Legal Definitions - a qua

A qua is a Latin term meaning "from which" or "from whom." In legal contexts, it typically refers to the court, tribunal, or judge from which a case or appeal originates. It designates the lower court or original decision-making body whose ruling or decision is being reviewed, challenged, or appealed to a higher authority.

• Example 1: Appellate Review

  After a state district court issues a judgment in a civil lawsuit, the losing party decides to appeal the decision to the state's court of appeals. In this scenario, the state district court is considered the court a qua because it is the original court from which the appeal proceeds.

• Example 2: Administrative Agency Decisions

  A business receives a penalty from an environmental protection agency for a regulatory violation. The business challenges this decision before an administrative law judge within the agency. If the business is still dissatisfied and seeks judicial review in a federal court, the administrative law judge or the agency's internal review board would be considered the body a qua, as it was the initial decision-maker.

• Example 3: Referral of Specific Issues

  A complex commercial dispute is being heard in a federal court, but a specific technical question related to patent validity arises. The federal court decides to refer this particular question to the U.S. Patent and Trademark Office (USPTO) for an initial expert determination. Once the USPTO provides its finding, which the federal court will then consider, the USPTO acts as the body a qua for that specific patent validity issue, as it is the source of the initial determination on that point.