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quae sequuntur personam (kwee si-kwan-tar par-soh¬nam). [Latin]. Things that follow the person. The phrase usu. referred to movable property.

quae servando servari nequeunt (kwee sar-van-doh sar¬vair-i nee-kwee-ant). [Latin]. Things that cannot be preserved uninjured by keeping. The phrase U5U. referred to perishable goods.

quae solum Deum habent ultorem (kwee soh-lam dee-am hay-bant al-tor-am). [Latin]. Acts that have only God as avenger; crimes that can be punished only by God.

quae sunt in patrimonio nostro (kwee sant in pa-tra-moh-nee-oh nos-troh). [Latin]. Things that form part of our possession.

quae transeunt per commercium (kwee tran-see-ant [or tran-zee] par ka-mar-shee-am). [Law Latin]. Things that pass through commerce; things that are bought and sold.

quaequidem (kwee-kwid-am). [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]. Inquire; query; examine. This term was often used in the syllabus of a reported case to show that a point was doubtful or open to question.

quaerens (kweer-enz), n. [Law Latin]. One who complains; a plaintiff.

quaerens nihil capiatper billam (kweer-enz ni-hil kap-ee-at par bil-am). [Law Latin]. 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-am). [Law Latin "the plaintiff did not find a pledge"]. 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-tar), [Latin] Roman law. It is questioned .This term introduced a doubtful legal problem.

quaesita See QUAESTA.

quaesta (kwees-ta), n. [Latin "demands"] Remissions of penance, authorized by the Pope to those who contributed a certain amount to the church. Also termed quesita; quaesita.

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 involving 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 inflicting torture. 4. The torture 50 inflicted. PI. quaestiones (kews-chee-oh-neez or kwees-).

quaestio extraordinaire See QUAESTIO (1).

quaestio perpetua (kwes-chee-oh-neez par-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 of Ancient Rome 1-2 (1995).

quaestio vexata (kwes-chee-oh vek-say-ta). [Law Latin] See VEXED QUESTION.

quaestio voluntatis (kwes-chee-oh vol-an-tay-tis). [Latin]. A question of intention.

quaestionarius (kwes-chee-a-nair-ee-as). See QUAESTOR.

quaestor (kwes-tar or kwees-tar), n. [Latin]l. Roman law. A magistrate, subordinate to the consuls or provincial governors, who maintained and administered the public money, performing tasks such as making necessary 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. An agent of the 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 of Roman Law 15 (4th ed. 1956).

quaestor sacri palatii (kwes-tar say-kri pa-Iay-shee-i). [Latin "quaestor of the 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 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).

quaestores parricidii (kwes-tor-eez par-a-si-dee-i), n. pl. [Latin "quaestors of parricide"] Roman law. Two officers of the early Republic who were deputized to search out and try all cases of parricide and other capital offenses. See LEX POMPEIA DE PARRICIDIIS.

quaestus (kwes-tas or kwee-stas), n. [Latin] 1. Roman law. Profit, esp. from a business. 2. Acquisition; purchase. This term refers to a purchased estate, as distinguished from hereditas, referring to an estate obtained by descent.

quale jus (kway-lee or kwah-lee jas). [Latin "what kind of right"]. 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]. Qualifiedly.

qualified 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 acceptance A conditional or partial acceptance that varies the original terms of an offer and operates as a counteroffer; esp., in negotiable instruments (bills of exchange), an acceptor's variation of the terms of the instrument. 2. A buyer's assent that the goods are to be taken in performance of a contract for sale .� Under UCC § 2-606, a buyer's acceptance consists in (1) signifying to the seller that the goods are conforming ones or that the buyer will take them despite nonconformities, (2) not making an effective rejection, or (3) taking any action inconsistent with the seller's ownership. Ifthe contract is for the sale of goods that are not identified when the contract is entered into, there is no acceptance until the buyer has had a reasonable time to examine the goods. But if the buyer deals with them as owner, as by reselling them, a court may find constructive acceptance. "Acceptance means communicated acceptance .... [It] must be something more than a mere mental assent." William R. Anson, Principles of the Law of Contract 34 (Arthur L. Corbin ed., 3d Am. ed. 1919). [But Corbin adds:] ''This use of the word 'communicated' is open to some objection. To very many persons the word means that knowledge has been received. Frequently a contract is made even though the offeror has no such knowledge. In such case the acceptance is not 'communicated' and yet it consummates the contract." Id. n.2. "Acceptance of a conveyance or of a document containing a promise is a manifestation of assent to the terms thereof made, either before or after delivery, in accordance with any requirements imposed by the grantor or promisor. If the acceptance occurs before delivery and is not binding as an option contract, it is revocable until the moment of delivery." Restatement (Second) of Contracts § 106 (1979).

qualified corporation See admitted corporation under CORPORATION.

qualified corporation See admitted corporation.

qualified disclaimer 1. A disclaimer with a restriction or condition attached. In this sense it is qualified because it carries the restriction or condition. 2. A person's refusal to accept an interest in property so that he or she can avoid haVing to pay estate or gift taxes. To be effective under federal tax law, the refusal must be in writing and must be executed no later than nine months from the time when the interest was created. In this sense, it is qualified in the sense of being within the lawful exemption. IRC (26 USCA) § 2518.

qualified disclaimer See DISCLAIMER.

qualified domestic trust See TRUST.

qualified domestic-relations order 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 of the Internal Revenue Code, and (3) is exempt from the ERISA rule prohibiting the assignment of plan 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 of benefits going to the alternate payee, and the number of payments 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.

qualified domestic-relations order See QUALIFIED DOMESTIC-RELATIONS ORDER.

qualified elector A legal voter; a person who meets the voting requirements for age, residency, and registration and who has the present right to vote in an election. See VOTER. 3. A person who chooses between alternative rights or claims. 4.The title of certain German princes who had a voice in electing the Holy Roman Emperors. This office sometimes became hereditary and was con nected with territorial possessions.

qualified elector See ELECTOR.

qualified estate Any estate that is not absolute and unconditional; a limited or conditional estate.

qualified estate See ESTATE (1).

qualified fee See base fee.

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 A general denial of all the allegations except the allegations that the pleader expressly admits. "The qualified general denial most frequently is used when a limited number of allegations in the complaint are to be admitted. This form of denial also is employed when defendant cannot expressly deny an averment in his opponent's pleading and therefore cannot submit a general denial, although defendant wants to put plaintiff to his proof on that averment by interposing a denial of knowledge or information sufficient to form a belief or a denial on information and belief." 5 Charles Alan Wright & Arthur Miller, Federal Practice and Procedure § 1266, at 405 (2d ed. 1990).

qualified general denial See DENIAL.

qualified immunity Immunity from civilliability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights. Also termed prima facie privilege. Cf. absolute immunity.

qualified immunity See IMMUNITY (1).

qualified income trust See Miller trust under TRUST.

qualified indorsement See INDORSEMENT.

qualified indorsement An indorsement that passes title to the instrument but limits the indorser's liability to later holders if the instrument is later dishonored. Typically, a qualified indorsement is made by writing "without recourse" or "sans recourse" over the signature. VCC § 3-415(b). Also termed indorsement without recourse. See WITHOUT RECOURSE.

qualified institutional buyer See BUYER.

qualified institutional buyer An institution with more than $100 million in invested assets.

qualified investor See INVESTOR.

qualified investor An investor who is an individual and has an investment portfolio worth at least $5 million, or a company that owns or manages investments worth at least $ 25 million.

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-healthplan administrator must find that the order meets the requirements of a QMCSO, which are established by § 609(a) of the Employee Retirement Income Security Act, 29 USCA § 1169(a). - Abbr. QMCSO.

qualified nuisance See NUISANCE.

qualified opinion An audit-report statement containing exceptions or qualifications to certain items in the accompanying financial statement.

qualified opinion See QUALIFIED OPINION.

qualified ownership See OWNERSHIP.

qualified ownership Ownership that is shared, restricted to a particular use, or limited in the extent of its enjoyment.

qualified pension plan A pension plan that complies with federal law (ERISA) and thus allows the employee to receive tax benefits for contributions and tax-deferred investment growth. Often shortened to qualified plan.

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 plan 1. See qualified pension plan under PENSION PLAN. 2. See qualified profit-sharing plan under PROFIT-SHARING PLAK.

qualified privilege A privilege that immunizes an actor from suit only when the privilege is properly exercised in the performance of a legal or moral duty. Also termed conditional privilege. Cf. absolute privilege. "Qualified privilege ... is an intermediate case between total absence of privilege and the presence of absolute privilege." R.F.V. Heuston, Salmond on the Law of Torts 165 (17th ed. 1977).

qualified privilege See PRIVILEGE (1).

qualified profit-sharing plan See PROFIT-SHARING PLAN.

qualified profit-sharing plan A plan in which an employer s contributions are not taxed to the employee until distribution. The employer is allowed to deduct the contributions. IRC (26 USCA) § 401(a). - Often shortened to qualified plan.

qualified property A temporary or special interest in a thing (such as a right to possess it), subject to being totally extinguished by the occurrence of a specified contingency over which the qualified owner has no control.

qualified property See PROPERTY.

qualified residence interest Interest paid on debt that is secured by ones home and that was incurred to purchase, build, improve, or refinance the home. This type of interest is deductible from adjusted gross income.

qualified S-corporation trust See TRUST (3).

qualified stock option A now-rare stock-option plan that allows a person to buy stock for a period (often five years) at the market price, the stock being subject to capital-gains tax treatment.

qualified stock option See STOCK OPTION.

qualified stock option See STOCK OPTION.

qualified subchapter-S corporation trust See qualified S-corporation trust under TRUST (3).

qualified veto See VETO.

qualified voter 1. See qualified elector under ELECTOR. 2. VOTER (2).

qualified witness See WITNESS.

qualifiedly (kwah-la-fid-lee or -fi-ad-lee), adv. In a fit or qualified manner <qualifiedly privileged>.

qualified-terminable-interest property Property that passes by a QTIP trust from a deceased spouse to the surviving spouse and that (if the executor so elects) qualifies for the marital deduction provided that the surviving spouse is entitled to receive all income in payments made at least annually for life and that no one has the power to appoint the property to anyone other than the surviving spouse. The purpose of the marital deduction is to permit deferral of estate taxes until the death of the surviving spouse. But this property is included in the surviving spouse s estate at death, where it is subject to the federal estate tax. Abbr. QTIP. See QTIP trust under TRUST.

qualified-terminable-interest property See PROPERTY.

qualifying event Anyone of several specified occasions that, but for the continuation-of-coverage provisions under the Consolidated Omnibus Budget Reconciliation 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).

qualifying share A share ofcommon stock purchased by someone in order to become a director of a corporation that requires its directors to be shareholders.

qualifying share See SHARE (2).

qualitatively incidental private benefit A permissible private benefit arising from circumstances under which a benefit to the public cannot be achieved without necessarily also benefiting a private interest.

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 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 of enjoyment of an estate is to be exercised, whether solely, jointly, in common, or in coparcenary.

quality-of-products legislation See LEMON LAW (2).

quam diu sustinuit istam furiositatem (kwam-dee¬yoo sas-tin-[y]oo-it is-tam fyoor-ee-ahs-a-tay-tam). [Law Latin]. How long he has labored under that insanity.

quamdiu (kwam-dee-yoo). [Latin]. 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 arbitrary 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"]. The singular form is quamdiu se bene gesserit "as long as he behaves himself properly." The plural form appears in the Act of Settlement (1701) to protect judges against arbitrary dismissal. Cf. DUM SE BENE GESSERIT.

quamprimum (kwam-pri-mam). [Latin]. As soon as possible.

quamvis non potueritdare (kwam-vis non pah-tyoo-air¬it [or pah-choo-] dair-ee]. [Law Latin]. 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 representative, to be satisfied bv the estate out ofassets that the representative receives after judgment.

quandocunque (kwahn-doh-kang-kwee). [Latin]. At any time.

quandocunque decederit (kwahn-doh-kang-kwee di-see-dar-it). [Latin]. Whenever he died.

quango (kwang-goh). See QIJASI-AUTONOMOUS NONGOVERNMENTAL ORGANIZATION.