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quasi-guardian A guardian who assumes that role without any authority. - Such a person may be made to account as guardian. Also termed guardian by estoppel; guardian de son tort.

quasi-individual See private corporation under CORPORATION.

quasi-in-rem jurisdiction See jURISDICTION.

quasi-in-rem jurisdiction (kway-si in rem or kway-zi). Jurisdiction over a person but based on that person"s interest in property located within the court"s territory. Also termed jurisdiction quasi in rem. See quasi in rem under IN REM.

quasi-insurer See INSURER.

quasi-insurer A service provider who is held to strict liability in the provision of services, such as an innkeeper or a common carrier.

quasi-judicial See QUASI-JUDICIAL.

quasi-judicial adj. Of, relating to, or involving an executive or administrative official s adjudicative acts. Quasi -judicial acts, which are valid if there is no abuse of discretion, often determine the fundamental rights of citizens. They are subject to review by courts. "Quasi-judicial is a term that is ... not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency - the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biased in favour of a certain policy, or that the evidence points to a different conclusion: George Whitecross Paton, A Textbook of jurisprudence 336 (G.W. Paton & David P. Derham eds., 4th ed. 1972).

quasi-judicial act 1. A judicial act performed by an official who is not a judge. 2. An act performed by a judge who is not acting entirely in a judicial capacity. See judicial act under ACT.

quasi-judicial act See QUASI-JUDICIAL ACT.

quasi-judicial duty See DUTY (1).

quasi-judicial duty A discretionary judicial duty that a nonjudicial officer may perform under some circumstances. 2. Any action, performance, task, or observance owed by a person in an official or fiduciary capacity.

quasi-judicial function See FUNCTION.

quasi-judicial power See POWER (3).

quasi-judicial power An administrative agency s power to adjudicate the rights of those who appear before it.

quasi-legislative adj. (Of an act, function, etc.) not purely legislative in nature <the administrative agency s rulemaking, being partly adjudicative, is not entirely legislative that is, it is quasi-legislative>.

quasi-legislative power See POWER (3).

quasi-legislative power An administrative agency s power to engage in rulemaking. 5 USCA § 553.

quasi-main motion See incidental main motion under MOTION (2).

quasi-municipal corporation See quasi-corporation under CORPORATION.

quasi-national domicile See DOMICILE.

quasi-national domicile A person's state of residence, as distinguished from the person's national or local domicile.

quasi-offense See OFfENSE (2).

quasi-offense A negligent unlawful act that causes injury or loss to another and that gives rise to a claim for damages. This is equivalent to the common-law tort of negligence. Also termed quasi delict. 3. Parliamentary law. A breach of order or other misconduct for which the applicable rules subject a member to a penalty.

quasi-partner A person who joins others in an enterprise that appears to be, but is not, a partnership. A joint venturer, for example, is a quasi-partner.

quasi-partner See PARTNER.

quasi-personalty See PERSONALTY.

quasi-personalty Things that are considered movable by the law, though fixed to real property either actually (as with a fixture) or fictitiously (as with a lease for years).

quasi-possession See incorporeal possession under pos-SESSION.

quasi-possession See incorporeal possession.

quasi-posthumous child See CHILD.

quasi-posthumous child A child who becomes a direct heir of a grandfather or other male ascendant because of the death of the child 's father.

quasi-public corporation A for-profit corporation providing an essential public service. An example is an electric company or other utility.

quasi-public corporation See CORPORATION.

quasi-pupillary substitution See SUBSTITUTION (5).

quasi-realty See REALTY.

quasi-realty Things that the law treats as fixed to realty, but are themselves movable, such as title deeds.

quasi-rent (often pl.) Law and economics. Value over and above one s opportunity cost or next best alternative; the excess of an asset s value over its salvage value. In the economic theory of marriage, a quasi-rent is a spouse s excess value of the marriage over the value of the next best option of not being in that specific marriage. The next best option may be separation, divorce, or divorce and remarriage, depending on the spouse s preferences and opportunities.

quasi-seisin See SEISIN.

quasi-seisin A copyholders possession of lands, the freehold possession being in the lord. - Also termed customary seisin.

quasi-statute See STATUTE.

quasi-statute An executive or administrative order, or a regulation promulgated by a governmental agency, that has the binding effect of legislation. "Quasi-Statutes. Executive and administrative orders by the government as well as military regulations, while not called statutes, not originating as statutes usually do, are, nevertheless, in force and effect, laws. Copies of general orders and proclamations are issued to the public press for publication, but military regulations may for public reasons be kept private." Jesse Franklin Brumbaugh, Legal Reasoning and Briefing 223 (1917).

quasi-suspect classification See SUSPECT CLASSIFICATION.

quasi-suspect classification A statutory classification based on gender or legitimacy, and therefore subject to intermediate scrutiny under equal-protection analysis. Examples of laws creating a quasi-suspect classification are those permitting alimony for women only and providing for an all-male draft. See INTERMEDIATE SCRUTINY.

quasi-tenant A sublessee that the new tenant or reversioner allows to hold over.

quasi-tenant See TENANT.

quasi-tort See TORT.

quasi-trustee See TRUSTEE (1).

quasi-usufruct See t:SUFRUCT.

quator tempora jejunii See EMBER DAYS.

quatuor pedibus currit (kwah-too-or ped-a-bas kar-it). [Law Latin] It runs upon four feet; it runs upon all fours. The term commonly described a precedent that was extremely close to a pOint being decided. See ON ALL FOURS.

quayage (kee-aj). A toll or fee charged for lading or unlading goods on a quay or wharf. Also written keyage.

Quayle action An office action telling the patent applicant that the claims are allowable on the merits but that the form of the application still needs to be amended. Ex parte Quayle, 25 USPQ (BNA) 74, 1935 C.D. 11,453 O.G. 213 (Comm r Pat. 1935). The applicant generally has two months to respond. A Quayle action ends the prosecution on the merits, and amendments that affect the merits will be treated in a manner similar to amendments after final rejection.

que est le mesme (kyoo ay la mem). [Law French] See QUAE EST EADEM.

queen 1. A woman who possesses, in her own right, the sovereignty and royal power in a monarchy. Among the most famous English queens are Queen Mary I, Queen Elizabeth 1, Queen Victoria, and Queen Elizabeth II. - Also termed queen regnant. 2. The wife of a reigning king. She has some royal prerogatives (such as haVing her own officers), but is in many ways legally no different from the rest of the king s subjects. - Also termed queen consort. 3. A woman who rules in place of the actual sovereign (e.g., if the sovereign is a child).Also termed queen regent. 4. DOWAGER-QUEEN.

Queen Anne s Bounty See FIRST FRUITS.

queen dowager See DOWAGER-QUEEN.

queen mother A queen who has children; esp., a dowager-queen whose child is the reigning monarch. See DOWAGER-QUEEN.

Queen s Bench Historically, the highest commonlaw court in England, preSided over by the reigning monarch. The jurisdiction of this court now lies with the Queen s Bench Division of the High Court of Justice; when a king begins to reign, the name automatically changes to King s Bench. Abbr. Q.B. - Also termed Court of Queen s Bench. Cf. KING S BENCH.

Queen s Bench Division The English court, formerly known as the Queen s Bench or King s Bench, that presides over tort and contract actions, applications for judicial review, and some magistrate-court appeals. Abbr. Q.B.D.

Queen s Counsel In the United Kingdom, Canada, and territories that have retained the rank, an elite, seniorlevel barrister or advocate. Originally, a Queen s Counsel was appointed to serve as counsel to the reigning monarch. Also termed senior counsel. -Abbr. Q.c. Cf. KING S COUNSEL.

Queen s evidence See EVIDENCE.

Queen s prison A prison established in 1842 in Southwark, to be used for debtors and criminals confined under authority of the superior courts at Westminster, the highest court of admiralty, and the bankruptcy laws. It replaced the Queen s Bench Prison, Fleet Prison, and Marshalsea Prison but was closed in 1862.

Queen s proctor A solicitor who represents the Crown in domestic-relations, probate, and admiralty cases. For example, in a suit for divorce or nullity of marriage, the Queen s proctor might intervene to prove collusion between the parties. - Also termed (when a king reigns) King s proctor.

queen's counsel See QUEEN'S COUNSEL.

queen's evidence English law. Testimony provided by one criminal defendant, usu. under a promise of pardon, against another criminal defendant. - Also termed (when a king reigns) King's evidence. See state's evidence.

quem nuptiae demonstrant (kwem nap-shee-ee di¬mon-strant). [Latin] Roman & Scots law. Whom the marriage indicates. The phrase refers to the rebuttable presumption that a husband is the father of a child that his wife gives birth to. See presumed father and putative father under FATHER.

quem redditum reddit (kwem red-a-tam red-it), [Law Latin "which return he made"] Hist. A writ for a grantee of a rent (not a rent service) to force the tenant to consent to the transfer.

querela (kwa-ree-la), n. [Law Latin fro Latin queri "to complain"]. 1. A complaint founding an action; the plaintiff s count or declaration. 2. A cause ofaction. 3. An action.

querela coram rege a concilio discutienda et terminanda (kwa-ree-la kor-alm ree-jee ay kan-sil-ee-oh dis-ka-shee-en-da et tar-ma-nan-da), n. [Law Latin "a dispute to be discussed and resolved by the council in front of the king"]. A writ ordering someone to appear before the king to answer to a trespass.

querela inofficiosi testamenti (kwa-ree-la in-a-fish-ee¬oh-si tes-ta-men-ti). [Latin "complaint ofan undutiful will"] Roman law. An action allowing a descendant, ascenda nt, or sibling who was unjustly disinherited or passed over by a parent s will to have the will set aside as undutifully made. "By far the most important is due to the querela inofficiosi testamenti. By this procedure, though the forms had been complied with, near relatives with obvious claims (the classes of those entitled having been gradually widened) might attack the will as contrary to natural duty (inofficiosum) and get it set aside." WW. Buckland, A Manual of Roman Private Law 199 (2d ed. 1953).

querens (kweer-enz), n. [Latin fr. queri "to complain"]. A plaintiff; the complaining party.

questa (kwes-ta), n. [Law Latin]. A quest; an inquest or inquiry upon the oaths of an impaneled jury.

question 1. A query directed to a witness. - Abbr. Q.

question of consideration See OBJECTION (2).

question of consideration See OBJECTION (2).

question of fact 1. An issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building. 2. An issue that does not involve what the law is on a given point. 3. A disputed issue to be resolved by the jury in a jury trial or by the judge in a bench trial. - Also termed fact question. See FACT-FINDER. 4. An issue capable of being answered by way of demonstration, as opposed to a question of unverifiable opinion.

question of information See point of information under POINT.

question of law See QUESTION OF LAW.

question of law 1. An issue to be decided by the judge, concerning the application or interpretation of the law <a jury cannot decide questions of law, which are reserved for the court>. 2. A question that the law itself has authOritatively answered, so that the court may not answer it as a matter of discretion <the enforceability of an arbitration clause is a question of law>. 3. An issue about what the law is on a particular point; an issue in which parties argue about, and the court must decide, what the true rule oflaw is <both parties appealed on the question oflaw>. 4. An issue that, although it may turn on a factual point, is reserved for the court and excluded from the jury; an issue that is exclusively within the province of the judge and not the jury <whether a contractual ambiguity exists is a question oflaw>. Also termed legal question; law question.

question of order See point of order under POINT.

question of privilege Any question that concerns the deliberative assembly s or a member s rights or privileges. See PRIVILEGE (6); RAISE AQUESTION OF PRIVILEGE. Cf. privileged question.

question of privilege See QUESTION (3).

question offact See QUESTION OF FACT.

question-and-answer 1. 1he portion of a deposition or trial transcript in which evidence is developed through a series of questions asked by the lawyer and answered by the witness. Abbr. Q-and-A. 2. The method for developing evidence during a deposition or at trial, requiring the witness to answer the examining lawyer s questions, without offering unsolicited information. 3. The method of instruction used in many law-school classes, in which the professor asks questions of one or more students and then follows up each answer with another question. Also termed Socratic method. See SOCRATIC METHOD; QUESTION-AND-ANSWER METHOD.

questman 1. An instigator of a lawsuit or prosecution. 2. A person who was chosen to inquire into abuses, esp. those relating to weights and measures. 3. A churchwarden; SlDESMAN. Also termed questmonger.

questus est nobis (kwes-tas est noh-bis), n. [Law Latin "hath complained to us"] Hist. By 1287, a writ against someone who continued a nuisance that existed before inheritance or purchase. The former law provided recovery only against the party who had first caused the nuisance.

qui ceditforo (kwi see-dit for-oh). [Latin]. One who stops payment; one who becomes bankrupt.

qui improvide (kwi-im-prov-a-dee). [Latin "who unforeseeably"]. A supersedeas granted when a writ is erroneously sued out or wrongfully awarded.

qui justus esse debet (kwi-jas-tas es-ee dee-bet or deb-et). [Latin]. Who is bound to be just.

qui sibi vigilavit (kwi sib-i vij-i-Iay-vit). [Latin]. Who has looked after his own interest.

qui tam action (kwi-tam or kee-tam). [Latin qui tam pro domino rege quam pro se ipso in hac parte sequitur "who as well for the king as for himself sues in this matter"] (18c) An action brought under a statute that allows a private person to sue for a penalty, part of which the government or some specified public institution will receive. - Often shortened to qui tam (Q.T.). Also termed popular action. See FALSE CLAIMS ACT.

qui utuntur communi jure gentium (kwi- yoo-tan-tar ka-myoo-ni joor-ee jen-shee-am). [Law Latin]. Who use the common law of nations; who conform to international law.

quia (kwi-a or kwee-a). [Latin]. Because; whereas. This term was used to point out the consideration in a conveyance.

quia timet (kwi-a ti-mat or kwee-a tim-et). [Latin "because he fears"]. A legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest. "A second class of cases where equity courts act to prevent injury are known as quia timet cases. The name comes from the two Latin words, once used when asking relief in this class of cases; the words mean, whereas he fears that some injury will be inflicted in the future unless the court of equity assists him in advance, the plaintiff asks the assistance of the court to do this, that, or the other thing with respect to the defendant." Charles Herman Kinnane, A First Book on Anglo-American Law648 (2d ed. 1952). "Quia timet is the right to be protected against anticipated future injury that cannot be prevented by the present action. The doctrine of quia timet permits equitable relief based on a concern over future probable injury to certain rights or interests, where anticipated future injury cannot be prevented by a present action at law, such as where there is a danger that a defense at law might be prejudiced or lost if not tried immediately." 27A Am. Jur. 2d Equity § 93, at 581 (1996).

quia alimenta liberis non debentur nisi in subsidium (kwi-a or kwee-a al-i-men-ta lib-ar-is non di-ben-tar ni-si in sab-sid-ee-am). [Law Latin]. Scots law. Because aliment (alimony) is not due to children except in aid A parent was not required to support a child for whom another source, such as a separate estate, provided.

Quia Emptores (kwl-a or kwee-a emp-tor-eez). [Latin "since purchasers"]. A statute giving fee-simple tenants (other than those holding directly of the Crown) the power to alienate their land and bind the transferee to perform the same services for the lord as the transferor had been obliged to perform. The statute, enacted in 1290, tended to concentrate feudal lordships in the Crown by eliminating multiple layers of fealty. 18 Edw., ch. 1. - Also termed Quia Emptores Terrarum. "Edward I and his lords wished, for political reasons, to prevent the growth of subinfeudation, and in 1290 the Statute Quia Emptores was enacted. It took its name from the beginning of its preamble Since purchasers L.B. Curzon, English Legal History 300 (2d ed, 1979).

quia erronice emanavit (kwi-a-roh-na-see em-a-nay¬vit). [Law Latin]. Because it issued erroneously.

quia ita lex scripta est (kwi-a or kwee-a i-ta leks skrip-ta est). [Latin "because the law is so written"]. Because that is the text of the statute.

quia succedunt in universum jus quod defunctus habuit (kwi-a or kwee-a sak-see-dant in yoo-ni-van-sam-jas kwod di-fangk-tas hah-yoo-it). (Latin] Roman & Scots law. Because they succeed to every right that the decedent had. The phrase appeared in reference to the position of heirs- at-law,