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quanti minoris (kwon-ti mi-nor-is). [Latin "how much less") Civil law. An action brought by a purchaser of an article to reduce the purchase price due to the article s defects.

quantitative rule An evidentiary rule requiring that a given type of evidence is insufficient unless accompanied by additional evidence before the case is closed. Such a rule exists because of the known danger or weakness of certain types of evidence. Also termed synthetic rule.

quantitatively incidental private benefit See PRIVATE BENEFIT.

quantitatively incidental private benefit A permissible private benefit that is a necessary but insubstantial concomitant to a public benefit.

quantity discount See volume discount under DISCOUNT.

quantity discount See volume discount.

quantum (kwon-tam). [Latin "an amount"] The required, desired, or allowed amount; portion or share <a quantum of evidence>. PI. quanta (kwon-ta).

quantum damnificatus (kwon-tam dam-na-fi-kay¬tas). [Latin "how much damnified"]. The issue of damages submitted by a court of equity to the jury.

quantum et quale? (kwon-tam et kway-Iee or kwah-Iee). [Latin] Roman & Scots law. How much and of what kind? "It is not unusual for parties to a submission to agree that, in the event of no final decree-arbitral being pronounced the proof taken in the course of the submission shall be received as legal probation quantum et quale (i.e., to the same extent and as of the same quality or effect) in any after-submission or process at law between the same parties regarding the same matter," John Trayner. Travner s Latin Maxims 505 (4th ed. 1894).

quantum meruit (kwon-tam mer-oo-it). [Latin "as much as he has deserved"]. 1. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship. 2. A claim or right of action for the reasonable value of services rendered. 3. At common law, a count in an assumpsit action to recover payment for services rendered to another person.• Quantum meruit is still used today as an equitable remedy to provide restitution for unjust enrichment. It is often pleaded as an alternative claim in a breach-of-contract case so that the plaintiff can recover even if the contract is unenforceable. See implied-In-law contract under CONTRACT.

quantum nunc valent (kwon-tam nangk vay-Ient). [Law Latin]. How much they (the lands) are now worth. Cf. ANTIQUUS ET NOVUS EXTENT US; QUANTUM VALUERUNT TEMPORE PACIS.

quantum valebant (kwon-tam va-lee-bant or -bant). [Latin "as much as they were worth"). 1. The reasonable value of goods and materials. 2. At common law, a count in an assumpsit action to recover payment for goods sold and delivered to another. Quantum valebant although less common than quantum meruit is still used today as an equitable remedy to provide restitution for another s unjust enrichment.

quantum valuerunt tempore pads (kwon-tam val¬yoo-air-ant tem-pa-ree pay-sis). [Law Latin]. How much they (the lands) were worth in peacetime. Cf. ANTIQUUS ET NOVUS EXTENT US; QUANTUM NUNC VALENT.

quarantina habenda See DE QUARANTINA HABENDA.

quarantine 1. The isolation of a person or animal afflicted with a communicable disease or the prevention of such a person or animal from coming into a particular area, the purpose being to prevent the spread of disease. Federal, state, and local authorities are required to cooperate in the enforcement of quarantine laws. 42 USCA § 243(a). "Power to make quarantine regulations is one of the most frequent powers conferred on boards of health. Such regulations constitute a proper exercise of the police power, provided they are not in conflict with federal regulations on the subject or that legislation by Congress is absent, and that they do not abridge rights protected by the Fourteenth Amendment." 39 Am, Jur. 2d Health § 59, at 529-30 (1999). 2. A place where a quarantine is in force. 3. A period of 40 days, esp. for the isolation and detention of ships containing persons or animals suspected of having or carrying a dangerous communicable disease, in order to prevent the spread of the disease. "Quarantine .... The name is drawn from the fact that the period was formerly commonly 40 (Ital. quaranta) days. In 1423 Venice established a lazaretto or quarantine station on an island to check the growth of disease brought in by ships, In the Sixteenth century quarantine became wide, spread and there developed the system of bills of health, certificates that the last port was free from disease; a dean bill entitled a ship to use the port without subjection to quarantine," David M. Walker, The Oxford Companion to Law 1022 (1980). 4. A widow s privilege to remain in her husband s house for 40 days after his death while her dower is being aSSigned. This right was enforced by a writ de quarantina habenda. See DE QUARANTINA HABENDA. Also spelled quarentine; quarentene. quarantine, vb.

quare (kwair-ee). [Latin) Why; for what reason; on what account. This was used in various common-law writs, esp. writs in trespass.

quare clausum fregit (kwair-ee klaw-zam free-jit). [Latin] Why he broke the close. Abbr. qu. cl. fr.; q.cj See TRESPASS QUARE CLAUSUM FREGIT.

quare clausum querentis fregit See trespass quare clausum fregit under TRESPASS.

quare ejecit infra terminum (kwair-ee i-jee-sit in-fra tar-ma-nam), n. [Law Latin "why he ejected within the term"]. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was. "For this injury the law has provided him with two remedies the writ of ejectione firmae; and the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself. but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong." 3 William Blackstone, Commentaries on the Laws of England 199 (1768).

quare executionem non [Latin] Why execution should not be issued, - Abbr. QEN.

quare impedit (kwair-ee im-pa-dit). [Latin "why he hinders"]. Eccles. law. A writ or action to enforce a patron s right to present a person to fill a vacant benefice. - Also termed writ of quare impedit. See PRESENTATION (2); ADVOWSON. "The writ of quare impeditcommands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without specifying the particular clerk) to such a vacant church, which pertains to his patronage; and which the defendants, as he alleges, do obstruct: and unless they so do, then that they appear in court to shew the reason why they hinder him." 3 William Blackstone, Commentaries on the Laws of Eng/and 248 (1768).

quare incumbravit (kwair-ee in-kam-bray-vit), n. [Law Latin "why he incumbered"]. A writ or action to compel a bishop to explain why he encumbered the church when, within six months after the vacation of a benefice and after a ne admlttas was received, the bishop conferred the benefice on his clerk while other clerks were contending for the right of presentation in a quare impedit action. The writ was abolished by the Real Property Limitation Act of 1833, ch. 27.

quare intrusit (kwair-ee in-troo-sit), n. [Law Latin "why he thrust in"]. A writ allowing a lord to recover the value of a marriage, when the lord offered a suitable marriage to a ward but the ward rejected it and married someone else. It was abolished by the Tenures Abolition Act, 1660, ch. 24.

quare non permittit (kwair-ee non par-mit-it), n. [Law Latin "why he does not permit"]. A writ for one who has a right to present to a church, against the proprietor.

quare obstruxit (kwair-ee ab-strak-sit), n. [Law Latin "why he obstructed"]. A writ for one who could not enjoy a privilege to pass through a neighbor s land because the neighbor had obstructed the path.

quarentena terrae (kwahr-en-tee-na ter-ee), n. [Law Latin "a quantity of land"]. A furlong.

quarentine See QUARANTINE.

quarrel 1. An altercation or angry dispute; an exchange of recriminations, taunts, threats, or accusations between two persons. quarrel, vb. 2. Archaic. A complaint; a legal action. "Quarrels is derived from querenda, and extends not only to actions as well real as personal, but also to the causes of actions and suits; so that by the release of all quarrels, not only actions depending in suit, but causes of action and suit also are released; and quarrels, controversies and debates, are words of one sense, and of one and the same signification, Coke, lib. 8, fol. 153." Termes de la Ley 330 (1 st Am. ed. 1812).

quarta divi Pii (kwor-ta di-vi pi-i). [Latin "quarter of the deified Pius"] Roman law. The quarter portion of a testator s estate required to be left to an adrogated child who had been unjustly emancipated or disinherited.

quarta Falcidiana (kwor-ta fal-sid- ee-a). [Latin "Falcidian fourth"] See FALCIDIAN PORTION,

quarta Trebellianica (kwor-ta tra-bel-ee-an-a-ka). [Latin "the quarter due under Trebellianus s senatus consultum"] Hist. The fourth portion that an heir could retain from a succession after transferring the succession as directed by the testator under a fideicom¬ missum. - Also termed quarta Trebelliana (tra-bel-ee¬ay-na or an-a) Cf. FALCIDIAN PORTION.

quarter 1. In the law of war, the act of showing mercy to a defeated enemy by sparing lives and accepting a surrender <to give no quarter>. 2. See quarter section under SECTION.

quarter day See DAY.

quarter day One of four days during a year that money owed (such as rent) was legally or customarily payable. In England and Wales the quarter days are Lady Day, March 25; Midsummer Day, June 24; Michaelmas Day, September 29; and Christmas Day, December 25. In Scotland the traditional quarter or term days are Candlemas, February 2; Whitsunday (or Whitsuntide), May 15; Lammas, August 1; and Martinmas, November 11. Scotland's statutory quarter or term days are the 2Sth of February, May, August, and November. Ifa document specifies a different date for a quarter day, then the specified date controls. - Also termed (in Scots law) term day.

quarter seal See SEAL.

quarter seal A seal (originally a quarter section of the great seal) maintained in the Scotch chancery to be used on particular grants from the Crown. See great seal (3).

quarter section See SECTION.

quarter section A piece ofland containing 160 acres, laid offby a north-south or east-west line; one quarter of a section of land, formerly the amount usu. granted to a homesteader. Often shortened to quarter.

quarter session See SESSION (1).

quarter session 1. English law. The meetings held four times a year by a countys justices of the peace to transact business, including trying certain criminal and civil matters as specified by statute. The quarter sessions were abolished in 1971 and replaced by the Crown Court system. 2. Scots law. A meeting formerly held four times a year by the justices to review criminal sentences. - Abbr. Q.S.

quarter sessions court See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.

Quarter Sessions Court See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.

quartering 1. The diViding of a criminal s body into quarters after execution, esp. as part of the punishment for a crime such as high treason. See HANGED, DRAWN, AND QUARTERED. 2. The furnishing of living quarters to members of the military. In the United States, a homeowner s consent is required before soldiers may be quartered in a private home during peacetime. During wartime, soldiers may be quartered in private homes only as prescribed by law. The Third Amendment generally protects U.S. citizens from being forced to use their homes to quarter soldiers. U.S. Const. amend. III. 3. The dividing of a shield into four parts to show four different coats of arms. quarter, vb.

quarterly report A financial report issued by a corporation (and by most mutual funds and investment managers) every three months.

quartermaster See TREASURER.

quarters of coverage The number of quarterly payments made by a person into the social-security fund as a basis for determining the person s entitlement to benefits.

quarto die post (kwor-toh di-ee pohst), n. [Law Latin "on the fourth day after"] The defendant s appearance day, being four days (inclusive) from the return of the writ.

quash (kwahsh), 1. To annul or make void; to terminate <quash an indictment> <quash proceedings>. 2. To suppress or subdue; to crush <quash a rebellion>.

quashal (kwahsh-al), n. The act of quashing something <quashal of the subpoena>.

quasi (kway-si or kway-zi also kwah-zee). [Latin "as if"]. Seemingly but not actually; in some sense or degree; resembling; nearly. "QUASI. A Latin word frequently used in the civil law, and often prefixed to English words. It is not a very definite word. It marks the resemblance, and supposes a little difference, between two objects, and in legal phraseology the term is used to indicate that one subject resembles another, with which it is compared, in certain charactertics, but that there are also intrinsic and material differences between them. It negatives the idea of identity, but implies a strong superficial analogy, and points out that the conceptions are sufficiently similar for one to be classed as the equal of the other." 74 c.J.S. Quasi. at 2 (1951).

quasi committee of the whole See COMMITTEE.

quasi committee of the whole A committee of the whole over which the deliberative assembly's regular chair presides.

quasi ex contractu (kway-si [or -zi] eks kan-trak-t[y]oo). [Latin]. Arising as if from contract.

quasi ex delicto (kway-si [or -zi) eks di-lik-toh). [Latin]. Arising as if from delict. See DELICT.

quasi in rem See IN REM.

quasi in rem (kway-si in rem or kway-zi). [Latin "as if against a thing"]. Involving or determining the rights of a person having an interest in property located within the courts jurisdiction. See action quasi in rem under ACTION (4).

quasi traditio (kway-si [or -zi) tra-dish-ee-oh). [Latin "as if transfer" J Roman law. A party s acquisition of a servitude by using it with the informal permission or acquiescence of the owner. "According to the civil law again a servitude that is, a limited right of user in respect of a thing not one s own, e.g. a usufruct or a right of way- could only be created by means of certain definite legal forms. The praetorian law, on the other hand, allowed a servitude to be created by a so-called quasi traditio servitutis; that is, it was satisfied if one party gave the other, without any form, permission to exercise the right of user in question." Rudolph Sohm. The Institutes: A Textbook of the History and System of Roman Private Law 82 Uames Crawford Ledlie trans., 3d ed.1907).

quasi-admission See ADMISSION (1).

quasi-admission An act or utterance, usu. extrajudicial, that creates an inconsistency with and discredits, to a greater or lesser degree, a present claim or other evidence of the person creating the inconsistency.

quasi-affinity See AFFINITY.

quasi-affinity Civil law.The affinity existing between two persons, one of whom has been engaged to a relative of the other.

quasi-autonomous nongovernmental organization A semipublic administrative body (esp. in the United Kingdom) having some members appointed and financed by, but not answerable to, the government, such as a tourist authority, a university-grants commission, a price-and-wage commission, a prison or parole board, or a medical-health advisory panel. This term is more commonly written as an acronym, quango (kwang-goh), without capital letters.

quasi-community property See COMMUNITY PROPERTY.

quasi-community property See COMMUNITY PROPERTY.

quasi-community property Personal property that, having been acquired in a non-community-property state, would have been community property if acquired in a community-property state . If a community-property state is the forum for a divorce or administration of a decedent's estate, state law may allow the court to treat quasi-community property as if it were community property when it determines the spouses' interests.

quasi-contract See implied-in-law contract.

quasi-contract See implied-in-law contract under CONTRACT.

quasi-corporation See CORPORATION.

quasi-corporation An entity that exercises some of the functions of a corporation but that has not been granted corporate status by statute; esp., a public corporation with limited authOrity and powers (such as a county or school district). Also sometimes termed quasi-municipal corporation. Cf. MUNICIPAL CORPORATION.

quasi-crime 1. An offense not subject to criminal prosecution (such as contempt or violation of a municipal ordinance) but for which penalties or forfeitures can be imposed. The term includes offenses that give rise to qui tam actions and forfeitures for the violation of a public duty. 2. An offense for which someone other than the actual perpetrator is held liable, the perpetrator being presumed to act on the command of the responsible party. See quasidelict (1) under DELICT.

quasi-crime See CRIME.

quasi-criminal proceeding See PROCEEDING.

quasi-criminal proceeding Procedure. A civil proceeding that is conducted in conformity with the rules of a criminal proceeding because a penalty analogous to a criminal penalty may apply, as in some juvenile proceedings. For example, juvenile delinquency is classified as a civil offense. But like a defendant in a criminal trial, an accused juvenile faces a potentialloss So criminal procedure rules apply.

quasi-delict See DELICT.

quasi-delict 1. Roman law. A residuary category of private wrongs, characterized by either vicarious or strict liability. "QUASI·DELICT.......Justinian enumerates four cases of obligations said to arise quasi ex delicto. The implication seems to be that in all of them the law creates a liability though the defendant may not in fact be to blame. The cases are the following:- (1) The judge who 'makes the case his own' . _ incurs a penalty fixed by the magistrate at discretion .... (2) If anything was thrown, or poured, from an upper room ... the occupier was liable for double the damage .... (3) If a thing was kept placed or suspended over a way used by the public ... there was a penalty ... which might be recovered from the occupier .... (4) Shipowners, innkeepers and stable· keepers were liable for damage or theft committed by slaves or free persons in their employ ...." R.W. Lee, The Elements of Roman Law 401-02 (4th ed. 1956). 2. See quasi-offense under OFFENSE (2). 3. Scots law. Tortious conduct that is negligent, as opposed to intentional.

quasi-deposit An involuntary deposit made when one party lawfully possesses property merely by finding it.

quasi-deposit See DEPOSIT (5)

quasi-derelict See DERELICT.

quasi-derelict A ship that has been deserted or abandoned temporarily or involuntarily, as when the crew is dead or otherwise incapable of navigating the ship. 2. Land uncovered by water receding from its former bed. 3. A street person or vagrant; a hobo.

quasi-deviation A deviation from an agreed-on shipping term other than a deviation in course or destination (e.g.,an unreasonable delay or the unauthorized carriage of cargo on deck).

quasi-deviation See DEVIATION.

quasi-domicile See commercial domicile under DOMICILE.

quasi-domicile See commercial domicile.

quasi-dwelling-house Any outbuilding, such as a barn, that is in proximity to the building used as a residence. See BURGLARY (1). "A 'dwelling house' or 'dwelling' has been defined in connection with the crime of arson as any house intended to be occupied as a residence, or an enclosed space, permanent or temporary, in which human beings usually stay, lodge, or reside. If a building is not used exclusively as a dwelling, it is characterized as a dwelling if there is internal communication between the two parts of the building. Dwellings include mobile homes and a boat, if the person resides on it." 5 Am. Jur. 2d Arson and Related Offenses § 13, at 789 (1995).

quasi-dwelling-house See DWELLING-HOUSE.

quasi-easement See EASEMENT.

quasi-easement 1. An easement-like right occurring when both tracts ofland are owned by the same person. A quasi-easement may become a true easement if the landowner sells one of the tracts. 2. An obligation or license that relates to land but that is not a true easement for example, a landowner's obligation to maintain the fence between the landowner's tract and someone else's tract.

quasi-enclave An isolated part of a country's territory that, though not entirely surrounded by the territory of a foreign country, is inaccessible by way of the country's own territory because of topographical features such as impassable mountains.

quasi-enclave See ENCLAVE.

quasi-entail See ENTAI.

quasi-entail An estate pur autre vie that is granted to a person and the heirs of the person's body. The interest so granted is not properly an estate-tail (because it is not granted by inheritance), but it is similar enough that the interest will go to the heir of the body as special occupant during the life of the cestui que vie, in the same manner as an estate of inheritance would descend iflimited to the grantee and the heirs of his body.

quasi-estoppel An equitable doctrine preventing one from repudiating an act or assertion if it would harm another who reasonably relied on the act or assertion.

quasi-estoppel See ESTOPPEL.

quasi-fee See FEE (2).

quasi-fee An estate in fee acquired wrongfully.

quasifeudum (kway-si [or -zi] fyoo-dam). [Law Latin "as if a (heritable) fee"] Hist. A heritable right, usu. in money.

quasi-governmental agency See AGENCY (3).

quasi-governmental agency A governmentsponsored enterprise or corporation (sometimes called a government-controlled corporation), such as the Federal National Mortgage Corporation.

quasi-guarantee treaty See guarantee treaty under TREATY (1).

quasi-guardian See GUARDIAN.