Latin for Lawyers

QUIET

exchange for sexual favors, or the threat that employment privileges will be denied or curtailed if the favors are not granted. QUIET [L. quies / rest, repose] Still, hushed. Silent, not speaking. To eliminate noise. To put at rest. To free from disturbance or contention. An action to quiet title is an action to resolve all issues concerning title to property. The court is asked to make a final and Literally, he who acts through others acts for himself. In simple form, this Latin maxim states the essential principle which still controls the law of agency, i.e., a principal who appoints or authorizes an agent to act for him will be bound by the acts of the agent in the performance of his authority. QUI MANDAT IPSE FECISSI VIDETUR He who commands (the act) is deemed to have committed it himself. QUI TACET CONSENTIRE VIDETUR He who is silent is deemed to consent. QUI TAM [L. qui / who, he who + tam / as much as, equally with] An abbreviation for the Latin maxim, “he sues on behalf of the king as well as in his own right.” A qui tam action is a civil action brought by an informer for the benefit of himself and the state, to recover part of the penalty or fine exacted for commission by another of an unlawful act, such as in submitting a false claim against the government. After the informer is paid his share, the balance of the fine or penalty belongs to the state. QUO ANIMO [L. quo / what + animus / the spiritual; the soul; the heart] By what intention or motive? What did he intend to do? What motivated him? An inquiry into the defendant’s motives. QUOD COMPUTET [L. quod / whereas, the fact that + computare / to com pute, calculate] Literally, that he account. Let him acccount. The judgment of the court in an action for an accounting establishing the duty to account but not the amount due. Determination of the latter was referred to a referee or master. QUOD CUM [L. quod + cum / with, together with] Whereas. The phrase used to introduce a pleading or declaration at common law. binding resolution of all conflicting claims. QUI FACIT PER ALLIUM FACIT PER SE

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