Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
- Quælibet pœna corporalis, quamvis minima, major est qualibet poena pecuniariadefined inBlack's (1910)
3 Inst. 220. Every corporal punishment, although the very least, is greater than any pecuniary punishment.
4 Coke, 2. Things bad in principle at the commencement seldom achieve a good end.
Lat Winch [does or requires] nothing in vain. Which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53.
Things which ought not to be done are held valid when they have been done. Tray. Lat Max. 484.
As to this matter.
As to; as regards; concerning. A prohibition quoad is as to a particular thing among others. A shareholder in a national bank, who, apprehending a failure of the bank, transfers hi
Lab As to sacred things; for rellgious purposes.
With what intent.
QUOCUM- QUOD A QUOQUE POENAE NOMINE exactum est id codem restltuere nemo cogitur. That which has been exacted as a penalty no one is obliged to restore. Dig. 50. 17. 46.
In whatever way he wishes, in whatever way he can.
In whatever way he wishes, in whatever way he can. See 14 Johns. (N. Y.) 484.
IN TRACtu temporis non convalescet, Wliat is not good in the beginning cannot be rendered good by time. Merlin, Report, verb. Regie de Droit. This, though true in general, is' not
- Quod ab initio non valet, in tractu temporis non convalescetdefined inBallentine's (1916)Black's (1910)
What is not valid in the beginning is not cured by lapse of time. See 5 Pick. (Mass.) 27.
All men are equal as far as the natural law is concerned. Dig. 50, 17, 32.
omnes homines aequales sunt. All men are equal as far as the natural law is concerned. Dig. 50, 17. 32. QUOD AEDIFICATUR IN AREA LEGATA cedit legato. Whatever is built upon land gi
It holds good according to natural right that all men are equal.
That which is erected upon a devised lot goes with the devise.
- Quod alias bonum et justnm est, si per vim vel frandem petatur, malnm et injustum efficiturdefined inBlack's (1910)
3 Coke, 78. What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust
si per vim vel fraudem petatur, malum et injustum efficitur. What is otherwise good and just, if sought by force or fraud, becomes bad and unjust. 3 Coke, 78, QUOD ALIAS NON FUIT L
- Quod alias bonum et justum est, si per vim vel fraudem petatur, malum et injustum efficiturdefined inBallentine's (1916)
That which is otherwise good and just, becomes wicked and unjust if sought by fraud or force.
Necessity makes lawful that which would not otherwise be lawful.
What I accept I do not reject. Broom, Leg. Max. (3d London Ed.) 636.
That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46.
- Quod a quoque poenae nomine exactum est id eidem restituere nemo cogiturdefined inBallentine's (1916)
No one is compelled to restore that which has been exacted as a penalty.
SERVI pro nuiiis habentur, non tamen et jure naturaii, quia, quod ad jus naturale attinet, omnes homines aequall sunt. So far as the civil law is concerned, slaves are not reckoned
- Quod attinet ad jus civile, servi pro nullis habentur, non tamen et jnre naturali, quia, quod ad jus naturale attinet, omnes homines æquali suntdefined inBlack's (1910)
So far as the civll law Is concerned, slaves are not reckoned as persons, but not so by natural law, for, so far as regards natural law, all men are equal. Dig. 50, 17, 32.
- Quod attinet ad jus civile, servi pro nullis habetur, non tamen et jure naturali, quod ad jus naturale attinet omnes homines aequali suntdefined inBallentine's (1916)
As it pertains to the civil law, slaves are regarded as nobodies, not so, however, by natural law, for as it pertains to natural law, all men are equal.
That the bill be quashed. The common-law form of a judgment sustaining a plea in abatement, where the proceeding is by bill, i. e., by a capias instead of by original writ. QUOD CL
That the bill be quashed.
Because he took and carried away. See 6 Hill (N. Y.), 144.
A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament, etc. Reg. Orig. 261.
A writ which lay for a clerk, who, by reason of some land he had, was made or was about to be made, bailiff, beadle, reeve or some such officer, to obtain exemption from serving th
That he account. See Judgment quod computet .
Which was conceded.
NON DEBET verificari. What is clearly apparent need not be proved. 10 Mod. 150. QUOD CONSTAT CURIAE OPERE TEStium non indiget. What appears to the court needs not the help of witne
What is clearly apparent need not be proved. 10 Mod. 150.
That which is clear to the court does not require the trouble of witnesses.
That which clearly appears need not be proved.
- Quod contra juris rationem receptem est, non est producendum ad consequentiasdefined inBallentine's (1916)
That which has been received contrary to the reason of the law should not be drawn into a precedent.
PRO INfecto habetur. What is done contrary to the law is considered as not done. 4 Coke, 31. No one can derive any advantage from such an act. QUOD CUM (Lat.) In pleading. For that
That which is done contrary to law is regarded as not done.
- Quod contra rationem juris receptum est, non est producendum ad consequentiasdefined inBlack's (1910)
That which has bcen received against the reason of the law is not to be drawn into a precedent. Dig. 1, 3, 14.
That whereas.
- Quodcunque aliquis ob tutelam corporis sui fecerit jure id fecisse videturdefined inBallentine's (1916)
Whatever anyone has done for the protection of his body is deemed to have been rightly done.
2 Inst 590. Whatever any one does in defense of his person, that he ls considered to have done legally.
Lat. Which the court granted. A phrase in the old reports. Yearb. M. 4 Hen. VI. 19. Id. M. 9 Hen. VI. 40. 6 Mod. 28.
DAtum est Deo. What Is given to the church is given to God. 2 Inst. 590. QUOD DEMONSTRANDI CAUSA ADDItur re! satis demonstratae, frustra fit. What is added to a thing sufficiently
That which is given to the church is given to God.
10 Coke, 113. What is added to a thing sufficiently palpable, for the purpose of demonstration, is vain.
That which is added by way of description to a thing, already sufficiently described, is superfluous.
NE FECERIS. When you doubt about a thing, do not do it. 1 Hale, P. C. 310. minster II. (13 Edw. I. c 4), to the owners of a particular estate, as for life, in dower, by the curtesy
Do not do that which you have doubt about.
Because he deforces him.
Engl. law. The name of a writ for tenant in tail, tenant in dower, by the curtesy, or for term of life, who having lost his lands through his default, to enable him to recover them
In English law. The name of a writ given by St. Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy or in fee-tail, who were barr
For that which previously belonged to no one becomes by natural reason the property of an occupant. See 74 Me. 452, 43 Am. Rep. 600.
Legislators ignore that which has only happened once or twice.
That which appears to the ceurt needs not the aid of witnesses. 2 Inst. 662.
- Quod est ex necessitate nunquam introducitur nisi quando necessariumdefined inBallentine's (1916)Black's (1910)
That which exists from necessity is never introduced excepting when necessary.
AUT CONtra rationem non permissum est in lege. What is inconvenient or contrary to reason is not allowed in law. Co. Litt. 178. QUOD EST NECESSARIUM EST LICItum. What is necessary
- Quod est inconveniens, aut contra rationem non permissum est in legedefined inBallentine's (1916)Black's (1910)
That which is inconvenient or against reason is not permitted in law.
That which is necessary is lawful.
CUM IN OBSCURO 81*1, ex affectione cujusque capit interpretationem. When there is doubt about an act or expression, it receives interpretation from the (known) feelings or affectio
- Quod factum est, cam in obscnro sit, ex affectione cnjusque capit interpretationemdefined inBlack's (1910)
When there is doubt about an act, It receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, L
- Quod factum est, cum in obscuro sit, ex affectione cuj usque capit interpretationemdefined inBallentine's (1916)
When it is doubtful what act was intended, it should take its construction from the disposition of him who did it.
What ought to be done is easily presumed.
Halk. 153. That which ought to be done is easily presumed.
That which ought not to be done is valid when done.
That which ought not to be done, when done, is valid. Broom, Max. 182.
As much as possible.
Which was granted. QUOD IN JURE SCRIPTO "JUS" APPELlatur, id in lege Angiiae "rectum" esse dicitur. What in the civil law is called "jus," in the law of England is said to be "rect
CONsultius devocemus. What is done without consideration or reflection, upon better con-
That which we do without consideration, we should revoke upon further consideration.
That which is not valid in the beginning does not become valid by lapse of time.
NON Potest tractu temporls oonvalescere. Time cannot render valid an act void in its origin. Dig. 50. 17. 29.
- Quod initio vitiosum est non potest tractu temporis convalesceredefined inBallentine's (1916)Black's (1910)
That which is void in the beginning cannot gain strength by lapse of time.
- Quod in jnre scripto "jus" appellathr, id in lege Angliæ "rectum" esse diciturdefined inBlack's (1910)
What in the civil law is called "jus," in the law of England Is said to be "rectum," (right) Co. Litt. 260; Fleta, 1. 6, c. 1, § L
- Quod in jure scripto “jus" appellatur, id in lege Angliae “rectum" esse diciturdefined inBallentine's (1916)
That which in the civil law is called “jus,” is called “rectum” in the law of England.
VALEBIT IN major!; et quod In majori non valet, nee valebit in minori. What avails in the less will avail in the greater; and what will not avail in the greater will not avail in t
- Quod in minori valet, valebit in majori; et quod in majori non valet, nec valebit in minoridefined inBallentine's (1916)
That which avails in the less will avail in the greater; and that which does not avail in the greater will not avail in the less.
- Quod in minori valet valebit in majori; et quod in majori non valet neo valebit in minoridefined inBlack's (1910)
Co. Litt. 260a. That which is valid in the less shall be valid in the greater; and that which is not valid in the greater shall neither be valld in the less.
That which is effectual in one of two Uke things shall be effectual in the other. Co. Litt. 191a.
VAlebit in altera. What avails in one of two similar things will avail in the other. Co. Litt. 191.
That which is valid in one of two similar things is valid in the other.
QUI CONTRAXERUNT, OBstat; et successoribus eorum obstabit. That which bars those who have contracted will bar their successors also. Dig. 50. 17. 103. QUOD JUSSU (Lat.) In civil la
- Quod ipsis, qui contraxerunt, obstat, et successoribus eorum obstabitdefined inBallentine's (1916)Black's (1910)
That which bars those who have contracted, themselves, will bar their successors also.
Lat. In the civll law. The name of an action given to one who had contracted with a son or slave, by order ot the father or master, to compel such father or master to stand to the
- Quod jussu alterius solvitur pro eo est quasi ipsi solutum essetdefined inBallentine's (1916)Black's (1910)
That which is paid by the order of another is as to him just as if it had been paid to himself.
SINE FACTO SIVE defectu nostro, amitti seu In allum transferri non potest. That which is ours cannot be lost or transferred to another without our own act or default. 8 Coke, 92; B
- Quod meum est sine facto meo vel defectu meo amitti vel in alium transferri non potestdefined inBallentine's (1916)
That which is mine cannot be transferred to another without either my act or my default.
- Quod meum est sine facto meo vel defectu meo amitti vel in alium transferrinon potestdefined inBlack's (1910)
That which is mine cannot be lost or transferred to another without my allenation or forfeiture. Broom, Max. 465.
- Quod meum est, sine facto sive defectu meo amitti seu in alium transferri non potestdefined inBallentine's (1916)
That which is mine cannot be transferred to another without either my act or default.
That which is mine cannot be taken away without me.
That which is the lesser sum is deemed to be incorporated in the contract.
- Quod naturalis ratio inter omnes homines constituit, vocatur jus gentiumdefined inBallentine's (1916)Black's (1910)
That which natural reason has established among all men is called the law of nations.
That which is necessarily understood is not lacking.
1 Bulst 71. That which is necessarily understood is not wanting.
Necessity protects that which it compels.
- Quod nnllins esse potest id ut alicu-jus fieret nulla obligatio valet efficeredefined inBlack's (1910)
No agreement can avail to make that the property of any one which cannot be acquired as property. Dig. 50,17, 182.
ET non apparet judicialiter ante judicium. What appears not does not exist, and nothing appears judicially before judgment. 2 Inst. 479; Jenk. Cent. Cas. 207.