courts and procedure

Definition

Latin for "by what warrant (or authority)?" A writ quo warranto is used to challenge a person's right to hold a public or corporate office. A state may also use a quo warranto action to revoke a corporation's charter. 

Illustrative caselaw

See, e.g. First Nat. Bank in St. Louis v. Missouri, 263 U.S. 640 (1924).

See also

• Federal Rules of Civil Procedure 81(a)(4)

Definition

1) A proceeding conducted by an administrative or executive official that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial proceeding.

2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as a judge. 

Definition

Historically, the highest court in England during the reign of a queen (called the King's Bench during the reign of a king). The Queen's Bench is now called the Queen's Bench Division and is one of three divisions of Great Britain's High Court. The other two divisions are the Chancery Division and the Family Division.

Definition

A civil proceeding that may result in a penalty akin to a criminal penalty, e.g. imprisonment. Little v. Streater, 452 U.S. 1, 10 (1981). The U.S. Supreme Court has described punitive damages as a "quasi-criminal punishment." Pacific Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 19 (1991).

Definition

Latin for "as if." Commonly used as a prefix to show that one thing resembles, but is not actually, another thing. For example, a quasi-contract resembles, but is not actually, a contract.

Illustrative caselaw

See, e.g. Humphrey's Ex'r v. United States, 295 U.S. 602 (1935).

See also

• Quasi-community property

• Quasi contract

• Quasi-corporation

• Quasi-criminal (proceeding)

Definition

Under the business records exception to hearsay, a witness who lays the foundation for the admission of a company's business records into evidence. 

Definition

To offer or present for immediate acceptance or rejection, usually evidence at trial.

Definition

A type of investment fraud in which investors are promised artificially high rates of return with little or no risk; original investors and the perpetrators of the fraud are paid off by funds from later investors, but there is little or no actual business activity that produces revenue.

Definition

The condition or practice of having more than one spouse at the same time. Polygamy as a crime originated in the common law, and it is now outlawed in every state. As a crime, polygamy is often synonymous with bigamy (marrying one spouse while already being married to another).

Definition

Subject matter that the Supreme Court deems to be inappropriate for judicial review because discretionary power over it should be left to the politically accountable branches of government (i.e., the President and Congress).