Legal Definition and Related Resources of Quare
Meaning of Quare
(Lat.) In pleading. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory; and therefore, when a declaration began with complaining of the defendant, “wherefore with force, etc., he broke and entered” the plaintiff’s close, it was considered ill. Bac. Abr. “Pleas” (B 5, 4) ; Gould, PL c. 3, § 34.
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Quare in the Dictionary | Quare in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Quare |
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Related topics | Quare in the World Encyclopedia of Law |
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This definition of Quare is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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- Q
Concept of “Quare”
Traditional meaning of quare in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Wherefore; why. Quare clausum f regit (because he broke the close): the action of trespass vi et armis for unlawful entry on the plaintiff’s land; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 281. Quare ejecit infra terminum (because he ejected within the term): an action which lay for the ousted tenant of a term to recover it and damages from the feoffee of the wrong-doer, or person claiming under him; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 207. Quare impedit: a real action to recover an advowson, brought by a patron against a bishop or other person hindering his presentation; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 246. Quare incumbravit: a writ for the patron to recover the presentation and damages when the bishop had admitted a clerk to the living pending a quare impedit, and notwithstanding a ne admittas; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 248. Quare non admisit: a writ for the patron to recover damages from the bishop for not admitting his clerk, after a writ ad admittendum clericum; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 250. Quare non permittit: a writ for him who has the right of nomination against the patron for refusing to present his clerk. Quare obstruxit: a writ against a person obstructing a right of way.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Quare”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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Quare
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