execution was made of the judgment. It went forth to the escheator b
The possession by an individual of the qualities, properties, or circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an
Adapted; fitted; entitled; as an elector to vote. Applied to one who has token the steps to prepare himself for an appointment or office, as by taking oath, giving bond, etc. Pub.
See Acceptance. —Qualified elector means a person who is legally qualified to vote, while a 'legal voter" means a qualified elector who does in fact vote. Sanford v. Prentice, 28 W
a person who is legally qualified to vote, while a 'legal voter" means a qualified elector who does in fact vote. Sanford v. Prentice, 28 Wis. 358. Defined under Qualified in Black
- Qualified feedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
See Fee.
See Indorsement.
See Oath.
In the law of libel and slander, the same as conditiqual privilege. See Privilege.
- Qualified propertydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
Property in chattels which is not in its nature permanent, but may at some times subsist and not at other times; such for example, as the property a man may bave in wild animals wh
A person qualified to vote generally. In re House Bill No. 166, 9 Co.lo. 629, 21 Pac. 473. A person qualified and actually voting. Carroll County v. Smith, 111 U. S. 565, 4 Sup. Ct
To make one's self fit or prepared to exercise a right, office or franchise. To take the steps necessary to prepare one's self for an office or appointment, as by taking oath, givi
A quality which ought to form a part is easily presumed.
In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. In pleading, It means an attribute or charac
The period when, and the manner in which, the right of enjoying an estate is exercised. It is of two kinds: (1) The period when the right of enjoying an estate is conferred upon th
Lat As long as; so long as. A word of limitation in old conveyances. Co. Litt. 235a.
As long as he shall behave himself well; during good behavior; a clause frequent in letters patent or grants of cortain offices, in secure them so long as the persons to whom they
- Quam longum dehet esse ratiouabile tempus non definitur in lege, sed pendet ex discretione jnsticiariornmdefined inBlack's (1910)
Co. Litt. 56. How long reasonable time ought to be, is not defined by law, but depends upon the discretion of the judges.
- Quam rationabilis debet esse finis, non definitur, sed omnibus circumstantiis inspectis pendet ex jnsticiariornm discretionedefined inBlack's (1910)
What a reasonable fine ought to be is not defined, but is left to the discretion of the judges, all the circumstances being considered. 11 Coke, 44.
- Quamvis aliquid per se non sit malnm, tamen, si sit mail exempli, non est faciendnmdefined inBlack's (1910)
Although a thing may not be bad in,itself, yet, lf it is of bad example, it is not to be done. 2 Inst. 564.
- Quamvis lex generaliter loquitur, restringenda tamen est, nt, cessante ratione, ipsa cessatdefined inBlack's (1910)
Although a law speaks generally, yet it is to be restrained, so that when its reason ceases, it should cease also. 4 Inst 330.
When the provision of the party is wanting, the provision of the law is at hand. 6 Vim Abr. 49; 13 C. B. 960.
Lat. When they shall come in. The name of a judgment sometimes given against an executor, especially on a plea of plene administravit, which empowers the plaintiff to have the bene
- Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illuddefined inBallentine's (1916)Black's (1910)
5 Coke, 116. When anything la commanded, everything by which it can be accomplished is also commanded.
Co. Litt. 223. When anything is prohibited directly, it is prohibited also indirectly.
When anything ls prohibited, everything by which it is reached ls prohibited also. 2 Inst 48. That which cannot be done directly shall not be done indirectly. Broom,' Max. 489.
- Quando aliquis aliquid concedit, concedere videtur et id sine quo res uti non potestdefined inBlack's (1910)
When a person grants anything, he is supposed to grant that also without which the thing cannot be used. 3 Kent, Comm. 421. When the use of a thing is granted, everything is grante
- Quando charta continet generalem clausulam, posteaque descendit ad verba specialia quae clausulae generali snnt consentanea, interpretanda est charta secundum verba specialiadefined inBlack's (1910)
When a deed contains a general clause, and afterwards descends to special words which are agreeable to the general clause, the deed ls to be Interpreted according to the speclal wo
- Quando de una et eadem re dno onerabiles existunt, nans, pro insufficientia alterius, de integro ouerabiturdefined inBlack's (1910)
When there are two persons liable for one and the same thing, one of them, in case of default of the other, shall be charged with the whole. 2 Inst. 277.
- Quando dispositio referri potest ad duas res ita quod secundum relationem unam vitietur et secundum alteram utilis sit, tum facienda est relatio ad illam nt valeat dispositiodefined inBlack's (1910)
6 Coke, 76. When a disposition may refer to two things, so that by the former it would be vitiated, and by the latter it wuuld be preserved, then the relation is to be made to the
- Quando diversi desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalemdefined inBallentine's (1916)Black's (1910)
When different acts are required to the formation of any estate, the law chiefly regards the original act. 10 Coke, 49a. When to the perfection of an estate or interest divers acts
9 Coke, 129. When the right of king and of subject concur, the king's right shonid be preferred.
- Quando lex aliquid alicui concedit, concedere videtur et id sine quo rea ipsæ esse non potestdefined inBlack's (1910)
5 Coke, 47. When the law gives a man anything, it gives him that also without which the thing itself cannot exist.
2 Inst. 326. When the law gives anything to any one, all incidents are tacitly given.
- Quando lex est specialis, ratio autem generalis, generaliter lex est intelligendadefined inBlack's (1910)
When a law is special, but its reason [or object] general, the law is to be understood generally. 2 Inst 83.
Shep. Touch. 429. When the greater is allowed, the less ls to be understood as allowed also.
- Quando mulier nobilis nupserit ignobili, desinit esse nobilis nisi nobilitas nativa fueritdefined inBlack's (1910)
4 Coke, 118. When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was barn with her.
- Quando pins fit quam fieri debet, videtur etiam illnd fieri quod faciendum estdefined inBlack's (1910)
When more ls done than ought to be done, that at lcast shall be considered as performed which should have been performed, [as, if a man, having a power to make a lease for ten year
When that which I do does not have effect as I do it, let it have as much effect as it can. Jackson ex dem. Troup v. Blodget, 16 Johns. (N. Y.) 172, 178; Vandervolgen v. Yates, 3 B
When a thing is of no effect as I do it, it shall have effect as far as [or in whatever way] it can. Cowp. 600.
When the words and the mind agree, there is no plsce for interpretation.
- Quando verba statuti sunt specialia, ratio autem generalis, generaliter statutum est intelligendumdefined inBallentine's (1916)Black's (1910)
When the words of a statute are speclal, but the reason or object of it general, the statute is to be construed generally. 10 Coke, 101b.
Lat The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which
How much damnified? The name of an issue directed by a court of equity to be tried in a court of law, to ascertain the amount of compensation to be allowed for damage.
As much as he deserved. In pleading. The common count in an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay t
- Quantum tenens domino ex homagio, tantum dominus tenenti ex dominio dehet praeter solam reverentiam; mutua debet esse dominii et homagii fidelitatis connexiodefined inBlack's (1910)
Co. Litt. 64. As much as the tenant by his homage owes to his lord, so much is the lord, by his lordship, indebted to the tenant, except reverence alone; the tie of dominion and of
As much as they were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the def
- Quarantinedefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)Bouvier (1839)
A period of time (theoretically forty days) during which a vessel, coming from a place where a contagion or infectious disease is prevalent, is detained by authority in the harbor
- Quaredefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat Wherefore; for what reason; on what account Used in the Latin form of several common-law writs.
Lat Wherefore he broke the close. Tbat species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another's land is termed "tresp
Wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of his term, in cases where the wrong-doer or ejecto
Wherefore he hinders. In English practice. A writ or action which lies for the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emph
In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, while two others were contending at law for th
A writ that formerly lay where the lord proffered a suitable marriage to his ward, who rejected it, and entered into the land, and married another, the value of his marriage not be