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quia surrogatum sapit naturam surrogati (kwi- or kwee-a sar-a-gay-tam say-pit nd-t[y]oor-am sar-a¬ gay-ti). [Law Latin]. Because the substitute partakes of the character of that for which it is substituted.

quia-timet injunction See INJUNCTION.

quia-timet injunction (kwi -a ti-mat or kwee-a tim-et]. [Latin "because he fears") (1913) An injunction granted to prevent an action that has been threatened but has not yet violated the plaintiffs rights. See QUIA TIMET.

quibus deficientibus (kwib-as di-fish-ee-en-ti-bas). [Latin]. Scots law. Who failing. In a disposition, this phrase appeared in reference to one or more who succeeded to an estate and then died. Cf. QUIBUS NON EXISTENTlBUS.

quibus non existentibus (kwib-as non ek-si-sten-ta-bas). [Latin] Scots law. Whom failing. In a disposition, this phrase appeared in reference to one or more who never existed. Cf. QUIBUS OEFICIENTIBUS.

quick asset See ASSET.

quick asset 1.Cash and other current assets other than inventory. 2. See current asset.

quick condemnation See CONDEMNATION (2).

quick condemnation The immediate taking of possession of private property for public use, whereby the estimated compensation is deposited in court or paid to the condemnee until the actual amount of compensation can be established. Also termed quick-take. 3. An official pronouncement that a building is unfit for habitation; the act of making such a pronouncement. 4. The official pronouncement that a thing (such as food or drink) is unfit for use or consumption; the act of making such a pronouncement. 5. Maritime law. The declaration that a vessel is forfeited to the government, is a prize, or is unfit for service.

quick dispatch A speedy dispatch that does not strictly follow the customs of the port, esp. to avoid delays resulting from a crowded wharf.5. Maritime law. DISPATCH MONEY.

quick dispatch See DISPATCH.

quick ratio See QUICK-ASSET RATIO.

quick-asset ratio The ratio between an entity s current or liquid assets (such as cash and accounts receivable) and its current liabilities. - Also termed quick ratio; acid-test ratio.

quickening The first motion felt in the womb by the mother of the fetus, usu. occurring near the middle of the pregnancy.

quickie divorce See DIVORCE.

quickie divorce A fast divorce granted with minimal paperwork. Also termed quick divorce.

quickie strike See wildcat strike under STRIKE.

quickie strike See wildcat strike.

quick-take See qUick condemnation under CONDEMNATION (2).

quid actum est (kwid ak-tam est). [Latin]. What has been done.

quid juravit See QUID lURATUM EST.

quid juris? (kwid joor-is). [Latin] Scots law. What is the law?. This question was posed in difficult cases.

quid pro quo (kwid proh kwoh), n. [Latin "something for something"]. An action or thing that is exchanged for another action or thing of more or less equal value; a substitute <the discount was given as a quid pro quo for the extra business>. See RECIPROCITY (2). Cf. CONSIDERATION.

quid pro quo sexual harassment See SEXUAL HARASSMENT.

quid pro quo sexual harassmetlt Sexual harassment in which an employment decision is based on the satisfaction of a sexual demand.This type of harassment might occur, for example, if a boss fired or demoted an employee who refused to go on a date with the boss.

quid valet nunc (kwid yay-let nangk). [Latin]. What it is now worth.

quidam (kwi-dam), n. [Latin]. Somebody. This term has esp. been used in French law to deSignate a person whose name is unknown.

quidjuratum est (kwid juu-ray-tam est). (Law Latin]. What has been sworn. - Also termed quid juravit.

quiet 1. To pacify or silence (a person, etc.). 2. To make (a right, pOSition, title, etc.) secure or unassailable by removing disturbing causes or disputes.

quiet diplomacy See secret diplomacy under DIPLOMACY.

quiet enjoyment See ENJOYMENT.

quiet enjoyment The possession ofland with the assurance that the possession will not be disturbed by a superior title. See covenant for quiet enjoyment under COVENANT (4).

quieta non movere (kwi-ee-ta non moh-veer-ee). [Latin] Not to unsettle things that are established. See STARE DECISIS.

quietare (kwi-a-tair-ee), vb. [Law Latin]. To acquit, discharge, or hold harmless. - This term was used in conveyances.

quiete cIamantia (kwi-ee-tee kla-man-shee-a), n. [Law Latin]. Quitclaim.

quiete cIamare (kwi-ee-tee kla-mair-ee), vb. [Law Latin]. To quitclaim or renounce all pretensions of right and title.

quiet-title action See action to quiet title under ACTION.

quietus (kwi-ee-tas), adj. [Law Latin] Quit; acquitted; discharged, esp. from a debt or obligation, or from serving as an executor. In England, this term was formerly used by the Clerk of the Pipe, in a discharge given to an accountant, usu. concluding with abinde recess it quietus ("hath gone quit thereof"), called quietus est. 2. The removal of a judge from the bench.

quietus redditus (kwi-ee-tas red-a-tas). [Law Latin] See QUIT RENT.

Quinquaginta Decisiones See FIFTY DECISIONS.

quinquepartite (kwin[g]-kwa-pahr-tit). [Latin "in five parts"]. Consisting of five parts; divided into five parts.

quintal (kwin-tal). A weight of 100 pounds or 100 kilo¬grams. - Also termed kintal.

quintessential public forum See traditional public forum under PUBLIC FORUM.

quinto exactus (kwin-toh eg-zak-tas). [Latin "exacted the fifth time"]. A sheriff s return made after a defendant had been called to five county courts but failed to appear. The county coroners then ordered that the defendant be deprived of the benefits of the law. "And, if a non est inventus is returned upon all of them, a writ of exigent or exigi facias may be sued out, which requires the sheriff to cause the defendant to be proclaimed, required, or exacted, in five county courts succesSively, to render himself; and, if he does, then to take him, as in a capias: but if he does not appear, and is returned quinto exactus, he shall then be outlawed by the coroners of the county." 3 William Blackstone, Commentaries on the Laws of England 283 (1768).

Quiritarian (kwi-ra-tair-ee-an), adj. Roman law. (In the context of ownership, with the full right available to citizens) legal as opposed to equitable; LEGAL (3). Also termed Quiritary. Cf. BONITARIAN (1).

quit 1. To cease (an act, etc.); to stop <he didn t quit stalking the victim until the police intervened>. 2. To leave or surrender possession of (property) <the tenant received a notice to quit but had no intention of quitting the premises>.

quit adj. (Of a debt, obligation, or person) acquitted; free; discharged.

quit rent A payment to a feudal lord by a freeholder or copyholder, so called because upon payment the tenant goes "quit and free" (discharged) of all other services. Also spelled quitrent. Also termed quietus redditus.

quit rent See QUIT RENT.

quitclaim 1. A formal release of one s claim or right. 2. See quitclaim deed under DEED.

quitclaim 1. To relinquish or release (a claim or right). 2. To convey all of one s interest in (property), to whatever extent one has an interest; to execute a quitclaim deed.

quitclaim deed A deed that conveys a grantor's complete interest or claim in certain real property but that neither warrants nor professes that the title is valid. Often shortened to quitclaim. Also termed deed without covenants. Cf. warranty deed. "A quitclaim deed purports to convey only the grantor's present interest in the land, if any, rather than the land itself. Since such a deed purports to convey whatever interest the grantor has at the time, its use excludes any implication that he has good title, or any title at all. Such a deed in no way obligates the grantor. If he has no interest, none will be conveyed. If he acquires an interest after executing the deed, he retains such interest. If, however, the grantor in such deed has complete ownership at the time of executing the deed, the deed is suffiCient to pass such ownership. .. A seller who knows that his title is bad or who does not know whether his title is good or bad usually uses a quitclaim deed in conveying." Robert Kratovil, Real Estate Law49 (6th ed. 1974).

quittance 1. A release or discharge from a debt or obligation. 2. The document serving as evidence of such a release. See ACQUITTANCE.

quo animo (kwoh an-a-moh), adv. [Latin] With what intention or motive. See ANIMUS.

quo d.fr abbr. QUARE CLAUSUM FREGIT.

quo jure (kwoh joor-ee). [Law Latin "by what right"]. A writ for someone holding land to which another claimed a common, to compel the latter to prove title. See COMMON (1).

quo warranto (kwoh wa-ran-toh also kwoh wahr-an-toh). [Law Latin "by what authority"]. 1. A common-law writ used to inquire into the authority by which a public office is held or a franchise is claimed. Also termed writ ofquo warranto. 2. An action by which the state seeks to revoke a corporation s charter. The Federal Rules of Civil Procedure are applicable to proceedings for quo warranto to the extent that the practice in such proceedings is not set forth in statutes of the United States and has therefore conformed to the practice in civil actions." Fed. R. Civ. P. 81(a)(2). "There are two modes of proceeding judicially to ascertain and enforce the forfeiture of a charter for default or abuse of power. The one is by scire facias: and that process is proper where there is a legal existing body, capable of acting, but who have abused their power. The other mode is by information in the nature of a quo warranto; which is in form a criminal, and in its nature a civil remedy: and that proceeding applies where there is a body corporate de facto only, but who take upon themselves to act, though, from some defect in their constitution, they cannot legally exercise their powers. Both these modes of proceeding are at the instance of and on behalf of the government. The state must be a party to the prosecution, for the judgment is that the parties be ousted, and the franchises seised into the hands of the government." 2 James Kent, Commentaries on American Law *313 (George Comstock ed., 11th ed. 1866). Quo warranto means by what warrant? - or authority? and was a proceeding to inquire whether authority existed to justify or authorize certain acts of a public character or interest.

quoad (kwoh-ad). [Latin] As regards; with regard to <with a pledge, the debtor continues to possess quoad the world at large>.

quoad civilia (kwoh-ad sa-vil-ee-a). [Latin]. With regard to civil rights and benefits.

quoad creditorem (kwoh-ad kred-i-tor-am). [Latin]. With regard to the creditor.

quoad debitorem (kwoh-ad deb-i-tor-am). [Latin]. With regard to the debtor.

quoad excessum (kwoh-ad ek-ses-am). [Latin]. With regard to the excess. "Where a husband makes a postnuptial provision in favour of his wife commensurate with his circumstances and natural duty, it is not subject to revocation by him as a donation. But if the provision be immoderate, it may be revoked quoad excessum, in so far as it is excessive." John Trayner, Trayner s Latin Maxims 525-26 (4th ed. 1894).

quoad hoc (kwoh-ad hok). [Latin]. As to this; with respect to this; so far as this is concerned. A prohibition quoad hoc is a prohibition of certain things among others, such as matters brought in an ecclesiastical court that should have been brought in a temporal court.

quoad maritum (kwoh-ad ma-ri-tam). [Latin]. With regard to the husband.

quoad mobilia (kwoh-ad moh-bil-ee-a). [Latin]. With regard to movable property.

quoad non executa (kwoh-ad non ek-sa-kyoo-ta). [Law Latin] Scots law. With regard to the acts not done. A second executor may be appointed quoad non executa upon the death of the first.

quoad potest (kwoh-ad poh-test). [Latin]. Insofar as one is able.

quoad reliquum (kwoh-ad rel-a-kwam). [Latin). With regard to the remainder. "When a debtor, in an action brought against him by his creditor, pleads compensation to a certain extent of the debt sued for, quoad the sum due to him, , the creditor right of action falls; but quoad reliquum, after making deduction of the sum pled in compensation, the creditor right of action remains." John Trayner, Trayner Latin Maxims 526 (4th ed. 1894).

quoad sacra (kwoh-ad say-kra). [Latin] As to sacred things; for religious purposes. This term often referred to property that was located so far from the parish to which it belonged that it was annexed quoad sacra to another parish, allowing the inhabitants to attend the closer parish services. But the land continued to belong to the original parish for all civil purposes.

quoad ultra (kwoh-ad al-tra). [Law Latin]. With regard to the rest. This reference was commonly used in pleading when a defendant admitted part of the plaintiff s claim and quoad ultra denied it.

quoad valet seipsum (kwoh-ad yay-let see-ip-sam). [Latin]. With regard to its real value.

quoad valorem (kwoh-ad va-lor-am). [Latin]. With regard to the value.

quoadfiscum (kwoh-ad fis-kam). [Latin]. With regard to the fisc; as regards the Crown s rights.

quocumque modo velit, quocumque modo possit (kwoh¬kam-kwee moh-doh vel-it, kwoh-kilm-kwee moh-doh pahs-it). [Latin] In any way he wishes; in any way he can.

quod billa cassetur (kwod bil-a ka-see-tar), n. [Latin "that the bill be quashed"] The common-law form of a judgment sustaining a plea in abatement that proceeds from a bill instead of an original writ. See CASSETUR BILLA.

quod clerici non eligantur in officio ballivi, etc. (kwod kler-a-si non ela}-gan-tar in a-fish-ee-oh bal-li-vi), n. [Law Latin "that clerks are not chosen in the office of a bailiff, etc."]. A writ exempting a clerk, who was to be appointed as a bailiff, beadle, reeve, or other officer, from serving in the office.

quod computet (kwod kom-pya-tet). [Law Latin "that he account"). The first judgment in an action of account, req~iring the defendant to give an accounting before audItors. Also termed judgment quod computet. "In this action, if the plaintiff succeeds, there are two judgments: the first is, that the defendant do account (quod computet) before auditors appointed by the court; and, when such account is finished, then the second judgment is, that he do pay the plaintiff so much as he is found in arrear: 3 William Blackstone, Commentaries on the Laws of England 163 (1768).

quod cum (kwod kam). [Law Latin). For that; whereas.In common-law pleading, this phrase introduced expla- nations for the claims alleged, as in assumpsit actions.

quod ei deforceat (kwod ee-i di-for-see-at), n. [Law Latin "that he deforces him"] Hist. A writ allowed by St. Westm. 2, 13 Edw., ch. 4 for the owners of a particular estate (such as a life estate or fee tail) who had lost land unwittingly by default in a possessory action. - Up to that time, only owners in fee simple could recover property after such a default.

quod erat demonstrandum (kwod er-at dem-an-stran-dam). See Q.E.D.

quod erat faciendum (kwod er-at fay-shee-en-dam). See Q.E.P.

quod jussu (kwod jas-[y]oo). [Latin "which was done by order"] Roman law. See actio quod jussu under ACTIO.

quod non fuit negatum (kwod non f[y]oo-it ni-gay¬tam). [Law Latin] . Which was not denied. This phrase usu. signifies that an argument or proposal is not denied or controverted by the court.

quod nota (kwod noh-ta). [Latin]. Which note; which mark. This is a reporter s note directing attention to a point or rule.

quod partes repladtent (kwod pahr-teez ri-plas-i-tant), n. [Law Latin "that the parties do replead"]. Ihe judgment ordering repleader when an issue is formed on so immaterial a point that the court does not know for whom to give a judgment. The parties must then reconstruct their pleadings.

quod partitio fiat (kwod pahr-tish-ee-oh fi-at). [Latin "that partition be made"] Hist. In a partition suit, a judgment granting the partition.

quod permittat (kwod par-mit-it), n. [Latin "that he permit"]. A writ to prevent an interference in the exercise ofa right, such as a writ for the heir of someone disseised of a common of pasture against the heir of the disseisor.

quod permittat prosternere (kwod par-mit-it proh-star¬na-ree), n. [Law Latin "that he permit to abate"]. A writ to abate a nuisance, similar in nature to a petition of right. _ This writ was abolished by the Real Property Limitation Act of 1833. "This is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere. the nuisance complained of; and, unless he so permits, to summon him to appear in court, and shew cause why he will not. And this writ lies as well for the alienee of the party first injured, as against the alienee of the party first injuring; as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant." 3 William Blackstone, Commentaries on the Laws of Eng/and 222 (1768),

quod recuperet (kwod ri-k[y]oo-par-it), n. [Law Latin "that he do recover"). The ordinary judgment for a plaintiff in an action at law. The judgment might be either final or interlocutory depending on whether damages had been ascertained at the time the judgment was rendered. Also termed judgment quod recuperet.

quod si contingat (kwod si kon-ting-at). [Law Latin]. That if it happen. These words were used to create a condition in a deed.

quod vide (kwod vi-dee or vee-day). See Q.V.

quod voluit non dixit (kwod vol-yoo-it non dik-sit). [Latin]. That he did not say what he intended. This phrase was sometimes used in an argument concerning the intention of a lawmaker or testator.

quodammodo jurisdiction is voluntariae (kwoh-dam¬a-doh joor-is-dik-shee-oh-nis vol-an-tair-ee-ee). [Law Latin]. Belonging in some measure to voluntary jurisdiction.

quodfuit concessum (kwod f[y)oo-it kan-ses-am). [Law Latin] Which was granted. This phrase was used in old reports to indicate that an argument or point made by counsel was approved or allowed by the court.

quominus (kwoh-ma-nas or kwoh-mi-nas). [Latin quo minus "by which the less"). A 14th-century Exchequer writ alleging that the plaintiff had lent the defendant a sum of money and that the plaintiff was unable to repay a debt of similar amount to the Crown because of the debt to the defendant. In effect, the plaintiff pleaded the fiction that he was a debtor of the king who could not repay that debt because of the defendant s failure to repay him. Also termed writ ofquominus. "[W)hat in the beginning had been permitted as a means of collecting the royal revenue came in the end to be nothing more or less than permitting any citizen to sue in the court of the king in order to collect a private debt. The old pretense that the matter concerned the royal revenue had to be kept up, and accordingly A had to allege that he was less able to pay the king when his debtors would not pay him. But everyone, even the court itself, recognized this as a mere fiction, and that since the suit was in fact between A and B, B was not permitted to bring in other matters, such for example as a defense on the ground that A did not actually owe any taxes to the crown. This fiction came to be known as the quo minus fiction, because these were the Latin words used in the litigation, which meant that A was less able to pay the king." Charles Herman Kinnane, A First Book on Anglo-American Law 265-66 (2d ed. 1952).

quomodo constat (kwoh-ma-doh kon-stat). [Latin]. As it appears (from the record, the pleadings, etc.).

quomodo desiit possidere (kwoh-ma-doh des-ee-it pos¬it-dee-ree). [Law Latin]. Scots law. In what way he ceased to possess. In an action to reclaim possession, the plaintiff was required to prove previous possession and quomodo desiit possidere (as by theft, etc.).

quondam (kwon-dam), adj. Having been formerly; former <the quondam ruler>.

quondam Archaic. A person who once held an office or a position, esp. one who was involuntarily removed or deposed.

quorum Parliamentary law. The minimum number of members (usu. a majority of all the members) who must be present for a deliberative assembly to legally transact business. PI. uorums.