Legal Definitions - pro querente

pro querente is a Latin legal phrase meaning "for the plaintiff." In historical legal contexts, particularly in old law reports and records, it indicated actions, arguments, or decisions that favored the party who initiated the lawsuit (the plaintiff).

• Example 1: In a 17th-century court ledger detailing a property dispute, a clerk might have noted, "Argumentum advocati pro querente validum est," meaning "The advocate's argument for the plaintiff is valid."

  This illustrates pro querente because it describes a legal argument presented by the plaintiff's lawyer that was deemed strong or persuasive by the court, thus benefiting the plaintiff's case.

• Example 2: A judge in an early American common law court, when issuing a procedural ruling, might have stated, "The motion to admit this evidence is granted pro querente," allowing a piece of evidence to be presented that directly supported the plaintiff's claims.

  Here, the phrase pro querente signifies that the judge's decision on the motion was made in favor of the plaintiff, giving them an advantage in presenting their case.

• Example 3: An ancient legal commentary discussing the interpretation of a statute might suggest that in cases of ambiguity, the law should be construed pro querente, meaning the interpretation that benefits the party bringing the claim should be preferred.

  This example demonstrates pro querente by advocating for a principle of legal interpretation that consistently leans towards supporting the plaintiff's position when the law's meaning is unclear.