Latin for Lawyers

QUOTA

QUOTA [L. quot , quotus / how many, which number] An assigned number, as in an immigration quota , which fixes the number of individuals from one country who may enter another country in a given period for purposes of permanent residence. Also, that part or share of a whole which is assigned to each person or thing sharing in the whole, as the share of each insurer in a group of insurers covering a particular risk. QUOTATION [L. quot , quotus ] The publication of bids, offers, or prices. An extract or passage from a text, whether written or spoken. The production before a court or judge of the text of a statute, opinion or other authority in support of a party’s position. QUOTIENT VERDICT [L. quotus + verus / true, truthful + dicto , dictare / to say again] A verdict which is arrived at when each juror writes down his own assess ment of damages, the assessments of all the jurors are totalled, and the total is divided by the number of jurors. Quotient verdicts are improper and a basis for mistrial, unless it can be shown that the jury used the resulting number only as one factor in a full discussion of damages and adopted it as fair only after a true consensus of views. QUO WARRANTO [L. quo , plus warranto / a word which did not exist in Latin but came into use at common law from the French; the phrase is treated as a Latinism, however] Literally, by what right or authority? At common law, a writ emanating from the right of the King to inquire into the right of an official to perform an act or of an individual to exercise a license or franchise. A writ which enabled a court to determine whether an official who presumed to exercise some authority was entitled to do so under the law. The writ was intended to pre vent the unlawful and unauthorized usurpation of power or authority by pub lic officers. In the law of corporations, quo warranto proceedings test whether a corporation was properly formed or has a valid existence, and also whether it has a power it claims for itself. The state in which a corporation doing business may bring a quo warranto action to attack the corporate status of the business. Defacto corporations and corporations by estoppel are sub ject to attack by the state in these proceedings, as are corporations which exceed their powers.

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