Quare Meaning Legal

It takes its name from the words of the ancient writing that began the process until the 19th century. This order was addressed to the sheriff and instructed him to order the defendant to allow the plaintiff to propose a suitable candidate, or to show “why he is hindering the plaintiff in the exercise of his rights” (Latin: quare impedit). The writ of quare impedit was one of the few authentic trials preserved by the Real Property Limitation Act of 1833 and survived until 1860. It was abolished by the Common Law Procedure Act of 1860, and the procedures in quare impedit were modified to make them as similar as possible to those of other actual actions. “Quare impedit.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/quare%20impedit. Retrieved 27 November 2022. Why; Why. Used in the Latin form of several common law documents. A request; Question; Doubt This word, which appears in the program of a reported case or elsewhere, indicates that a question is asked, that follows, or that the particular rule, decision or statement is considered doubtful.

Quare de dubiis, quia per rationes pervenitur ad legitlmam rationem. Ask for questionable points, because by reasoning we arrive at the legal reason. Suffered. F 377. In English law, quare impedit was a statement of claim that initiated an action at common law to decide a disputed right to be presented to a benefit, a right known as advowson. [1] It was usually brought by a boss against a bishop who refused to appoint the boss`s candidate as priest. Where the patron of a benefactor was a Roman Catholic, one of the universities stood in his place (1689, i Will. & Mary, sess. i, c. 29). From 13 Anne v.

13 (1714), while a quare impedit was in progress, in which one of the universities participated, the court was empowered to take an oath for the discovery of a secret trust and to order the cestui que trust to repeat and sign a declaration against transubstantiation. In Scotland, the effect of quare impedit could be achieved by action by the declarant. In the United States, the action was never known because of the different organization of the church. [2] Traditional meaning of quare in English (with some legal use of this Latin term in England and the United States in the nineteenth century) [1]: (in Latin) Therefore; What for. Quare clausum f regit (because it broke the closure): the action for trespassing vi and armis for unauthorized entry into the plaintiff`s property; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 281. Quare ejecit infra terminum (because he threw within the time limit): an action that existed for the dismissed tenant to recover it and damages arising from the feoffee of the infringer or the person making claims under him; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 207. Quare impedit: a genuine legal action for the recovery of a lawyer brought by a patron against a bishop or other person who obstructs its presentation; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 246. Quare incumbravit: a provision for the patron to recover presentation and compensation if the bishop had admitted a scribe alive to a quare impedit, and notwithstanding a ne admittas; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 248. Quare non admisit: a disposition for the patron to obtain compensation from the bishop for not admitting his scribe, according to a brief ad admittendum clericum; see Book 3 (“Of Private Wrongs”), Blackstone`s Commentaries on the Laws of England 250. Quare non permittit: statement of claim for the person who has the right to name the patron because he refuses to present his author.

Quare obstruxit: an injunction against a person who obstructs a right of way. Lat Darum; Why; Why. Used in the Latin form of several common law documents. You must – there are over 200,000 words in our free online dictionary, but you`re looking for one that is only included in the full Merriam-Webster dictionary. The defendant bishop should set out in full in the pleadings the reasons why he refuses. Quare impedit was a remedy reserved exclusively by a patron; The appeal of an agent was only possible before the ecclesiastical tribunal through the Duplex querela procedure. The action would not be time-barred before the expiry of sixty years or three successive obligations affecting the plaintiff`s right, whichever is longer (Real Property Limitation Act 1833, 29). Start your free trial today and get unlimited access to America`s largest dictionary with: .