. The rule that a
governmental entity (such as a state or municipality)
cannot be held liable for an individual plaintiff's injury
resulting from a governmental officer's or employee's
breach ofa duty owed to the general public rather than
to the individual plaintiff. Also termed public-duty
rule. See SPECIAL-DUTY DOCTRINE. [Cases: Municipal
Corporations C=>723.]
public easement. See EASEMENT.
public enemy. See E)<EMY.
public entity. See ENTITY.
public-exchange offer. See OFFER.
public fact. See FACT.
public figure. (1871) A person who has achieved fame
or notoriety or who has voluntarily become involved
in a public controversy . A public figure (or public
official) suing for defamation must prove that the
defendant acted with actual malice. New York Times
Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964). Also
termed public character. [Cases: Libel and Slander
48(1).]
all-purpose public figure. A person who achieves such
pervasive fame or notoriety that he or she becomes
a public figure for all purposes and in all contexts .
For example, a person who occupies a position with
great persuasive power and influence may become an
all-purpose public figure whether or not the person
actively seeks attention. Gertz v. Robert Welch, Inc.,
418 U.S. 323,345,94 S.Ct. 2997, 3009 (1974). [Cases:
Libel and Slander C=>48(1).]
limited-purpose public figure. (1979) A person who,
haVing become involved in a particular public issue,
has achieved fame or notoriety only in relation to
that particular issue. [Cases: Libel and Slander
48(1).]
public forum. (1935) Constitutional law. A public place
where people traditionally gather to express ideas and

1350 public-function doctrine
exchange views . To be constitutional, the govern
ment's regulation of a public forum must be narrowly
tailored to serve a significant government interest and
must usu. be limited to time-place-or-manner restric
tions. -Also termed open forum. See TIME-PLACE-OR
MANNER RESTRICTION. Cf. NONPUBLIC FORUM. [Cases:
Constitutional Law c>1732.]
''IT]raditional public fora are open for expressive activity
regardless of the government's intent. The objective char
acteristics of these properties require the government to
accommodate private speakers. The government is free
to open additional properties for expressive use by the
general public or by a particular class of speakers, thereby
creating designated public fora. Where the property is not
a traditional public forum, the property is either a nonpub
lie forum or not a forum at aiL" Arkansas Educ. Television
Comm'n v. Forbes, 523 U.S. 666, 678,118 S.Ct. 1633, 1641
(1998).
designated public forum. (1985) Public property that
has not traditionally been open for public assembly
and debate but that the government has opened for
use by the public as a place for expressive activity,
such as a public-university facility or a publicly owned
theater.  Unlike a traditional public forum, the gov
ernment does not have to retain the open character of
a designated public forum. Also, the subject matter of
the expression permitted in a designated public forum
may be limited to accord with the character of the
forum; reasonable, content-neutral time, place, and
manner restrictions are generally permissible. But any
prohibition based on the content of the expression
must be narrowly drawn to effectuate a compelling
state interest, as with a traditional public forum.
Also termed limited public forum; nontraditional
public forum. [Cases: Constitutional Law C:":' 1744.]
traditional public forum. (1973) Public property that
has by long tradition -as opposed to governmental
designation -been used by the public for assembly
and expression, such as a public street, public
sidewalk, or public park.  To be constitutional, the
government's content-neutral restrictions ofthe time,
place, or manner of expression must be narrowly
tailored to serve a significant government interest,
and leave open ample alternative channels of com
munication. Any government regulation of expres
sion that is based on the content of the expression
must meet the much higher test of being necessary
to serve a compelling state interest. -Also termed
quintessential public forum. [Cases: Constitutional
Law 1736J
public-function doctrine. See PUBLIC-FUNCTION TEST.
public-function rationale. See GOVERNMENTAL-FUNC
TION THEORY.
public-function test. (1966) In a suit under 42 USCA
 1983, the doctrine that a private person's actions con
stitute state action ifthe private person performs func
tions that are traditionallv reserved to the state. -Also
termed public-function d;ctrine; public-function theory.
[Cases: Civil Rights c>1326(4,7).]
public fund. See FUND (1). public grant. See PATENT (2).
public ground. See public land under LAND.
public health. See HEALTH.
Public Health Service. The combined offices and units
ofthe U.S. Department ofHealth and Human Services
responsible for promoting the physical and mental
health ofAmerican citizens.
public hearing. See HEARING.
public highway. See HIGHWAY.
public house. 1. Archaic. An inn. 2. A tavern where alco
holic beverages may be bought and consumed on the
premises . The British term pub is an abbreviation
of public house. Also termed (in sense 2) tippling
house.
publici juris (p<lb-li-sI joor-is), adj. [Latin] Of public
right; of importance to or available to the public <a
city holds title to its streets as property publici juris>
<words that are in general or common use and that
are merely descriptive are publici juris and cannot be
appropriated as a trademark>.
public improvement. See IMPROVEMENT.
public injury. See INJURY.
public institution. See INSTITUTION (3).
public instrument. See PUBLIC WRITING.
public interest. (16c) 1. The general welfare ofthe public
that warrants recognition and protection. 2. Some
thing in which the public as a whole has a stake; esp.,
an interest that justifies governmental regulation.
public-interest exception. (1957) The principle that
an appellate court may consider and decide a moot
case -although such decisions are generally prohib
ited -if(1) the case involves a question of considerable
public importance, (2) the question is likely to arise in
the future, and (3) the question has evaded appellate
review. [Cases: Appeal and Error C=781(1); Federal
Courts C:)723.]
public-interest law. Legal practice that advances social
justice or other causes for the public good, such as envi
ronmental protection . Although public-interest law
primarily encompasses private not-for-profit work, the
term is sometimes used to include the work of gov
ernment agencies such as public-defender offices. Cf.
CAUSE LAWYERING; social justice under JUSTICE.
public-interest lawyer. See LAWYER.
public international law. See INTERNATIO:-lAL LAW.
public intoxication. See INTOXICATION.
public invitee. See INVITEE.
publicist.!. A public-relations specialist. 2. An inter
national-law scholar . The term applies to scholars of
both public and private international law.
public-key encryption. See KEY ENCRYPTION.
public land. See LAND.
public law. (16c) 1. The body oflaw dealing with the rela
tions between private individuals and the government,

1351
andwith the structure and operation ofthe government
itself; constitutional law, criminal law, and administra
tive law taken together. Cf. PRIVATE LAW (1). 2. A statute
affecting the general public . Federal public laws are
first published in Statutes at Large and are eventually
collected by subject in the u.s. Code. Abbr. Pub. L.;
P.L. -Also termed public statute (abbr. P.S.); general
statute; (esp. in BrE) public act. Cf. general law (1) under
LAW; general act and public act under ACT (3). [Cases:
Statutes ~'::.'68.] 3. Constitutional law.
public-lending right. Copyright. In the U.K. and some
other countries, the right of an author to a royalty for
works that are lent out by a public library.
public-liability insurance. See liability insurance under
INSDRANCE.
publicly held corporation. See public corporation (1)
under CORPORATION.
publicly traded partnership. See PARTNERSHIP.
public market. See MARKET.
public-meeting law. See SUNSHINE LAW.
public minister. See MINISTER.
public morality. See MORALITY.
public necessity. See NECESSITY.
public notice. See NOTICE.
public nuisance. See NUISANCE.
public offense. See OFFENSE (1).
public offer. See offer to all the world under OFFER.
public offering. See OFFERING.
public office. A position whose occupant has legal
authOrity to exercise a government's sovereign powers
for a fixed period. [Cases: Officers and Public Employ
ees LJ
public official. See OFFICIAL (1).
public passage. A right held by the public to pass over a
body ofwater, whether the underlying land is publicly
or privately owned. [Cases: Navigable Waters (;=>15.]
public-performance right. See PERFORMANCE RIGHTS.
public person. A sovereign government, or a body or
person delegated authority under it.
public place. Any location that the local, state, or national
government maintains for the use of the public, such
as a highway, park, or public building. [Cases: Munici
pal Corporations (;=>721; States ~-:;'88; United States
G'-::::57.J
public policy. (l6c) 1. Broadly, principles and standards
regarded by the legislature or by the courts as being
offundamental concern to the state and the whole of
society. Courts sometimes use the term to justify their
decisions, as when declaring a contract void because it
is "contrary to public policy." -Also termed policy of
the law. [Cases: Contracts (;=>108.]
"The policy of the law, or public policy, is a phrase of
common use in estimating the validity of contracts. Its
history is obscure; it is most likely that agreements which
tended to restrain trade or to promote litigation were the public safety
first to elicit the principle that the courts would look to
the interests of the public in giving efficacy to contracts.
Wagers, while they continued to be legal, were a frequent
provocative of judicial ingenuity on this point, as is suf
ficiently shown by the case of Gilbert v. Sykes [16 East 150
(1812)J ... : but it does not seem probable that the doctrine
of public policy began in the endeavor to elude their
binding force. Whatever may have been its origin, it was
applied very frequently, and not always with the happiest
results, during the latter part of the eighteenth and the
commencement of the nineteenth century. Modern deci
sions, however, while maintaining the duty of the courts to
conSider the public advantage, have tended more and more
to limit the sphere within which this duty may be exer'
cised." William R. Anson, Principles ofthe Law ofContract
286 (Arthur L Corbin ed., 3d Am. ed. 1919).
2. More narrowly, the principle that a person should
not be allowed to do anything that would tend to injure
the public at large.
public-policy limitation. (1961) Tax. A judicially devel
oped principle that a person should not be allowed to
deduct expenses related to an activity that is contrary
to the public welfare . This principle is reflected in
the Internal Revenue Code's specific disallowance
provisions (such as for kickbacks and bribes). [Cases:
Internal Revenue ("':=)3368.]
public pond. See GREAT POND.
public power. See POWER (3).
public property. See PROPERTY.
public prosecutor. 1. See DISTRICT ATTORNEY. 2. See
PROSECUTOR (1).
public purpose. (18c) An action by or at the direction
ofa government for the benefit ofthe community as a
whole. [Cases: Municipal Corporations (;=>861.]
public record. See RECORD.
public-records doctrine. The principle, applicable in
many states, that a third person acquiring or inter
ested in real or immovable property may rely on the
face ofrelevant public records and need not investigate
further for unrecorded interests. [Cases: Vendor and
Purchaser (;=>231.]
public-records exception. The exception from the
hearsay rule for the contents of certain public records
or the absence of a record where it would ordinarily
be kept in public archives. Fed. R. Evid. 803(8)-(10).
[Cases: Criminal Law (;=>429; Evidence (;=>325-337.]
public relations. 1. The business of creating or main
taining a company's goodwill or good public image.
2. A company's existing goodwill or public image.
Abbr. PR.
public reprimand. See REPRIMAND.
public revenue. See REVENUE.
public right. See RIGHT.
public right-of-way. See RIGHT-OF-WAY.
public safety. (16c) The welfare and protection of the
general public, usu. expressed as a governmental
responsibility <Department ofPublic Safety>. [Cases:
Municipal Corporations (:=>595.]

1352 public-safety exception
public-safety exception. (1984) Evidence. An exception
to the Miranda rule, allowing into evidence an other
wise suppressible statement by a defendant concerning
information that the police needed at the time it was
made in order to protect the public. _ If, for example,
a


concerning
information that the police needed at the time it was
made in order to protect the public. _ If, for example,
a victim tells the police that an assailant had a gun,
and upon the suspect's arrest the police find a holster
but no gun, they would be entitled immediately to ask
where the gun is. Under the public-safety exception,
the suspect's statement of the gun's location would be
admissible. [Cases: Criminal Law (;:::>412.2(3).]
public sale. See SALE.
public school. See SCHOOL.
public seal. See SEAl..
public sector. (1934) The part of the economy or an
industry that is controlled by the government. Cf.
PRIVATE SECTOR.
public security. See SECURITY.
public service. (16c) 1. A service provided or facilitated
by the government for the general public's convenience
and benefit. 2. Government employment; work per
formed for or on behalf of the government. 3. Broadly,
any work that serves the public good, including govern
ment work and public-interest law. [Cases: Officers and
Public Employees (;:::> 1.]
public-service commission. See COMMISSION (3).
public-service corporation. See CORPORATION.
public servitude. See SERVITUDE (2).
public session. See open session under SESSION (1).
public statute. 1. See general statute under STATlJTE. 2.
See PUBLIC LAW (2).
public stock. See STOCK.
public store. See STORE.
public tort. See TORT.
public trial. See TRIAL.
public, true, and notorious. Hist. Eccles. law. The con
cluding words of each allegation in a court petition.
public trust. See charitable trust under TRUST.
public-trust doctrine. The principle that naVigable
waters are preserved for the public use, and that the
state is responsible for protecting the public's right to
the use. [Cases: Navigable Waters G=>2.]
publicum jus (pab-li-kdm j;}s). [Latin] See JUS PUBLI
CUM.
public use. See USE (1).
public-use bar. Patents. A statutory bar that prevents the
granting of a patent for an invention that was publicly
used or sold in the United States more than one year
before the application date. 35 USCA  102(b). _ The
doctrine can be invoked for any public use, any com
mercial use, any sale or offer of sale, or any private
transfer made without a pledge ofsecrecy. Cf. PRIVATE
USE EXCEPTIO~. -Also termed prior-use bar. [Cases:
Patents public-use proceeding. Patents. An investigation into
whether a patent is barred because the invention was
publicly used or sold more than a year before the
application was filed. -Rarely used, this procedure is
instituted upon a petition by someone protesting the
application. Ifthe petition and supporting documents
make out a prima facie case, the examiner will hold a
hearing and issue a final decision, which is not review
able. 37 CFR 1.292. -Abbr. PUP. Cf. PROTEST. [Cases:
Patents
public utility. See UTILITY.
public utility district. See municipal utility district under
DISTRICT.
Public Utility Holding Company Act. A federal law
enacted in 1935 to protect investors and consum
ers from the economic disadvantages produced by
the small number ofholding companies that owned
most of the nation's utilities. -The Act also sought to
protect the public from deceptive security advertising.
15 USCA  79 et seq. Abbr. PUlfCA. [Cases: Public
Utilities (;:::>211-216.]
public verdict. See VERDICT.
public vessel. See VESSEL.
Public Vessels Act. A federal law enacted in 1925 to allow
claims against the United States for damages caused by
one of its vessels. 46 USCA app.  781-90. Abbr.
PVA. [Cases: United States (;:::>78(7).]
public war. See WAR.
public water. See WATER.
public welfare. See WELFARE (1).
public-welfare offense. See OFFENSE (1).
public wharf. See WHARF.
public works. See WORKS.
public worship. See WORSHIP.
public writing. 1. The written acts or records ofa govern
ment (or its constituent units) that are not constitution
ally or statutorily protected from disclosure. -Laws
and judicial records, for example, are public writings.
A private writing that becomes part of a public record
may be a public writing in some circumstances. [Cases:
Records (;:::>54.] 2. Rare. A document prepared by a
notary public in the presence of the parties who sign it
before witnesses. Also termed (in both senses) public
instrument; (in sense 2) escritura publica.
public wrong. See WRONG.
publish, vb. (14c) 1. To distribute copies (of a work) to
the public. 2. To communicate (defamatory words) to
someone other than the person defamed. See INTENT
TO PUBLISH. [Cases: Libel and Slander (;=-'23.] 3. To
declare (a will) to be the true expression of one's tes
tamentary intent. [Cases: Wills (;:~" 119.] 4. To make
(evidence) available to a jury during trial. See PUBLI
CATION.
PUc. abbr. Public Utilities Commission.

1353
pun. abbr. 1. PLANNED-UNIT DEVELOPMENT. 2. See
municipal utility district under DISTRICT.
pudzeld. See WOOD-GELD.
pueblo (pweb-loh). [Spanish] A town or village, esp. in
the southwestern United States.
puer (Pyoo-<"lr), n. [Latin] Roman law. 1. A child, esp. a
boy. 2. A male slave. PI. pueri (pyoor-I).
puerility (Pyoo-<"l-ril-Cl-tee or pyuu-ril-<"l-tee). Civil law.
A child's status between infancy and puberty.
pueritia (Pyoo-<"l-rish-ee-<"l), n. [Latinl Roman law. Child
hood, esp. up to the age of 17, the minimum age for
pleading before a magistrate. Cf. AETAS INFANTIAE
PROXIMA; AETAS PUBERTATI PROXIMA.
puffer. See BY-BIDDER.
puffing. (18c) 1. The expression of an exaggerated
opmlOn as opposed to a factual misrepresenta
tion -with the intent to sell a good or service.
Puffing involves expressing opinions, not asserting
something as a fact. Although there is some leeway in
puffing goods, a seller may not misrepresent them or
say that they have attributes that they do not possess.
Also termed puffery; sales puffery; dealer's talk. [Cases:
Contracts (>94(7); Sales (>38(3),261(5).]
"'Dealer's puffing,' so long as it remains in the realm of
opinion or belief, will not support a conviction of false
pretenses however extravagant the statements." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 369 (3d ed.
1982).
2. Secret bidding at an auction by or on behalf of a
seller; BY-BIDDING.
Pugh clause. Oil 6-gas. A provision in an oil-and
gas lease modifying the effect ofmost lease-pooling
clauses by severing pooled portions of the lease from
unpooled portions of the lease. -Drilling or produc
tion on a pooled portion will not maintain the lease
for the unpooled portions. The clause is named for
Lawrence G. Pugh, an attorney from Cowley, Louisi
ana, who drafted the first version in 1947. In Texas it is
termed a Freestone rider. See POOLING. [Cases: Mines
and Minerals (>78.1(7).]
PUHCA. abbr. PUBLIC UTILITY HOLDING COMPANY
ACT.
puis (pwis or pwee). [Frenchl Afterwards; since.
puis darrein continuance (pwis dar-ayn bn-tin-yoo
ants). [Law French "since the last continuance"] See
plea puis darrein continuance under PLEA (3).
puisne (pyoo-nee), adj. [Law French] (16c) Junior in
rank; subordinate.
puisne judge. See JUDGE.
puisne mortgage. See junior mortgage under
MORTGAGE.
Pullman abstention. See ABSTENTION.
pulsare (pa]-sair-ee), vb. [Latin] Civil law. To accuse or
charge; to proceed against at law.
pulsator (pal-say-t<"lr). Civil law. A plaintiff or actor. punishment
pumping unit. Oil & gas. Equipment used to pump oil
to the surface when the pressure difference between
the formation and the borehole is not strong enough
to cause oil to rise to the surface. Also termed
pumpjack; horsehead.
pumpjack. See PUMPING UNIT.
punctum temporis (pangk-t<"lm tem-pa-ris). [Latin] A
point oftime; an instant.
punies (pyoo-neez). Slang. Punitive damages. See
punitive damages under DAMAGES.
punishable, adj. (15c) 1. (Of a person) subject to a pun
ishment <there is no dispute that Jackson remains pun
ishable for these offenses>. 2. (Of a crime or tort) giving
rise to a specified punishment <a felony punishable by
imprisonment for up to 20 years>. punishability,
n.
punishment, n. (l5c) 1. A sanction -such as a fine,
penalty, confinement, or loss ofproperty, right, or priv
ilege -assessed against a person who has violated the
law. See SENTENCE.
"Punishment in all its forms is a loss of rights or advantages
consequent on a breach of law. When it loses this quality
it degenerates into an arbitrary act of Violence that can
produce nothing but bad social effects." Glanville Williams,
Criminal Law 575 (2d ed. 1961).
"In the treatment of offenders there is a clear and unmis'
takable line of division between the function of the judge
and that of the penologist. I should modify that: the law
is clear only if it is first made clear in what sense the word
'treatment' is being used. For in this context the word can
be used in two senses, one wide and the other narrow. Let
me take the wide meaning first. The object of a sentence
is to impose punishment. For 'punishment', a word which
to many connotes nothing but retribution, the softer word
'treatment' is now frequently substituted; this is the wider
meaning. The substitution is made, I suppose, partly as a
concession to the school which holds that crime is caused
by mental Sickness, but more justifiably as a reminder that
there are other methods of dealing with criminal tenden
cies besides making the consequences of crime unpleas
ant." Patrick Devlin, The Judge 32-33 (1979).
capital punishment. See CAPITAL PUNISHMENT.
collective punishment. See COLLECTIVE PUNISH
MENT.
corporal punishment. (16c) Physical punishment; pun
ishment that is inflicted upon the body (including
imprisonment). [Cases: Sentencing and Punishment
(>1524, 1525.]
'Past forms of corporal punishment included branding,
blinding, mutilation, amputation, and the use of the
pillory and the stocks. It was also an element in such
violent modes of execution as drowning, stoning, burning,
hanging. and drawing and quartering .... In most parts
of Europe and in the United States, such savage penalties
were replaced by imprisonment during the late eighteenth
and early nineteenth centuries, although capital punish
ment itself remained. Physical chastisement became less
frequent until, in the twentieth century, corporal punish
ment was either eliminated as a legal penalty or restricted
to beating with a birch rod, cane, whip, or other scourge.
In ordinary usage the term now refers to such penal flag
ellation." Gordon Hawkins, "Corporal Punishment," in 1
Encyclopedia of Crime and Justice 251, 251 (Sanford H.
Kadish ed., 1983).

punitive 1354
cruel and unusual punishment. (17c) Punishment
that is torturous, degrading, inhuman, grossly dis
proportionate to the crime in question, or otherwise
shocking to the moral sense of the community .
Cruel and unusual punishment is prohibited by the
Eighth Amendment. [Cases: Sentencing and Punish
ment (:::::> 1430-1607.]
cumulative punishment. (1842) Punishment that
increases in severity when a person is convicted of
the same offense more than once.
deterrent punishment. (1896) 1. Criminal law. Punish
ment intended to deter the offender and others from
committing crimes and to make an example of the
offender so that like-minded people are warned of
the consequences ofcrime. [Cases: Sentencing and
Punishment (:::::>41.] 2. Torts. Punishment intended
to deter a tortfeasor from repeating a behavior or
failing to remove a hazard that led to an injury .
Punitive damages are usu. awarded as a deterrent
punishment.
excessive punishment. (17c) Punishment that is not jus
tified by the gravity of the offense or the defendant's
criminal record. See excessive fine (1) under FINE (5).
[Cases: Sentencing and Punishment (:::::> 32.]
infamous punishment. (16c) Punishment by impris
onment, usu. in a pen


32.]
infamous punishment. (16c) Punishment by impris
onment, usu. in a penitentiary. See infamous crime
under CRIME.
nonjudicial punishment. Military law. A procedure
under which a commanding officer levies punish
ment against a minor offender who is subject to the
Uniform Code ofMilitary Justice . In the Navy and
Coast Guard, nonjudicial punishment is termed cap
tain's mast; in the Marine Corps, it is termed office
hours; and in the Army and Air Force, it is referred to
as Article 15. Nonjudicial punishment is not a court
martial. [Cases: Armed Services (;:::>39; Military
Justice C::>525.]
preventive punishment. (1893) Punishment intended
to prevent a repetition ofwrongdOing by disabling
the offender. [Cases: Sentencing and Punishment C'-:::>
42.]
reformative punishment. (1919) Punishment intended
to change the character ofthe offender. [Cases: Sen
tencing and Punishment
retributive punishment. (1887) Punishment intended
to satisfy the community's retaliatory sense ofindig
nation that is provoked by injustice. [Cases: Sentenc
ing and Punishment C-~44.]
"The fact that it is natural to hate a criminal does not prove
that retributive punishment is justified." Glanville Williams,
The Sanctity ofLife and the Criminal Law 60 (1957).
2. Family law. A negative disciplinary action adminis
tered to a minor child by a parent. [Cases: Parent and
Child C=2.5.]
punitive, adj. (16c) InvolVing or int1icting punish
ment. Also termed punitory. punitive articles. Articles 77-134 ofthe lIniform Code
ofMilitary Justice . These articles list the crimes in the
military-justice system. [Cases: Armed Services (:::::>35;
Military Justice (:::::>550-789.]
punitive damages. See DAMAGES.
punitive isolation. See punitive segregation under SEG
REGATION (1).
punitive segregation. See SEGREGATION.
punitive statute. See penal statute under STATUTE.
punitory. See PUNITIVE.
punitory damages. See punitive damages under
DAMAGES.
PUP, abbr. See PUBLIC-USE PROCEEDING.
pupil. Scots & civil law. A person who has not reached or
completed puberty. See MINORITY (1).
pupillarity (pyoo-pi-lair-d-tee). Scots & Civil law. The
stage ofa person's life that spans from infancy through
puberty.
pupillary substitution (Pyoo-pd-Ier-ee). See SUBSTITU
TION (5).
pupillus (pyoo-pil-ds), n. [Latin] Roman law. A child
under the age ofpuberty and under the authority of a
sui juris tutor. See TUTELA.
pur (pdr or poor). [Law French] By; for.
pur autre vie (par oh-tr;:! [or oh-tdr] vee). [Law French
"for another's life"] For or during a period measured
by another's life <a life estate pur autre vie>. Also
spelled per autre vie.
purchase, n. (lSc) 1. The act or an instance of buying.
2. The acquisition of real property by one's own or
another's act (as by will or gift) rather than by descent
or inheritance. [Cases: Vendor and Purchaser
Cf. DESCENT (1). -purchase, vb.
compulsory purchase. Rare. See EMINENT DOMAIN.
purchase, words of. See WORDS OF PURCHASE.
purchase accounting method. See ACCOUNTING
METHOD.
purchase agreement. (1909) A sales contract. Cf. REPUR
CHASE AGREEMENT.
blanket purchase agreement. See BLANKET ORDER
(3).
purchase money. (17c) The initial payment made on
property secured by a mortgage. [Cases: Mortgages
(;:::>115.]
purchase-money interest. See purchase-money security
interest under SECURITY INTEREST.
purchase-money mortgage. See MORTGAGE.
purchase-money resulting trust. See TRUST.
purchase-money security interest. See SECURITY
INTEREST.
purchase order. (1916) A document authorizing a seller
to deliver goods with payment to be made later.
Abbr. P.O. [Cases: Sales (:::::>23(1).]

1355
blanketpurchase order. See BLANKET ORDER (3).
purchaser. (14c) 1. One who obtains property for money
or other valuable consideration; a buyer.
affiliated purchaser. Securities. Any of the following:
(1) a person directly or indirectly acting in concert
with a distribution participant in connection with the
acquisition or distribution of the securities involved;
(2) an affiliate who directly or indirectly controls the
purchases of those securities by a distribution par
ticipant, or whose purchases are controlled by such a
participant, or whose purchases are under common
control with those of such a participant; (3) an affili
ate, who is a broker or a dealer (except a broker-dealer
whose business consists solely of effecting transac
tions in "exempted securities," as defined in the
Exchange Act); (4) an affiliate (other than a broker
dealer) who regularly purchases securities through
a broker-dealer, or otherwise, for its own account or
for the account ofothers, or recommends or exercises
investment discretion in the purchase or sale ofsecu
rities (with certain specified exceptions). SEC Rule
lOb-lS(a)(2) (17 CFR  240.lOb-lS(a)(2.
bonafide purchaser. (1Sc) One who buys something
for value without notice of another's claim to the
property and without actual or constructive notice
of any defects in or infirmities, claims, or equities
against the seller's title; one who has in good faith
paid valuahle consideration for property without
notice of prior adverse claims. -Generally, a bona
fide purchaser for value is not affected by the transf
eror's fraud against a third party and has a superior
right to the transferred property as against the trans
feror's creditor to the extent ofthe consideration that
the purchaser has paid. -Abbr. BFP. Also termed
bona jide purchaser for value; good-faith purchaser;
purchaser in good faith; innocent purchaser; innocent
purchaser for value. [Cases: Sales (;::::::>234(1); Vendor
and Purchaser (;::::::>220.J
good-faith purchaser. See bona fide purchaser.
innocent purchaser. See bona fide purchaser.
innocent purchaser for value. See bona fide pur
chaser.
purchaser for value. A purchaser who pays consider
ation for the property bought.
purchaser in goodfaith. See bona fide purchaser.
purchaser pendente lite. One who buys an interest in
something that is the subject of a pending lawsuit.
[Cases: Lis Pendens <8=>22(4), 23.]
2. One who acquires real property by means other than
descent, gift, or inheritance.
first purchaser. An ancestor who first acquired an
estate that still belongs to the family.
pure acddent. See unavoidable accident under
ACCIDENT.
pure annuity. See nonrefund annuity under ANNUITY. purpart
pure-comparative-negligence doctrine. (1976) The
principle that liability for negligence is apportioned
in accordance with the percentage of fault that the
fact-finder assigns to each party and that a plaintiff's
percentage of fault reduces the amount of recoverable
damages but does not bar recovery. See comparative
negligence under NEGLIGENCE; APPORTIONMENT OF
LIABILITY. Cf. 50-PERCENT RULE. [Cases: Negligence
~-:>549(lO).1
pure debt. See pure obligation under OBLIGATION.
pure easement. See easement appurtenant under
EASEMENT.
pure freezeout. See FREEZEOUT.
pure mark. See technical trademark under TRADE
MARK.
pure obligation. See OBLIGATION.
pure plea. See PLEA (3).
pure race statute. See RACE STATUTE.
pure risk. See RISK.
pure speech. See SPEECH.
pure theory. The philosophy ofHans Kelsen, in which he
contends that a legal system must be "pure" -that is,
self-supporting and not dependent on extralegal values.
-Kelsen's theory, set out in such works as General
Theory ofLaw and the State (1945) and The Pure Theory
ofLaw (1934), maintains that laws are norms handed
down by the state. Laws are not defined in terms of
history, ethics, sociology, or other external factors.
Rather, a legal system is an interconnected system of
norms, in which coercive techniques are used to secure
compliance. The validity of each law, or legal norm, is
traced to another legal norm. Ultimately, all laws must
find their validity in the society's basic norm (grund
norm), which may be as simple as the concept that the
constitution was validly enacted. See basic norm under
NORM.
pure trademark. See technical trademark under TRADE
MARK.
pure villeinage. See VILtEINAGE.
purgation (par-gay-sh;m). Hist. The act of cleansing or
exonerating oneself ofa crime or accusation by an oath
or ordeal.
canonical purgation. Purgation by oath-helpers in an
ecclesiastical court. See COMPURGATION.
vulgar purgation. Purgation by fire, hot irons, battle,
or cold water; purgation by means other than by oath
helpers. _ Vulgar purgation was so called because it
was not sanctioned by the church after 1215.
purgatory oath. See OATH.
purge, vb. (13c) To exonerate (oneself or another) of gUilt
<the judge purged the defendant ofcontempt>. [Cases:
Contempt (:::;>S1.)
purpart (p;)r-pahrt). A share of an estate formerly held
in common; a part in a division; an allotment from

1356 purparty
an estate to a coparcener. Formerly also termed
purparty; perparts; pourparty.
purparty (p3r-pahr-tee). See PURPART.
purport (p3r-port), n. (ISc) The idea or meaning that is
conveyed or expressed, esp. by a formal document.
purport (pdr-port), vb. (l7c) To profess or claim, esp.
falsely; to seem to be <the document purports to be a
will, but it is neither signed nor dated>.
purported, adj. (1885) Reputed; rumored.
purpose. (l3c) An objective, goal, or end; specif., the
business activity that a corporation is chartered to
engage in. [Cases: Corporations 14.]
purpose approach. See MISCHIEF RULE.
purpose dause. An introductory clause to a statute
explaining its background and stating the reasons for
its enactment. [Cases: Statutes C=210.)
purposeful, adj. Done with a specific purpose in mind;
deliberate.
purposive construction. See CONSTRUCTION.
purpresture (pdr-pres-chdr). (14c) An encroachment
upon public rights and easements by appropriation to
private use ofthat which belongs to the public. -Also
spelled pourpresture.
purprise (pdr-prIz), vb. [Law French) Hist. To encroach
on land illegally; to make a purpresture.
purse, n. A sum of money available to the winner ofa
contest or event; a prize. lCases: Gaming
purser. A person in charge of accounts and documents
on a ship. [Cases: ShippingC=74.]
purse-snatching. The stealing of a handbag or other
similar item by seizing or grabbing it from a victim's
physical possession and then fleeing, often without
harm or threat ofharm to the victim. Purse-snatch
ing is usu. a type of larceny. But if the perpetrator
uses great force to take the bag or injures or threatens
to injure the victim, it may instead be classified as a
robbery. Cf. LARCENY; ROBBERY. [Cases: Larceny C:J
19; Robbery C= 6.)
pursuant to. (16c) 1. In compliance with; in accordance
with; under <she filed the motion pursuant to the
court's order>. 2. As authorized by; under <pursuant
to Rule 56, the plaintiff moves for summary judgment>.
3. In carrying out <pursuant to his responsibilities, he
ensured that all lights had been turned out>.
pursuer. Civil & Scots law. A plaintiff.
pursuit. (14c) 1. An occupation or pastime. 2. The
act of chasing to overtake or apprehend. See FRESH
PURSUIT.
pursuit ofhappiness. (18c) The principle announced
in the Declaration ofIndependence that a person
should be allowed to pursue the person's desires (esp.
in regard to an occupation) without unjustified inter
terence by the government. [Cases: Constitutional Law
(;::::> 1107.] pur tant que (pdr tant kyoo or poor tahn kd). [Law
French] Forasmuch as; because; for the purpose of.
purus idiota (pyoor-<:ls id-ee-oh-t<:l). [Latin) An absolute
or congenital idiot. See IDIOT.
purview (p3r-vyoo). (15c) 1. Scope;


ital idiot. See IDIOT.
purview (p3r-vyoo). (15c) 1. Scope; area of application.
2. The body ofa statute following the preamble.
"The word 'purview' appears sometimes to be confined
to so much of the body of the statute as would be left by
omitting the exceptions, provisos, and savings clauses; and
as the word is ambiguous, and not very useful at best, a
wise course may be not to use it at all." William M, Ule et aI.,
Brief Making and the Use ofLaw Books 336 (3d ed. 1914),
pusher. A person who sells illicit drugs. [Cases: Con
trolled Substances C~32.)
Pushman doctrine. Archaic. The rule that transfer of
an unpublished work transfers the common-law copy
right to the work along with the work itself . Ihe name
derives from Pushman v. New York Graphic Socy, Inc.,
39 N.E.2d (N.Y. 1942). The doctrine was rejected by
 202 of the Copyright Act of 1976, but it remains in
effect for transfers completed before the provision's
effective date ofJanuary 1, 1978.
"[AJn outright sale of a material object, such as a book,
canvas, or master tape of a musical work, does not
transfer copyright. One possible exception to this rule
is the Pushman doctrine under which an author or artist
who has sold an unpublished work of art or a manuscript
is presumed to have transferred his common law copy'
right, unless the copyright has been specifically reserved."
Marshall A. Leaffer, Understanding Copyright Law 211 (3d
ed. 1999).
put, n. See put option under OPTION.
putative (PyOO-ld-tiv), adj. (ISc) Reputed; believed;
supposed.
putative damages. See DAMAGES.
putative father. See FATHER.
putative-father registry. Family law. An official roster
in which an unwed father may claim possible paternity
of a child for purposes of receiving notice of a
spective adoption of the child. [Cases: Adoption
12; Children Out-of-Wedlock C=' 12.]
Putative Fathers Act. See UNIFORM PUTATIVE AND
UNKNOWN FATHERS ACT.
putative marriage. See MARRIAGE (1).
putative matrimony. See putative marriage under
MARRIAGE (1).
putative spouse. See SPOUSE.
putative-spouse doctrine. See putative marriage under
MARRIAGE (1).
put bond. See BOND (3).
put in, vb. (ISc) To place in due form before a court; to
place among the records of a court.
put on notice. See CHARGED WITH NOTICE.
put option. See OPTION.
put out. See EVICT (1).
put price. See strike price under PRICE.

1357
puttable (puut-;:J-b;:Jl), adj. (Of a security) capable of
being required by the holder to be redeemed by the
issuing company.
put the question. (Of the chair) to formally state a
question in its final form for the purpose of taking a
vote. Cf. STATE THE QUESTION.
putting infear. (17c) The threatening ofanother person
with violence to compel the person to hand over
property. These words are part of the common-law
definition ofrobbery. [Cases: Robbery
putting to the horn. Scots law. See HORNING.
put to the horn. Scots law. To declare (a person) an
outlaw. -Also termed be at the horn.
PYA. abbr. PUBLIC VESSELS ACT.
PVPA. abbr. PLANT VARIETY PROTECTION ACT.
PWBA. abbr. PENSION AND WELFARE BENEFITS ADMIN
ISTRATION.
pyramid distribution plan. See PYRAMID SCHEME. pyramid scheme
pyramiding. A speculative method used to finance
a large purchase of stock or a controlling interest
by pledging an investment's unrealized profit. See
LEVERAGE; MARGIN.
pyramiding inferences. See INFERENCE-STACKING.
pyramiding inferences, rule against. (1959) Evidence.
A rule prohibiting a fact-finder from piling one infer
ence on another to arrive at a conclusion . Today this
rule is followed in only a few jurisdictions. Cf. REASON
ABLE-INFERENCE RULE. [Cases: Criminal LawC;:;::)306;
Evidence
pyramid scheme. (1949) A property-distribution scheme
in which a participant pays for the chance to receive
compensation for introducing new persons to the
scheme, as well as for when those new persons them
selves introduce participants . Pyramid schemes are
illegal in most states. Also termed endless-chain
scheme; chain-referral scheme; multilevel-distribution
program; pyramid distribution plan. Cf. PONZI SCHEME.
[Cases: Antitrust and Trade Regulation

Q
Q. abbr. (l6c) QUESTION (1). This abbreviation is almost
always used in deposition and trial transcripts to denote
each question asked by the examining lawyer.
Q-and-A. abbr. (1837) QUESTION-AND-A>lSWER.
Q.B. abbr. QUEEN'S BENCH.
Q.B.D. abbr. BENCH DIVISION.
Q.C. abbr. QUEEN'S COUNSEL.
qcf. abbr. QUARE CLAUSUM FREGIT.
QD. abbr. [Latin quasi dicatl (16c) As ifhe should say.
QDOT. abbr. QUALIFIED DOMESTIC TRUST.
QDRO (kwah-droh). abbr. QUALIFIED DOMESTIC-RELA
TIONS ORDER.
QED. abbr. [Latin quod erat demonstranduml (l7c)
Which was to be demonstrated or proved.
QEF. abbr. [Latin quod erat faciendum] Which was to
be done.
QEN. abbr. [Latin quare executionem non] Whyexecu
tion should not be issued.
QMCSO. abbr. QUALIFIED MEDICAL CHILD- SUPPORT
ORDER.
QPRT. abbr. QUALIFIED PERSONAL-RESIDENCE TRUST.
qq.v. See Q.V.
Q.S. See quarter session under SESSION (1).
QSST. abbr. See qualified S-corporation trust under
TRUST (3).
Q.T. abbr. QUI TAM ACTION.
QTIP (kyoo-tip). abbr. QUALIFIED-TERMINABLE-INTER
EST PROPERTY.
QTIP trust. See TRUST.
qua (kway or kwah). [Latin) (l7c) In the capacity of; as
<the fiduciary, qua fiduciary, is not liable for fraud, but
he may be liable as an individual>.
quacumque via data (kway-kam-kwee VI-d day-td).
[Latin] Whichever way given; whichever way you take
it.
quadragesima (kwah-drd-jes-i-ma), n. [Latin "fortieth"]
Hist. 1. Lent so called because it runs about 40 days.
2. The first Sunday in Lent -so called because it is
about the fortieth day before Easter.
quadragesimals (kwah-dra-jes-i-malz), n. pl. [fro Latin
quadragesima "the fortieth"] Hist. Offerings made on
Mid- Lent Sunday by daughter churches to the mother
church.
quadriennium (kwah-dree-en-ee-dm), n. [Latin fro
quatuor "four" + annus "year"] 1. Roman law. The four
year course of study required oflaw students before
they were qualified to study the Code or collection of imperial constitutions. 2. Scots law. See QUADRIENNIUM
UTILE.
quadriennium utile (kwah-dree-en-ee-am yoo-ta
lee). Scots law. A four-year period after the attainment
of majority within which the young adult may seek
to annul any contract made while the person was a
minor. -Sometimes shortened to quadriennium.
quadripartite, adj. Hist. (Of an indenture, etc.) drawn,
diVided, or executed in four parts.
quadripartite, n. A book or treatise divided into four
parts.
quadruplator (kwah-droo-pla-tor), n. [Latin] Roman
law. An informer who, by law, could institute criminal
proceedings and then receive a reward ofa fourth part
of the thing informed against, usu. relating to frauds
on the fiscus. PI. quadruplatores (kwah-dra-pla-tor
eez).
quadruplicatio (kwah-dra-pli-kay-shee-oh), n. [fro Latin
quadruplicatus "quadrupled"]l. Roman law & civil
law. A defendant's pleading, following the triplicatio
and similar to the rebutter at common law; the third
defensive pleading. -Also termed quadruplication;
(in old Scots law) quadruply. 2. Roman law. A plaintiff's
pleading, following the triplicatio, the replicatio, and
the exceptio. PI. quadruplicationes (kwah-dra-pli-kay
shee-oh-neez).
quae cadit in virum constantem (kwee kay-dit in
VI-r<:lm kan-stan-t<:lm). [Latin] Hist. That which would
overcome a man of firmness and resolution.
quae cadunt in non causam (kwee kay-d<:lnt in non kaw
zam). [Law Latin] Hist. Those things that we lose on the
cessation ofthe title by which we hold them.
quae est eadem (kwee est ee-ay-dam). [Law Latin] Hist.
Which is the same. _ This phrase was used by a defen
dant in a trespass action to show that the trespass the
defendant was justified in committing was the same
as that alleged in the plaintiff's pleading; that is, the
plaintiff gave the defendant permission to enter, and so
the defendant entered the property. -Formerly also
termed que est Ie mesme.
quaefunctionem recipiunt (kwee fungk-shee-oh-ndm
ri-sip-ee-;mt). [Law Latin] Hist. Things whose value
depends on the class of things to which they belong
(e.g., money, corn, etc.) . The phrase appeared in refer
ence to fungibles - that is, things that could be generi
cally estimated by quantity or weight. Cf. QUAE NON
RECIPIUNT FUNCTIONEM.
quae non mente sed manu tenentur (kwee non men-tee
sed man-yoo ta-nen-tdr). [Law Latin "things that are
held not by the mind but by hand"] Hist. The natural

1359
parental duties arising from affection for one's child, as
distinguished from purely legal obligations.
quae non recipiunt functionem (kwee non ri-sip-ee-<lnt
fungk-shee-oh-n<lm). [Law Latin] Hist. They that do
not supply the place of others. The phrase appeared
in reference to goods that are unique, specific, or irre
placeable. Cf. QUAE FUNCTIONEM RECIPIUNT.
quae perimunt causam (kwee per-<l-m<lnt kaw-z<lm).
[Latin] Hist. Pleas (such as peremptory defenses) that
take away the basis of an action.
quae plura (kwee ploor-<l). [Law Latin "what more"]
Hist. A writ ordering the escheator, when it appeared
that not all ofa decedent's property had been located,
to inquire about any additional lands and tenements
the decedent held at the time of death.
quaequidem (kwee-kwid-<lm). [Law Latin "which
indeed" or "accordingly"] Hist. The introductory words
of a charter clause showing, among other things, the
manner in which the grantor obtained title.
quaere (kweer-ee), vb. [Latin] (17c) Inquire; query;
examine. This term was often used in the syllabus
ofa reported case to show that a point was doubtful or
open to question.
quaerens (kweer-enz), n. [Law Latin] Hist. One who
complains; a plaintiff.
quaerens nihil capiatper billam (kweer-enz llI-hil kap
ee-<lt p<lr bil-<lm). [Law Latin] Hist. Let the plaintiff take
nothing by his bilL. This was a form of judgment for
the defendant.
quaerens non invenit plegium (kweer-enz non in-vee
nit plee-jee-<lm). [Law Latin "the plaintiff did not find
a pledge"] Hist. A sheriff's return to a writ requiring
him to take security from the plaintiff for prosecution
of the plaintiffs claim.
quaeritur (kwee-ri-tar or kwer-i-t<lr), n. [Latin] Roman
law. It is questioned . This term introduced a doubtful
legal problem.
quae sapiunt delictum (kwee say-pee-<lnt di-lik-t<lm).
[Law Latin] Hist. Things that partake of the character
of delict.
quae sequuntur personam (kwee si-kw'ln-t<lr p<lr-soh
n<lm). [Latin] Hist. Things that follow the person . 'Ibe
phrase usu. referred to movable property.
quae servando servari nequeunt (kwee s<lr-van-doh sar
vair-I nee-kwee-<lnt). [Latin] Hist. Things that cannot
be preserved uninjured by keeping . The phrase U5U.
referred to perishable goods.
quaesita. See QUAESTA.
quae solum Deum habent ultorem (kwee soh-l;~m
dee-<lm hay-b;mt al-tor-;:lm). [Latin] Hist. Acts that have
only God as avenger; crimes that can


mt al-tor-;:lm). [Latin] Hist. Acts that have
only God as avenger; crimes that can be punished only
by God.
quaesta (kwees-t<l), n. [Latin "demands"] Remissions of
penance, authorized by the Pope to those who contrib
uted a certain amount to the church. Also termed
quesita; quaesita. quaestor sacri palatii
quaestio (kwes-chee-oh or kwees-), n. [Latin fro quaerere
"to inquire"] Roman law. l. A special commission of
the Senate appointed to hear criminal cases involv
ing the public interest, sometimes with the power to
try all cases of a given class arising within a specified
period. Also termed quaestio extraordinaire. 2.
QUAESTIO PERPETUA. 3. An interrogation by inflict
ing torture. 4. The torture 50 inflicted. PI. quaestiones
(kews-chee-oh-neez or kwees-).
quaestio extraordinaire. See QUAESTIO (1).
quaestionarius (kwes-chee-<l-nair-ee-<ls). See
QUAESTOR.
quaestio perpetua (kwes-chee-oh-neez p<lr-pech-oo-ee).
[Latin "perpetual inquiry"] Roman law. A permanent
commission to hear criminal cases; specif., a standing
jury court created by statute to try and pass sentence on
particular crimes. PI. quaestiones perpetuae.
"Then in 149 the lex Calpurnia was passed, concerned not
only with reparation but also punishment; it established
a permanent court of senators as sworn jurors to deal
with claims of provincial extortion. Thereafter, both the
senatorial special commissions, and also the jurisdiction
of the assemblies began in their turn to be superseded
by the creation of quaestiones perpetuae, permanent jury
courts, [which) provided, each for its own offence or range
of offences a framework." O.F. Robinson, The Criminal Law
ofAncient Rome 1-2 (1995).
quaestio vexata (kwes-chee-oh vek-say-t<l). [Law Latin]
See VEXED QUESTION.
quaestio voluntatis (kwes-chee-oh vol-;:ln-tay-tis).
[Latin] Hist. A question of intention.
quaestor (kwes-t;:lr or kwees-t<lr), n. [Latin]l. Roman
law. A magistrate, subordinate to the consuls or provin
cial governors, who maintained and administered the
public money, performing tasks such as making nec
essary payments, receiving revenues, keeping accurate
accounts, registering debts and fines, supervising the
accommodation offoreign ambassadors, and financing
the burials and monuments of distinguished citizens.
2. Hist. An agent ofthe Pope who carried quaesita from
door to door. Also termed quaesitor; questionarius.
See QUAESTA. PI. quaestores. -quaestorial, adj.
quaestorship, n.
"The office of quaestor goes back at least to the beginning
of the Republic. Each year two quaestors were nominated
by the consuls, later elected by the comitia tributa, to assist
the consuls in matters of finance. This continued to be their
principal concern, but they enlarged their functions as their
numbers increased." R.w. Lee, The Elements ofRoman Law
15 (4th ed. 1956).
quaestores parricidii (kwes-tor-eez par-a-sI-dee- I), n. pl.
[Latin "quaestors ofparricide"] Roman law. Two officers
ofthe early Republic who were deputized to search out
and try all cases ofparricide and other capital offenses.
See LEX POMPEIA DE PARRICIDIIS.
quaestor sacri palatii (kwes-t<lr say-krI p<l-Iay-shee-r).
[Latin "quaestor ofthe sacred palace" JRoman law. An
officer of the imperial court who acted as legal adviser
to the emperor.
"The quaestor sacri palatii was one of the highest civil
functionaries in the later Empire, concerned with the

1360 quaestus
preparation of enactments and legal decisions to be
issued by the emperor. He was the principal legal adviser
of the emperor and he was [often] chosen from among the
persons with considerable legal training." Adolf Berger,
Encyclopedic Dictionary of Roman Law 664 (1953).
quaestus (kwes-t;:ls or kwee-st<ls), n. [Latin] 1. Roman
law. Profit, esp. from a business. 2. Hist. Acquisition;
purchase. This term refers to a purchased estate, as
distinguished from hereditas, referring to an estate
obtained by descent.
quae sunt in patrimonio nostro (kwee 5<lnt in pa-tr;)
moh-nee-oh nos-troh). [Latin] Hist. Things that form
part of our possession.
quae transeunt per commercium (kwee tran-see-;mt
[or tran-zee] p;)r b-m3r-shee-;:Im). [Law Latin] Hist.
Things that pass through commerce; things that are
bought and sold.
quale jus (kway-Iee or kwah-lee j3S). [Latin "what
kind of right"] Hist. A writ ordering an escheator to
inquire into the extent of a religiOUS person's right to
a judgment, before its execution, to make sure that
the judgment was not colluSively made to avoid the
mortmain statute.
qualificate (kwah-li-fi-kay-tee). [Law Latin] Hist. Quali
fiedly.
qnalification. (l6c) 1. The possession of qualities or
properties (such as fitness or capacity) inherently or
legally necessary to make one eligible for a position or
office, or to perform a public duty or function <voter
qualification requires one to meet residency, age, and
registration requirements>. [Cases: Officers and Public
Employees ~35.12. A modification or limitation of
terms or language; esp., a restriction of terms that
would otherwise be interpreted broadly <the contract
contained a qualification requiring the lessor's permis
sion before exercising the right to sublet>. 3. CHARAC
TERIZATION (1). qualify, vb.
qualified, adj. (16c) 1. Possessing the necessary
qualifications; capable or competent <a qualified
medical examiner>. 2. Limited; restricted <qualified
immunity>. qualify, vb.
qualified acceptance. See ACCEPTANCE (1).
qualified corporation. See admitted corporation under
CORPORATION.
qualified disclaimer. See DISCLAIMER.
qualified domestic-relations order. (1984) A state-court
order or judgment that relates to alimony, child support,
or some other state domestic-relations matter and that
(1) recognizes or provides for an alternate payee's right
to receive all or part of any benefits due a participant
under a penSion, profit-sharing, or other retirement
benefit plan, (2) otherwise satisfies  414 ofthe Internal
Revenue Code, and (3) is exempt from the ERISA rule
prohibiting the assignment ofplan benefits . Among
other things, the QDRO must set out certain facts,
including the name and last-known mailing address of
the plan participant and alternate payee, the amount or
percentage ofbenefits going to the alternate payee, and the number ofpayments to which the plan applies. The
benefits provided under a QDRO are treated as income
to the actual recipient. IRC (26 USCA)  414(p)(1)(A);
29lJSCA  1056(d)(3)(D)(i). -Abbr. QDRO. [Cases:
Divorce 0252.3(4); Internal Revenue C~3587; Labor
and Employment 0594.]
qualified domestic trust. See TRUST.
qualified elector. See ELECTOR.
qualified estate. See ESTATE (1).
qualified fee. 1. See fee simple defeasible under FEE
SIMPLE. 2. See fee simple determinable under FEE
SIMPLE. 3. See base fee under FEE (2).
qualified general denial. See DENIAL.
qualified immunity. See IMMUNITY (1).
qualified income trust. See Miller trust under TRUST.
qualified indorsement. See INDORSEMENT.
qualified institutional buyer. See BUYER.
qualified investor. See INVESTOR.
qualifiedly (kwah-I;l-fId-lee or -fI-<ld-lee), adv. In a fit or
qualified manner <qualifiedly privileged>.
qualified martial law. See MARTIAL LAW.
qualified medical child-support order. A family-court
order that enables a nonemployee custodial parent
without the employee parent's consent -to enroll the
child, make claims, and receive payments as needed
under the employee parent's group health plan, all at
the employee parent's expense . The group-health
plan administrator must find that the order meets the
requirements ofa QMCSO, which are established by
 609(a) of the Employee Retirement Income Security
Act, 29 USCA  1169(a). -Abbr. QMCSO. [Cases:
Child Support (::::::> 158.]
qualified nuisance. See NUISANCE.
qualified opinion. An audit-report statement contain
ing exceptions or qualifications to certain items in the
accompanying financial statement.
qualified ownership. See OWNERSHIP.
qualified pension plan. See PENSION PLAN.
qualified personal-residence trust. See TRUST.
qualified plan. 1. See qualified pension plan under
PENSION PLAN. 2. See qualified profit-sharing plan
under PROFIT-SHARING PLAN.
qualified privilege. See PRIVILEGE (1).
qualified profit-sharing plan. See PROFIT-SHARING
PLAN.
qualified property. See PROPERTY.
qnalified residence interest. See INTEREST (3).
qualified S-corporation trust. See TRUST (3).
qualified stock option. See STOCK OPTION.
qualified subchapter-S corporation trust. See qualified
S-corporation trust under TRUST (3).
qualified-terminable-interest property. See PROPERTY.

qualified veto. See VETO.
qualified voter. 1. See qualified elector under ELECTOR.
2. VOTER (2).
qualified witness. See WITNESS.
qualifying event. Anyone ofseveral specified occasions
that, but for the continuation-of-coverage provisions
under the Consolidated Omnibus Budget Reconcili
ation Act of 1985 (COBRA), would result in a loss
of benefits to a covered employee under a qualified
benefit plan. These occasions include employment
termination, a reduction in work hours, the employee's
separation or divorce, the employee's death, and the
employer's bankruptcy. IRC (26 USCA)  4980B(f)(3).
[Cases: Labor and Employment C='568.]
qualifying share. See SHARE (2).
qualitatively incidental private benefit. See PRIVATE
BENEFIT.
quality. 1. The particular character or properties of a
person, thing, or act, often essential for a particular
result <she has leadership quality> <greed is a negative
quality>. 2. The character or degree of excellence of a
person or substance, esp. in comparison with others
<the quality of work performed under the contract>.
quality of estate. (18c) 1. The period when the right
of enjoying an estate is conferred upon the owner,
whether at present or in the future. 2. The manner in
which the owner's right ofenjoyment of an estate is to
be exercised, whether solely, jointly, in common, or in
coparcenary.
quality-of-products legislation. See LEMON LAW (2).
quamdiu (kwam-dee-yoo). [Latin] Hist. As long as; so
long as . This was a word ofiimitation formerly used
in conveyances.
quamdiu bene se gesserint (kwam-dee-yoo bee-nee see
jes-ar-int). [Law Latin] As long as they shall conduct
themselves properly . This term refers to the holding
of an office, specif. the Act of Settlement, 1700, ch. 2,
which provided that a judge's tenure was no longer at
the king's pleasure, but could continue until death or
improper conduct. This protected judges against arbi
trary dismissal. The singular form is quamdiu se bene
gesserit "as long as he behaves himself properly." -Also
written quamdiu se bene gesserint. Cf. GOOD BEHAVIOR;
DURANTE BENE PLACITO.
"But at present, by the long and uniform usage of many
ages, our kings have delegated their whole judicial power
to the judges of their several courts ... , And, in order to
maintain both the dignity and independence of the judges
in the superior courts, it is enacted by the statute 13 W. Ill.
c.2 that their commissions shall be made (not as formerly.
durante bene placito, but) quamdiu bene se gesserint. and
their salaries ascertained and established; but that it may
be lawful to remove them on the address of both houses
of parliament," 1 William Blackstone, Commentaries on the
Laws of England 267 (1765).
quamdiu se bene gesserint. [Latin "as long as they behave
themselves properly"]  1he singular form is quamdiu
se bene gesserit "as long as he behaves himself properly."
The plural form appears in the Act ofSettlement (1701) to protect judges against arbitrary dismissal. Cf. DUM
SE BENE GESSERIT.
quamdiu sustinuit istam furiositatem (kwam-dee
yoo sas-tin-[y]oo-it is-tam fyoor-ee-ahs-a-tay-tam).
[Law LatinJ Hist. How long he has labored under that
insanity.
quamprimum (kwam-prr-mam). [Latin] Hist. As soon
as possible.
quamvis non potueritdare


am-prr-mam). [Latin] Hist. As soon
as possible.
quamvis non potueritdare (kwam-vis non pah-tyoo-air
it [or pah-choo-] dair-eel. [Law Latin] Hist. Although
he had not been able to give or administer it.
quando acciderent (kwahn-doh ak-si-deer-ant). [Latin]
A judgment entered against a decedent's personal rep
resentative, to be satisfied bv the estate out ofassets that
the representative receives 'after judgment.
quandocunque (kwahn-doh-k;mg-kwee). [Latin] Hist.
At any time.
quandocunque decederit (kwahn-doh-kang-kwee
di-see-dar-it). [Latin] Hist, Whenever he died.
quango (kwang-goh). See QIJASI-AUTONOMOUS NONGOV
ERNMENTAL ORGANIZATION.
quanti minoris (kwon-tI mi-nor-is). [Latin "how much
less") Civil law. An action brought by a purchaser ofan
article to reduce the purchase price due to the article's
defects. [Cases: Sales C=>188; Vendor and Purchaser
C=)174, 334(1).J
quantitatively incidental private benefit. See PRIVATE
BENEFIT.
quantitative rule. (1919) An evidentiary rule requir
ing 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.
quantity discount. See volume discount under
DISCOUNT.
quantum (kwon-tam). [Latin "an amount"] The
required, desired, or allowed amount; portion or share
<a quantum ofevidence>. PI. quanta (kwon-ta).
quantum damnificatus (kwon-tam dam-na-fi-kay
tas). [Latin "how much damnified"] Hist. The issue of
damages submitted by a court ofequity 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"] (17c) 1. The reasonable value of
services; damages awarded in an amount considered
reasonable to compensate a person who has rendered

1362 quantum nunc valent
services in a quasi-contractual relationship. 2. A claim
or right of action for the reasonable value of services
rendered. [Cases: Implied and Constructive Contracts
<>;,30.) 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-tdm ndngk vay-Ient). [Law
Latin] Hist. How much they (the lands) are now worth.
Cf. ANTIQUUS ET NOVUS EXTENT US; QUANTUM VALU
ERUNT TEMPORE PACIS.
quantum valebant (kwon-tdm vd-lee-bant or -bdnt).
[Latin "as much as they were worth") (18c) 1. The rea
sonable 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.
[Cases: Implied and Constructive Contracts (;=,31.]
quantum valuerunt tempore pads (kwon-tam val
yoo-air-dnt tem-pd-ree pay-sis). [Law Latin] Hist.
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. (l7c) 1. The isolation ofa person or animal
afflicted with a communicable disease or the preven
tion 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 regu
lations 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 Four
teenth Amendment." 39 Am, Jur. 2d Health  59, at 529-30
(1999).
2. A place where a quarantine is in force. 3. Hist. A
period of40 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 ofthe 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. Hist. 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.
"lilt was provided by Magna Charta that the widow should
give nothing for her dower, and that she should tarry in
the chief house of her husband for forty days, (and which
is called the widow's quarantine,) after the death of her
husband, within which time her dower should be assigned
her; and that, in the mean time, she should have reasonable
estovers, or maintenance, out of the estate. The provision
that the widow should pay nothing for the dower, was made
with the generous intention of taking away the uncourtly
and oppressive claim of the feudal lord, for a fine, upon
allowing the widow to be endowed. This declaration of
Magna Charta is, probably, the law in all the United States."
4James Kent, Commentaries on American Law *61 (George
Comstock ed., 11th ed. 1866).
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-zdm free-jit).
[Latin] Why he broke the close. Abbr. qu. cl. fr.; q.cj
See TRESPASS QUARE CLAUSUM FREGIT. [Cases: Trespass
(;=10,16.]
quare clausum querentis fregit. See trespass quare
clausum fregit under TRESPASS.
quare ejecit infra terminum (kwair-ee i-jee-sit in-frJ
t;u-mJ-ndm), n. [Law Latin "why he ejected within the
term"] Hist. 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-pJ-dit). [Latin "why he
hinders"] Hist. Eccles. law. A writ or action to enforce
a patron's right to present a person to fill a vacant
benefice. -Also termed writ ofquare 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"] Hist. 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

1363
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"] Hist. 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 Aboli
tion Act, 1660, ch. 24.
quare non permittit (kwair-ee non paf-mit-it), n. [Law
Latin "why he does not permit"] Rist. A writ for one
who has a right to present to a church, against the pro
prietor.
quarentena terrae (kwahr-en-tee-na ter-ee), n. [Law
Latin "a quantity ofland"] Hist. A furlong.
quarentine. See QUARANTINE.
quare obstruxit (kwair-ee ab-str<Jk-sit), n. [Law Latin
"why he obstructed"] Rist. A writ for one who could
not enjoy a privilege to pass through a neighbor's land
because the neighbor had obstructed the path.
quarrel, n. 1. An altercation or angry dispute; an
exchange of recriminations, taunts, threats, or accu
sations 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-td dI-VI pH). [Latin "quarter of
the deified Pius"] Roman law. The quarter portion ofa
testator's estate required to be left to an adrogated child
who had been unjustly emancipated or disinherited.
quarta Falcidiana (kwor-t;> fal-sid-ee-;). [Latin "Falcid
ian fourth"] See FALCIDIAN PORTION,
quarta Trebellianica (kwor-t;> tr;)-bel-ee-an-;>-b).
[Latin "the quarter due under Trebellianus's senatu5
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 (tr<J-bel-ee
ay-n;> or -an-;. Cf. FALCIDIAN PORTION.
quarter, n. 1. In the law ofwar, the act ofshowing 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.
quartering, n. Hist. 1. The diViding of a criminal's body
into quarters after execution, esp. as part of the pun
ishment for a crime such as high treason. See HANGED,
DRAWN, AND QUARTERED. 2. The furnishing of living
quarters to members ofthe military . In the United
States, a homeowner's consent is required before soldiers
may be quartered in a private home during peacetime. quasi committee of the whole
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


. 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 ofa shield into four parts to show four
different coats ofarms. quarter, vb,
quarterly report. A financial report issued by a cor
poration (and by most mutual funds and investment
managers) every three months.
quartermaster. See TREASURER.
quarter seal. See SEAL.
quarter section. See SECTION.
quarter session. See SESSION (1).
Quarter Sessions Court. See COURT OF GENERAL
QUARTER SESSIONS OF THE PEACE.
quarters ofcoverage. The number ofquarterly payments
made by a person into the social-security fund as a basis
for determining the person's entitlement to benefits.
[Cases: Social Security and Public Welfare 135,
140.5.)
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), vb. (13c) 1. To annul or make void; to
terminate <quash an indictment> <quash proceed
ings>. 2. To suppress or subdue; to crush <quash a
rebellion>.
quashal (kwahsh-;>l), n. The act ofquashing something
<quashal ofthe subpoena>. [Cases: Witnesses C-~16.]
quasi (kway-sI or kway-zI also kwah-zee). [Latin "as
if"] (15c) 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 dif
ference, 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 character
istics, but that there are also intrinsic and material differ
ences 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-admission. See ADMISSION (1).
quasi-affinity. See AFFINITY.
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 com
mission, 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 committee of the whole. See COMMITTEE.

1364 quasi-community property
quasi-community property. See COMMU:-<ITY PROPER
TY.
quasi-contract. See implied-in-law contract under CON
TRACT.
quasi-corporation. See CORPORATION.
quasi-crime. See CRIME.
quasi-criminal proceeding. See PROCEEDING.
quasi-delict. See DELICT.
quasi-deposit. See DEPOSIT (;).
quasi-derelict. See DERELICT.
quasi-deviation. See DEVIATION.
quasi-domicile. See commercial domicile under
DOMICILE.
quasi-dwelling-house. See DWELLING-HOUSE.
quasi-easement. See EASEME:-<T.
quasi-enclave. See ENCLAVE.
quasi-entail. See ENTAIL
quasi-estoppel. See ESTOPPEL.
quasi ex contractu (kway-sI [or -ZI] eks k;:m-trak-t[y]oo).
[Latin] Hist. Arising as iffrom contract.
quasi ex delicto (kway-sI [or -ZI] eks di-lik-toh). [Latin)
Hist. Arising as iffrom delict. See DELICT.
quasi-fee. See FEE (2).
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-guarantee treaty. See guarantee treaty under
TREATY (1).
quasi-guardian. See GUARDIAN.
quasi-individual. See private corporation under COR
PORATION.
quasi in rem. See IN REM.
quasi-in-rem jurisdiction. See jURISDICTIO:-<.
quasi-insurer. See INSURER.
quasi-judicial, adj. (1820) Of, relating to, or involving
an executive or administrative official's adjudicative
acts. Quasi -judicial acts, which are valid ifthere is no
abuse of discretion, often determine the fundamental
rights ofcitizens. 'Ihey are subject to review by courts.
[Cases: Administrative Law and Procedure C=>108.]
"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 ofjurisprudence 336 (G.W.
Paton & David P. Derham eds., 4th ed. 1972). quasi-judicial act. (1840) 1. A judicial act performed
by an official who is not a judge. [Cases: Officers and
Public Employees 110.J 2. An act performed by a
judge who is not acting entirely in a judicial capacity.
See judicial act under ACT.
quasi-judicial duty. See DUTY (1).
quasi-judicial function. See FUNCTION.
quasi-judicial power. See POWER (3).
quasi-legislative, adj. (1934) (Ofan 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>.
[Cases: Administrative Law and Procedure 106,
381.]
quasi-legislative power. See POWER (3).
quasi-main motion. See incidental main motion under
MOTION (2).
quasi-municipal corporation. See quasi-corporation
under CORPORATION.
quasi-national domicile. See DOMICILE.
quasi-offense. See OFfENSE (2).
quasi-partner. See PARTNER.
quasi-personalty. See PERSONALTY.
quasi-possession. See incorporeal possession under pos-
SESSION.
quasi-posthumous child. See CHILD.
quasi-public corporation. See CORPORATION.
quasi-pupillary substitution. See SUBSTITUTION (5).
quasi-realty. See REALTY.
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 ofthe 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-statute. See STATUTE.
quasi-suspect classification. See SUSPECT CLASSIFICA
TIO:-<.
quasi-tenant. See TENANT.
quasi-tort. See TORT.
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-trustee. See TRUSTEE (1).
quasi-usufruct. See t:SUFRUCT.
quator tempora jejunii. See EMBER DAYS.
quatuor pedibus currit (kwah-too-or ped-;l-b;ls k"r-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
0:-< ALL FOURS.
quayage (kee-;lj). A toll or fee charged for lading or
unlading goods on a quay or wharf. -Also written
keyage.
Quayle action. Patents. An office action telling the patent
applicant that the claims are allowable on the merits
but that the form ofthe 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 appli
cant generally has two months to respond. A Quayle
action ends the prosecution on the merits, and amend
ments that affect the merits will be treated in a manner
similar to amendments after final rejection. [Cases:
Patents C='109.]
quo d.fr. abbr. QUARE CLAUSUM FREGIT.
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 Eliza
beth 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 ofthe king's subjects. -Also
termed queen consort. 3. A woman who rules in place of
the actual sovereign (e.g., ifthe 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 dow
ager-queen whose child is the reigning monarch. See
DOWAGER-QUEEN.
Queen's Bench. Historically, the highest common
law 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 automat
ically changes to King's Bench. Abbr. Q.B. -Also
termed Court ofQueen'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, senior
level 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 South
wark, to be used for debtors and criminals confined
under authority ofthe superior courts at Westminster,
the highest court ofadmiralty, 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 ofmarriage,
the Queen's proctor might intervene to prove collu
sion between the parties. -Also termed (when a king
reigns) King's proctor.
que est Ie mesme (kyoo ay l~ mem). [Law French] See
QUAE EST EADEM.
quem nuptiae demonstrant (kwem n3p-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 ofa child that
his wife gives birth to. See presumed father and putative
father under FATHER.
quem redditum reddit (kwem red-;l-t~m red-it), n.
[Law Latin "which return he made"] Hist. A writ for a
grantee ofa rent (not a rent service) to force the tenant
to consent to the transfer.
querela (kw;l-ree-Ia), n. [Law Latin fro Latin queri "to
complain"] Hist.


querela (kw;l-ree-Ia), n. [Law Latin fro Latin queri "to
complain"] Hist. 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 termi
nanda (kw;l-ree-l;l kor-<:lm ree-jee ay bn-sil-ee-oh
dis-k;l-shee-en-d<:l et tar-ma-nan-da), n. [Law Latin "a
dispute to be discussed and resolved by the council in
front of the king"] Hist. A writ ordering someone to
appear before the king to answer to a trespass.
querela inofficiosi testamenti (kw~-ree-l;l in-a-fish-ee
Oh-SI tes-t<l-men-tr). [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 (inoffi
ciosum) 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"]
Hist A plaintiff; the complaining party.
questa (kwes-t~), n. [Law Latin] Hist. A quest; an inquest
or inquiry upon the oaths of an impaneled jury.
question. (14c) 1. A query directed to a witness. -Abbr.
Q. [Cases: Witnesses <>236.]

1366 question-and-answer
categorical question. (I8c) 1. LEADING QUESTION. 2.
(often pl.) One ofa series of questions, on a partic
ular subject, arranged in systematic or consecutive
order.
cross-question. (17c) A question asked of a witness
during cross-examination. -Abbr. XQ. [Cases: Wit
nesses C=>266-284.J
direct question. (17c) A question asked of a witness
during direct examination. [Cases; Witnesses C=>
236.]
hypothetical question. See HYPOTHETICAL QUESTION.
leading question. See LEADING QUESTION.
2. An issue in controversy; a matter to be determined.
certified question. See CERTIFIED QUESTION.
federal question. See FEDERAL QUESTION.
judicial question. See JUDICIAL QUESTION.
mixed question. See MIXED QUESTION.
mixed question oflaw andfact. See MIXED QUESTION
OF tAW AND FACT.
nonjusticiable question. See POUTICAt QUESTION.
political question. See POUTICAL QUESTION.
question offact. See QUESTION OF FACT.
question oflaw. See QUESTION OF LAW.
ultimate question. See ultimate issue under ISSUE (1).
3. Parliamentary law. A motion that the chair has stated
for a meeting's consideration in a form that the meeting
can adopt or reject; a peDding motion. - A question is
technically only a "motion" until the chair states it for
the meeting's consideration. But for most purposes,
the parliamentary terms "motion" and "question" are
interchangeable. See MOTION (2); PUT THE QUESTION;
STATE THE QUESTION.
privileged question. A privileged motion that that the
chair has stated for a meeting's consideration. See
privileged motion under MOTION (2). Cf. question of
privilege.
question ofconsideration. See OBJECTION (2).
question ofinformation. See pOint ofinformation
under POINT.
question oforder. See point oforder under POINT.
question ofprivilege. Any question that concerns the
deliberative assembly's or a member's rights or privi
leges. See PRIVILEGE (6); RAISE AQUESTION OF PRIVI
LEGE. Cf. privileged question.
question-and-answer. (17c) 1. 1he portion of a deposi
tion 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. Ihe
method for developing evidence during a deposition
or at trial, requiring the witness to answer the exam
ining lawyer's questions, without offering unsolicited
information. [Cases: Witnesses C=>236, 247.] 3. Ihe
method ofinstruction 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.
question ofconsideration. See OBJECTION (2).
question offact. (17c) 1. An issue that has not been pre
determined and authoritatively answered by the law.
_ An example is whether a particular criminal defen
dant is guilty ofan 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 oflaw. (l7c) 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 ofdiscretion <the
enforceability ofan 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 ofthe judge and not
the jury <whether a contractual ambiguity exists is a
question oflaw>. Also termed legal question; law
question.
question ofprivilege. See QUESTION (3).
questman. Hist. 1. An instigator ofa lawsuit or pros
ecution. 2. A person who was chosen to inquire into
abuses, esp. those relating to weights and measures.
3. A churchwarden; SlDESMAN. -Also termed quest
monger.
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.
quia (kwl-a or kwee-d). [Latin] Hist. Because; whereas.
-This term was used to point out the consideration in
a conveyance.
quia alimenta liberis non debentur nisi in subsidium
(kWI-d or kwee-;l al-i-men-ta lib-ar-is non di-ben-t;lr
nI-SI in s;lb-sid-ee-;lm). [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"] Hist. A statute giving fee-sim
ple 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

1367
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
offealty. 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 (kwH) i-roh-n<l-see em-~-nay
vit). [Law Latin] Hist. Because it issued erroneously.
quia ita lex scripta est (kWI-~ or kwee-<l I-t<l leks skrip-t<l
est). [Latin "because the law is so written"] Hist. Because
that is the text of the statute.
quia succedunt in universum jus quod defunctus habuit
(kWI-<l or kwee-<l s<lk-see-d<lnt in yoo-ni-v;n-s<lm j<lS
kwod di-fangk-t<ls 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 ofheirs-at-law,
quia surrogatum sapit naturam surrogati (kWh) or
kwee-d SJr-d-gay-tJm say-pit nd-t[y]oor-Jm Sdr-d
gay-B). [Law Latin] Hist. Because the substitute partakes
of the character ofthat for which it is substituted.
quia timet (kWI-d tI-m<lt or kwee-<l tim-et). [Latin
"because he fears"] (17c) A legal doctrine that allows
a person to seek equitable relief from future probable
harm to a specific right or interest. [Cases: Equity ~
17.]
"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 AngloAmerican 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-timet injunction. See INJUNCTION.
quibus deficientibus (kwib-ds di-fish-ee-en-ti-b<Js).
[Latin] His!. 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.
qui ceditforo (kWI see-dit for-oh). [Latin] Hist. One who
stops payment; one who becomes bankrupt.
quick asset. See ASSET. quiet-title action
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.
quick condemnation. See CONDEMNATION (2).
quick dispatch. See DISPATCH.
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 strike. See wildcat strike under STRIKE.
quick ratio. See QUICK-ASSET RATIO.
quick-take. See qUick condemnation under CONDEMNA
TION (2).
quid actum est (kwid ak-tdm est). [Latin] Hist. What
has been done.
quidam (kwl-d<lm), n. [Latin] Hist. Somebody. This
term has esp. been used in French law to deSignate a
person whose name is unknown.
quidjuratum est (kwid juu-ray-tdm est). (Law Latin] Hist.
What has been sworn. -Also termed quid juravit.
quidjuravit. See QUID lURATUM EST.
quidjuris? (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"] (16c) An action or thing that is exchanged
for another action or thing ofmore or less equal value;
a substitute <the discount was given as a quid pro quo
for the extra business>. See RECIPROCITY (2). Cf. CON
SIDERATION. [Cases: Contracts ~50.]
quid pro quo sexual harassment. See SEXUAL HARASS
MENT.
quid valet nunc (kwid yay-let n<lngk). [Latin] Hist. What
it is now worth.
quiet, vb. 1. To pacify or silence (a person, etc.). 2. To
make (