Glossary of US Legal Terms Q-T

Q

Quantum meruit: A Latin term meaning “as much as he deserves,” a quasi-contractual remedy for the reasonable value of services rendered when no express contract exists. Quantum meruit prevents unjust enrichment by compensating the provider for the benefit conferred. The plaintiff must show that services were provided, the defendant accepted them, and it would be inequitable not to pay.

Quasi-contract: An obligation imposed by law to prevent unjust enrichment, not based on actual agreement between parties. Quasi-contracts are implied in law and provide a remedy when no contract exists but fairness requires compensation. They are distinct from implied in fact contracts, which are based on actual agreement inferred from conduct.

Quid pro quo: A Latin term meaning “something for something,” referring to the exchange of reciprocal benefits. Quid pro quo harassment involves conditioning job benefits on sexual favors. In contract law, quid pro quo describes the bargained-for exchange of consideration.

Quiet title: A lawsuit to establish ownership of property by removing competing claims. The plaintiff asks the court to declare the rights of all parties with potential claims. A quiet title action resolves disputes about title and clears the chain of title.

Quo warranto: A Latin term meaning “by what authority,” a legal action challenging a person’s right to hold public office or exercise a franchise. Quo warranto proceedings test whether the officeholder has the legal qualifications or authority. The writ is an extraordinary remedy rarely used today.

R

Ratification: The approval or confirmation of a prior act, making it legally binding. In contract law, a principal may ratify an agent’s unauthorized act, thereby becoming bound. Ratification may be express or implied by conduct indicating acceptance.

Real property: Land and anything permanently attached to it, including buildings and fixtures. Real property is distinguished from personal property (movable items). Ownership of real property includes rights to possess, use, and dispose of the property.

Reasonable care: The degree of care a reasonably prudent person would exercise under similar circumstances. Reasonable care is the standard for negligence claims and varies with the circumstances. The standard is objective, focusing on what a reasonable person would do.

Reasonable doubt: The standard of proof in criminal cases, requiring moral certainty of guilt. The prosecution must prove every element beyond a reasonable doubt. This standard is higher than clear and convincing evidence and preponderance of the evidence.

Rebuttal: Evidence presented to counter or refute evidence introduced by the opposing party. Rebuttal evidence must address matters first raised in the opposing case. The scope of rebuttal is within the court’s discretion.

Receiver: A person appointed by a court to manage property or assets subject to litigation. Receivers are fiduciaries who take custody of assets pending resolution of the dispute. The receiver must report to the court and act in accordance with court orders.

Reciprocity: The mutual recognition of rights or privileges between states or nations. Reciprocity agreements allow attorneys to practice across state lines and states to recognize each other’s judgments. Comity is a related principle of mutual respect.

Recusal: The voluntary withdrawal of a judge from a case due to bias, conflict of interest, or lack of impartiality. Federal law requires recusal when the judge’s impartiality might reasonably be questioned. The judge must disclose grounds for recusal.

Redirect examination: The opportunity to question a witness after cross-examination, limited to matters raised on cross. Redirect allows the party who called the witness to rehabilitate credibility. The court may permit questioning beyond the scope of cross in its discretion.

Reformation: An equitable remedy allowing a court to rewrite a contract to reflect the parties’ true intentions. Reformation is available when mutual mistake or fraud caused the written agreement to deviate from the parties’ agreement. The remedy corrects the writing rather than rescinding the contract.

Regulation: A rule issued by an administrative agency having the force of law. Regulations are promulgated through notice-and-comment rulemaking under the Administrative Procedure Act. They implement statutes and have the same binding effect as statutory law.

Rehabilitation: The goal of correcting criminal behavior through treatment, education, and training. Rehabilitation is one of the traditional purposes of criminal sentencing. Indeterminate sentencing and parole systems are based on rehabilitation principles.

Relevancy: The tendency of evidence to make a fact of consequence more or less probable. Relevant evidence is generally admissible under Federal Rule of Evidence 402. Irrelevant evidence is inadmissible, and relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice.

Remand: The return of a case from an appellate court to a lower court for further proceedings. The lower court must follow the appellate court’s instructions. Remand may be for a new trial, resentencing, or reconsideration of specific issues.

Remedy: The means by which a court enforces a right or compensates for its violation. Remedies may be legal (damages) or equitable (injunctions, specific performance). The remedy should be commensurate with the injury.

Removal: The transfer of a case from state court to federal court. Removal is available when the federal court would have had original jurisdiction. The defendant must file a notice of removal within 30 days of service.

Replevin: An action to recover possession of wrongfully taken personal property. Replevin allows the owner to recover the property itself rather than its value. The plaintiff may seek prejudgment possession through a writ of replevin.

Res ipsa loquitur: A Latin term meaning “the thing speaks for itself,” a tort doctrine allowing negligence inference from the nature of an accident. The doctrine applies when the accident is of a kind that ordinarily does not occur without negligence, the defendant had exclusive control, and the plaintiff did not contribute. Res ipsa creates an inference the jury may accept or reject.

Res judicata: A Latin term meaning “the thing has been judged,” the doctrine barring relitigation of claims already decided. Res judicata requires a final judgment on the merits and prevents parties from bringing claims that were or could have been litigated. The doctrine promotes finality and judicial economy.

Rescission: The cancellation of a contract, restoring parties to their pre-contract positions. Rescission is available for fraud, mistake, duress, or material breach. The party seeking rescission must return any benefits received.

Respondeat superior: A Latin term meaning “let the master answer,” the doctrine holding employers liable for employee acts within the scope of employment. The employer’s liability is vicarious based on the employment relationship. The employee must be acting within the scope of employment at the time of the wrongful conduct.

Respondent: The party against whom an appeal or petition is brought. In the Supreme Court, the respondent opposes the petition for certiorari. The respondent files a brief defending the lower court’s decision.

Restitution: A court-ordered payment to compensate a victim for loss caused by the defendant’s conduct. Restitution is mandatory in federal criminal cases. Restitution is also available as a civil remedy to prevent unjust enrichment.

Restraining order: A temporary court order prohibiting a person from engaging in specified conduct. Temporary restraining orders may be issued ex parte in emergencies. The order remains in effect until a hearing on a preliminary injunction.

Retainer: An advance payment to secure legal services. General retainers secure the attorney’s availability, while special retainers are advance payments for anticipated services. The retainer must be held in trust until earned.

Reverse: An appellate court decision setting aside a lower court’s judgment. Reversal may be accompanied by a remand for further proceedings. The appellate court reverses when the lower court committed legal error.

Ripeness: The doctrine requiring that a case present an actual, present controversy before a court will adjudicate it. Ripeness ensures that issues are not hypothetical or premature. The court considers the hardship to the parties and the fitness of the issues for decision.

S

Search warrant: A court order authorizing law enforcement to search a specified location and seize evidence. The Fourth Amendment requires probable cause and particularity. The warrant must describe the place to be searched and items to be seized.

Security interest: A legal claim on collateral securing payment or performance of an obligation. Security interests are created under Article 9 of the Uniform Commercial Code. Perfection through filing gives priority over other creditors.

Self-incrimination: The Fifth Amendment right against being compelled to testify against oneself. The privilege applies to testimonial evidence in criminal and civil proceedings. Miranda warnings protect this right during custodial interrogation.

Sentence: The punishment imposed on a criminal defendant convicted of an offense. Sentences may include imprisonment, probation, fines, restitution, and community service. Sentencing guidelines provide a framework for federal sentences.

Separation of powers: The constitutional division of governmental authority among legislative, executive, and judicial branches. The principle prevents concentration of power and provides checks and balances. Each branch has distinct powers and may check the others.

Sequester: To separate a jury from outside influence during trial or deliberation. Sequestered jurors are housed in hotels and not allowed contact with the public. Sequestration is rare and reserved for high-profile cases.

Service of process: The delivery of legal documents to notify a party of a lawsuit and establish personal jurisdiction. Service must be in accordance with procedural rules, including personal delivery, mail, or publication. Improper service may result in dismissal.

Settlement: An agreement between parties resolving a dispute without trial. Settlements may be reached at any stage of litigation and often save significant costs. Settlement agreements are contracts enforceable by the court.

Severance: The separation of claims or parties for separate trial. The court may sever claims to avoid prejudice or promote judicial economy. Severance results in separate actions.

Slander: Oral defamation of character. Slander requires a false statement that damages reputation. Special damages must be proved unless the statement falls within slander per se categories.

Sovereign immunity: The doctrine protecting the government from suit without its consent. The Federal Tort Claims Act waives sovereign immunity for certain tort claims. State sovereign immunity is protected by the Eleventh Amendment.

Specific performance: An equitable remedy requiring a party to perform contractual obligations as promised. Specific performance is available when damages are inadequate, such as for unique property. The remedy is discretionary.

Standing: The legal right to bring a lawsuit, requiring injury, causation, and redressability. Standing is a constitutional requirement under Article III. The plaintiff must have a concrete, particularized injury traceable to the defendant.

Stare decisis: A Latin term meaning “to stand by things decided,” the doctrine of following precedent. Stare decisis promotes consistency and predictability. The Supreme Court may overrule precedent in exceptional circumstances.

Statute: A law enacted by a legislative body. Statutes are codified in the United States Code. Courts interpret statutes according to their plain meaning and legislative intent.

Statute of frauds: A legal requirement that certain contracts be in writing to be enforceable. Contracts for the sale of land, contracts for goods over a specified value, and contracts that cannot be performed within one year must be in writing.

Statute of limitations: A law setting the maximum time period for bringing legal proceedings. The period varies by claim type and jurisdiction. The statute begins running when the claim accrues.

Stay: A court order suspending legal proceedings. Stays may be granted to allow appeal, await related proceedings, or accommodate party circumstances. The court may impose conditions on the stay.

Strict liability: Liability without proof of fault, imposed for inherently dangerous activities or defective products. Strict liability is based on the risk created rather than the reasonableness of conduct. Strict liability applies to abnormally dangerous activities and products liability.

Subpoena: A court order requiring a person to appear and testify or produce documents. Subpoenas must be served in accordance with procedural rules. Failure to comply may result in contempt.

Subpoena duces tecum: A subpoena ordering the production of documents or evidence. The subpoena must describe the items sought with reasonable particularity. The court may quash or modify an unduly burdensome subpoena.

Subrogation: The substitution of one party for another in a claim or right. Insurers often exercise subrogation rights to recover payments made to insureds. Subrogation allows the insurer to step into the insured’s shoes.

Substantive due process: The constitutional protection of fundamental rights from government interference. Substantive due process protects rights not specifically enumerated in the Constitution. The doctrine has been applied to privacy, marriage, and family relationships.

Suit: A legal proceeding brought by one party against another. Suits are initiated by filing a complaint. The term encompasses civil and criminal proceedings.

Summons: A notice informing a defendant of a lawsuit and the requirement to respond. The summons directs the defendant to answer within a specified time. Failure to respond may result in default judgment.

Supremacy Clause: The constitutional provision establishing federal law as the supreme law of the land. The Supremacy Clause is in Article VI. It ensures that valid federal law preempts conflicting state law.

Surety: A person who guarantees the performance of another’s obligation. Sureties are often required for bonds in litigation. The surety is liable if the principal defaults.

Sustain: A court’s ruling upholding an objection. When an objection is sustained, the testimony or evidence is excluded. The ruling preserves the issue for appeal.

T

Temporary restraining order (TRO): A short-term emergency injunction issued without notice to the opposing party. TROs last no more than 14 days in federal court. The applicant must show immediate irreparable harm.

Testament: A will disposing of personal property. Testaments are governed by state law. Execution requires testamentary capacity and compliance with formalities.

Testator: A person who makes a will. The testator must have testamentary capacity and intent. The will must be signed in the presence of witnesses.

Testimony: Oral evidence given by a witness under oath. Testimony is subject to cross-examination. Perjury may result from false testimony.

Third party: A person who is not a party to a contract or lawsuit but may have related rights or interests. Third-party beneficiaries may enforce contract rights. Third-party claims may be brought in interpleader or impleader.

Tort: A civil wrong causing injury, giving rise to a claim for damages. Torts include negligence, intentional torts, and strict liability. Tort law compensates victims and deters wrongful conduct.

Tortfeasor: A person who commits a tort. Joint tortfeasors are jointly and severally liable. The tortfeasor must pay damages for injuries caused.

Transcript: The official written record of court proceedings. Transcripts are prepared by court reporters. Parties may order transcripts for appeal.

Transfer: The movement of a case from one court to another. Transfer may be for venue or jurisdiction reasons. The receiving court must have authority to hear the case.

Trespass: Unlawful entry onto another’s property. Trespass may be to land or personal property. The owner may recover damages and seek injunctive relief.

Trial: A formal court proceeding for the determination of disputed facts and application of law. Trials may be by jury or bench. The trial concludes with a judgment.

Tribunal: A court or other adjudicative body. Tribunals include administrative agencies and arbitration panels. They resolve disputes through adversarial proceedings.

Trust: A fiduciary arrangement in which property is held and managed by one person for the benefit of another. Trusts avoid probate and provide tax benefits. The trustee owes fiduciary duties to the beneficiaries.

Trustee: The person holding legal title to property for the benefit of another. The trustee must administer the trust according to its terms. Trustees are fiduciaries subject to duties of loyalty and care.

Tort reform: Legislative efforts to limit tort liability, damages, or access to civil courts. Tort reform includes caps on damages, limits on joint and several liability, and restrictions on punitive damages. Proponents argue it reduces litigation costs; critics contend it limits access to justice.