Saturday, December 27, 2008

Latin legal maxims (Q)

Q

Quaeitur - The question is raised.

Quantum - How much, an amount.

Qui facit per alium, facit per se - He who acts through another acts himself.

Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.

Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.

Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the power of alienating is under the necessity of retaining.

Qui non habet, ille non dat - He who has not, does not give.

Qui non improbat, approbat - He who does not disapprove, approves.

Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able to prevent, is considered as committing the thing.

Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when he is able to prohibit, is in fault.

Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.

Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not, commands.

Qui prior est tempore potior est jure - He who is prior in time is stronger in right.

Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden.

Qui tacet consentire videtur - He who is silent appears to consent.

Quid pro quo - Consideration. something for something.

Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.

Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.

Quod constat curiae opere testium non indiget - What appears to the Court needs not the help of witnesses.

Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.

Quod necessitas cogit, defendit - What necessity forces it justifies.

Quod non apparet, non est - What does not appear, is not.

Quod non habet principium non habet finem - What has no beginning has no end.

Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do through another.

Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more true; and what is prior in time is stronger in law.

Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.

Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est - When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.

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