Daniel Oran - Oran's Dictionary of the Law

398 Qualified privilege

Qualified privilege 1. The right to say or publish something derogatory about a person if done without malice (see that word). Also see privilege. 2. The right, under certain limited circumstances, to withhold information from the other side in a lawsuit. “Attorney work product ” is usually given a qualified privilege that protects it from disclosure.

Qualify (or qualified) 1. See qualification. 2. For qualified plan, see pension plan.

Quality of estate When a person gets property rights, and the type of rights (joint, common, etc.) that the person gets in a deed.

Quando (Latin) When.

Quantum meruit (Latin) “As much as he deserved.” An old form of pleading used in a lawsuit for compensation for work done. The theory of quantum meruit (fair payment for work done) is still used in modern contract law. See also quasi contract. [pronounce: quan-tum mer-u-it]

Quantum valebant (Latin) “As much as they were worth.” An old form of pleading used in a lawsuit for payment for goods sold and delivered. The theory of quantum valebant (fair payment for goods delivered) is still used in modern contract law. See also unjust enrichment.

Quarantine A holding or isolation period. The government usually has the right to hold and isolate a ship, isolate a person, forbid the transportation of goods, etc., in order to prevent the spread of a disease, of a pest, etc.

Quare (Latin) “Wherefore.” For example, “quare clausum fregit ” means “wherefore he broke the close,” which describes an old form of pleading in a lawsuit that requests damages from someone who committed a trespass (“broke the close”) on your land. Not quaere. [pronounce: kwa-re]

Quarters of coverage The number of quarters of the year (January– March, April–June, July–Sept., Oct.–Dec.) that a person has made payments into the Social Security fund. Retirement (and other) benefits depend on this.

Quash Overthrow; annul; completely do away with. (Quash usually refers to a court stopping a subpoena, an order, or an indictment.)

Quasi (Latin) “Sort of”; “as if.”

Quasi contract An obligation “sort of like” a contract that is created, not by an agreement, but by law. The principle of quasi contract is used to bring about a fair result when a person’s actions or the relationship between persons makes it clear that one should owe an obligation to the other that is similar to a contract. For example, if a

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doctor in a hospital treats an unconscious person in an emergency, the person cannot contract for the help. Since it would be unfair for the doctor to be unpaid and since the victim probably would have agreed to pay, the law imposes an obligation to pay the amount deserved (quantum meruit). Quasi contract is also called constructive contract and implied-in-law contract. Compare with implied-in-fact contract.

Quasi corporation A joint stock company.

Quasi in rem See in rem.

Quasi-judicial Describes the case-deciding function of an administrative agency when it acts like a court.

Quasi-legislative Describes the rule-making function of an administrative agency when it acts like a legislature.

Quasi-suspect classification See suspect classification.

Queen’s Bench See King’s Bench.

Query Question (see that word). Also see quaere.

Question 1. A subject or matter to be investigated, looked into, debated, etc. 2. A point in dispute in a lawsuit; an issue for decision by judge or jury. 3. For leading question, hypothetical question, questions of fact and law, etc., see those words.

Questman (or questmonger) In old England, a person who started lawsuits or prosecutions, checked weights and measures, and investigated public fraud and abuse.

Qui (Latin) He or she (who). For example, qui non negat fatetur means “he or she who does not deny something admits it.”

Qui tam (Latin) “Who (for himself) as well as (for the government).” Describes a lawsuit brought by an individual on behalf of the government, or brought by the government based on an informer’s tip. If the government collects a fine or penalty from the lawsuit, the informer may get a share. See also whistleblower.

Quia timet (Latin) “Because of fears.” Describes a request to a court, similar to a request for an injunction (see that word).

Quick assets A company’s cash, plus its liquid assets (those that can be quickly and easily sold for cash). Quick assets are current assets minus inventory (see those words). “Net quick assets” are quick assets minus current liabilities (what the company owes that comes due soon). The “quick asset ratio” (or “quick ratio” or “acid test ratio”) is quick assets divided by current liabilities. These are measures of whether a company can meet unexpected obligations, can

400 Quid pro quo

take advantage of unexpected opportunities, and has good shortterm prospects and survivability.

Quid pro quo Something for something; this for that. The giving of one valuable thing for another. A quid pro quo can be the consideration

(see that word) required for a valid contract.

Quiet Free from interference or disturbance. For example, an action to quiet title is a way of establishing clear ownership of land, and a covenant for quiet enjoyment is, among other things, a promise in a deed that the seller will protect the buyer against claims or lawsuits based on ownership rights.

Quietus A final discharge from a debt or obligation.

Quit 1. Leave and give up possession of a place. 2. Free or clear of a debt, of a criminal charge, etc.

Quitclaim deed A deed that passes on to the buyer all those rights or as much of a title as a seller actually has. A quitclaim deed does not warrant (promise) that the seller actually has any rights at all to sell.

Quittance Release from a debt or obligation.

Quo animo (Latin) “With what intention or motive.” See animo for other phrases with “animo.”

Quo warranto (Latin) “With what authority.” Describes a proceeding in which a court questions the right of a person (usually a public official) to take a certain action or to hold a certain office.

Quod (Latin) 1. That which; that. 2. For quod vide, see Q.V.

Quorum The number of persons who must be present to make the votes and other actions of a group (such as a board) valid. This number is often a majority (over half) of the whole group, but is sometimes much less or much more.

Quota 1. An assigned goal or minimum requirement, such as a certain minimum amount of sales a salesperson must make. 2. A limit, such as the maximum number of cars that may be imported from a particular country. 3. A proportional share of a liability.

Quotation (or quote) The selling or asking price of a stock, other security, or commodity.

Quotient verdict A jury’s decision about the amount of damages to award, which is arrived at by each juror’s writing down a dollar amount, then adding them all up, and dividing by the number of jurors. This type of compromise verdict may be permitted to help discussion, but not as a way of computing an amount for a final decision. [pronounce: kwo-shent]

402 Racketeering

Racketeering 1. Extortion by organized crime (usually threats of violence against a person or business to stop competition or to extract “protection money”). 2. The charging of illegal interest on loans or the large-scale, organized conduct of illegal gambling, narcotics traffic, prostitution, etc. See also R.I.C.O.

Rack-rent Exorbitantly high rent.

Raid 1. One company’s attempt to take over another company by buying its stock to gain control of its board of directors. This is often accomplished by a tender offer. The takeover is more often called a raid when the “raiders” want something the company has (such as retained earnings or a salable asset) rather than wanting to run the company as an ongoing business. 2. Steal another company’s employees or business. 3. See also bear raiding.

Railroad Rush something through; for example, force a bill through a legislature over the objections of some of its members or convict a person without due process.

Railway Labor Act (45 U.S.C. 151) A 1962 federal law that established mediation and other procedures for handling labor disputes between railroad companies and their employees.

Rainmaker Slang for a person who brings a lot of new business into a firm.

Raise 1. To raise funds is to solicit or collect money. 2. To raise an issue is to make it a subject of discussion or a problem for decision in a lawsuit. 3. To raise a presumption is to say or do something that creates an inference that something else happened or is true. 4. To raise a check is to alter it fraudulently so that the amount paid on it is higher.

Raising portions An old word (from the time when the oldest son inherited all land) referring to the duty of the oldest son to give money to the other children.

Rake-off An illegal bribe, payoff, or skimming of the profits of a business.

Range 1. A straight row of townships running North-South within a state on government maps. Compare with tier. 2. A large, open grazing area, whether public or private.

Ransom 1. Money or property paid to free a kidnapped person or to free persons or property captured during war. 2. In old English law, money paid to obtain a pardon for a major crime.

Rap sheet A police or other government document listing a person’s arrest and conviction record.

Ratio legis 403

Rape The crime of a man imposing sexual intercourse by force or otherwise without legally valid consent. Also, statutory rape is the crime of a man having sexual intercourse with a girl under a certain stateset age (whether or not the girl consents). The definition of what precise acts constitute rape (and whether or not a man can be raped or a woman can rape) differs from state to state, as does the terminology (aggravated sexual abuse, criminal sexual conduct, first degree sexual assault, sexual battery, etc.). For rape shield law, see shield law.

Rapine An old word for the act of taking a person’s property by force. Rasure 1. Scraping a paper to remove letters or words. 2. Any oblitera-

tion of a document, including erasure, lining over, etc.

Ratable 1. Proportional; adjusted by some formula or percentage. 2. Describes a proportional, but usually unequal division. 3. Capable of being evaluated. 4. Taxable.

Rate 1. An amount fixed by mathematical formulas or adjusted according to some standard; for example, an interest rate. 2. A charge that is the same to all persons for the same service; for example, a shipping rate. 3. A classification by quality; for example, a “first-rate insurance risk.” 4. For discount rate, prime rate, etc., see those words.

Rate base The property value (or investment amount) upon which a public service commission calculates a utilities profit.

Rate fixing The power of some administrative agencies (such as state power commissions) to set the charges a company may get for its services. This is not the same as price fixing, which is done by sellers of goods or services and is often illegal.

Rate of return Profit as a percentage of money or property value invested.

Ratification Confirmation and acceptance of a previous act done by you or by another person. For example, when the president signs a treaty, the Senate must ratify it (make it valid from the moment it was signed). Also, if a child makes a contract, it is probably not enforceable against the child, but if the child ratifies it after becoming an adult, it becomes a binding contract. Compare with reaffirmation.

Ratio decidendi (Latin) “Reason for decision.” The rationale for a judge’s holding; the basic ideas a judge uses to come to a decision in a case. [pronounce: ra-shee-o des-i-den-dee]

Ratio legis (Latin) 1. The reason or purpose for passing a law; the problem or situation that makes a law necessary. 2. The basic reasoning or principle behind a law; the legal theory on which it is based.

404 Rational basis (or purpose) test

Rational basis (or purpose) test The principle that a court should not second-guess a legislature (or an administrative agency) about the wisdom of a law (or of an administrative decision) if the law (or decision) has some rational basis. Compare with strict scrutiny test.

Ravishment 1. Rape. 2. An old word for unlawfully taking away a person who is in the care of another.

Re (Latin) “Concerning”; see in re.

Reacquired stock Treasury stock.

Readjustment A reorganization of a company in financial trouble that is done voluntarily by the owners without court or other intervention.

Reaffirmation Agreement to something previously agreed to, especially if the prior agreement is not enforceable. Reaffirmation may make the following types of agreements enforceable: debts for which the statute of limitations has run; agreements that must be in writing but are not; and debts under an agreement discharged in bankruptcy.

Compare with ratification.

Real 1. Having to do with land and things permanently attached to the land, such as buildings. 2. Having to do with a thing, rather than with a person. For example, a real defense against a lawsuit to enforce a document is a defense that challenges the validity of the document, rather than challenging the circumstances surrounding it. Real defenses include forgery, the fact that the person signing was a minor, alteration of the document, etc., but not such things as duress.

Real estate Land, buildings, and things permanently attached to land and buildings. Also called realty and real property.

Real estate investment trust An arrangement in which investors buy shares in a trust that invests in real estate. To qualify for special income tax benefits, a R.E.I.T. must meet certain requirements, such as being unincorporated, having fewer than a certain number of investors, and gaining most of its income from real estate and related financial ventures.

Real Estate Settlement Procedures Act See R.E.S.P.A.

Real evidence Objects seen by the jury; for example, wounds, fingerprints, weapons used in a crime, etc.

Real party in interest 1. Someone who has a legal right to bring a lawsuit, whether or not the person is the one who will ultimately benefit from winning. But see no. 2. 2. The person who will ultimately benefit from winning a lawsuit, whether or not that person brought it initially.

Realized Actual; “in hand”; cashed in. For example, a realized profit is a cash-in-hand gain as opposed to a paper profit. A realized gain or

Rebate 405

loss is the difference between the net sale price of something and its net cost (or, in tax terms, its adjusted basis). Income or loss is realized when a “taxable event ” takes place, typically a sale or exchange of property. Not all gain that is realized is recognized. Non- recognition provisions of the tax law allow taxation of certain gains to be deferred.

Realtor® A real estate broker who belongs to the National Association of Realtors.

Realty Real estate.

Reapportionment Changing the boundaries of legislative districts to reflect changes in population and ensure that each person’s vote for representatives carries roughly equal weight. See also gerrymander.

Reargument Additional argument to clarify a prior legal point or to consider a legal point that should have been considered previously. Compare rehearing.

Reasonable A broad, flexible word used to make sure that a decision is based on the facts of a particular situation, rather than on abstract legal principles. It has no exact definition, but can mean “fair,” “appropriate,” “moderate,” “rational,” etc. When reading the following examples, remember that the definitions tend to be circular and depend on the actual situation, not on the precise words used. For example, reasonable care has been defined as “that degree of care a person of ordinary prudence (the so-called reasonable person) would exercise in similar circumstances”; and reasonable doubt “is not mere conjecture, but doubt that would cause prudent persons to hesitate before acting in matters important to themselves.”

Reasonable belief See probable cause no. 2.

Reasonable inference rule The principle that a jury may draw any reasonable inferences from evidence and use those inferences in deciding a case.

Reasonable person (or man) doctrine See reasonable and foreseeability.

Reasonable woman test The Equal Employment Opportunity Commission’s standard for whether a man’s conduct is so offensive as to create either sexual harassment or a hostile environment for a woman to work: what would a reasonable woman (as opposed to a reasonable man) think?

Reassessment The government’s reestimating of the value of property and changing the official value it gives to that property for tax purposes.

Rebate A discount, deduction, or refund.

406 Rebellion

Rebellion Organized, armed resistance to the government. If it succeeds, it may be a revolution.

Rebus sic stantibus (Latin) “At this state of affairs.” A principle of international law that if conditions change greatly after making a treaty or other agreement, the treaty is voidable.

Rebut Dispute, defeat, or take away the effect of facts or arguments. Rebuttal is formal contradiction of statements made by an adversary.

Rebuttable Disputable. For example, a rebuttable presumption is a conclusion that will be drawn unless evidence is presented that counters it.

Rebutter A common-law pleading, the third by the defendant.

Recall 1. Remove an elected official from office by a vote of the people. 2. Take away a diplomat’s job and bring him or her back from a foreign country. 3. Notify car (or other product) owners of a safety defect and offer to fix it. 4. Revoke, cancel or vacate a judgment because facts originally relied upon to grant it are found to be wrong.

Recapitalization Readjusting the types, amounts, values and priorities of a corporation’s stocks and bonds.

Recaption Taking something back that has been taken away. Recapture 1. An I.R.S. recovery of a tax benefit of a prior deduction or

credit taken by a taxpayer, usually when circumstances have changed from those that were assumed when the original benefit was claimed. 2. A contract provision that limits profits or provides for the recovery of goods in special situations. 3. A lease provision giving the landlord a percentage of profits and allowing the landlord to end the lease if profits are not high enough.

Receipt 1. A written document acknowledging that something has been received or put into your hands. 2. The act of getting or receiving.

Receipts Money that comes into a business (usually through sales).

Receivables See accounts receivable.

Receive evidence See admission of evidence.

Receiver 1. An outside person appointed by the court to manage money and property during a lawsuit. 2. A person who gets stolen goods.

Receivership A court putting money or property into the management of a receiver (see that word) in order to preserve it for the persons ultimately entitled to it. This is often done when the creditors of a business suspect fraud or gross mismanagement and ask the court to step in and watch over the business to protect them.

Receiving stolen goods (or property) The criminal offense of getting or concealing property known to be stolen by another.

Recognition 407

Recent theft rule The principle that if a person is found with recently stolen property, there is a presumption that he or she is the thief.

Recess 1. A brief break taken by a court, usually lasting an hour or two at most. 2. A break in a legislative session, sometimes lasting many weeks.

Recidivist 1. A repeat criminal offender. 2. A habitual criminal.

Reciprocal Mutual (done together) and bilateral (two-sided, two-way, or done one for the other). For example, reciprocal wills are wills made by two persons, and enforceable against each other because each person put something in his or her will that the other asked for; reciprocal sales involve a company that gets unusually good prices when it buys things from a company to which it also sells (or a company that favors customers by buying goods from the customer), in possible violation of antitrust acts; and reciprocal trade agreements are agreements between countries to lower import taxes on goods traded between the countries.

Reciprocal Enforcement of Support Act A law, adopted in most states, that allows a spouse (or parent of a child) in one state to enforce support obligations on the other spouse (or parent) in another state. The latest version of the law is the Revised Uniform Reciprocal Enforcement of Support Act (R.U.R.E.S.A.).

Reciprocity 1. Two states (or countries) giving identical privileges to the citizens of the other state. 2. See reciprocal.

Recision See rescission.

Recital 1. A formal statement in a document that explains the reasons for the document or for the transaction involving the document. 2. Any formal listing of specific facts.

Reckless “Reckless” can mean anything from “careless and inattentive” or “indifferent to consequences” to a “willful disregard for danger to the life or safety of others,” but usually involves more than negligence and can lead to both civil and criminal penalties.

Reclamation 1. A seller’s right, under certain circumstances, to take back goods sold to a buyer who cannot pay for them. 2. A reclamation act is a federal law setting up a system of water storage and diversion projects in Western states, primarily for making dry lands productive.

Recognition 1. Designation of a gain or loss due to a taxable event (such as a sale of property) as “taxable” in the current tax year. Gains upon sale of property are taxable in the current year unless there is an applicable nonrecognition provision. See realized for further discussion. 2. Acknowledgment that something done by another person in