The name of a writ. In England, when the king's debtor is sued in the court of the exchequer, he may sue out a writ of quo minus, in which he suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficiens existit, by which he is less able to pay the king's debt. This was originally requisite in order to give … [Read more...]
QUOD NON APPARET NON EST
Latin, meaning What does not appear, is not. … [Read more...]
QUO WARRANTO
(A) Latin term meaning by what warrant? This refers to a legal procedure undertaken to cause a person or organization to (i) cease its efforts or activities with regard to performing some act for which it may not have the legal right or authority and to (ii) state what right or authority it has to perform such actions. (B) remedies. By what authority or warrant. The name of a … [Read more...]
QUOAD HOC
Latin: As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad these matters issued, i.e.t as to such matters the party was prohibited from … [Read more...]
QUOAD SACRA
Latin: As to sacred things; for religious purposes. Qnocnmque modo velit; qnocnmqne modo possit. In any way he wishes; in any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492. Quod a qnoque poense nomine exactnm est id eidem restituexe nemo cogitnr. That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46. Quod ab initio non valet in tractn … [Read more...]