Legal Definitions - Q.S.

Qua

Qua is a Latin term meaning "in the capacity of" or "as." It is used to specify the particular role, function, or attribute under which a person or entity is acting or being considered.

• Example 1: Corporate Responsibility

  A company's Chief Financial Officer (CFO) signs a financial report submitted to regulators. When signing this document, the CFO acts qua CFO, meaning they are performing an official duty in their professional capacity, and their signature carries the legal weight and implications for the corporation. If the same individual were to sign a personal loan application, they would be acting as a private citizen, not in their corporate role.

  This illustrates that the act of signing the financial report is tied directly to the specific responsibilities and authority of their position as CFO, distinguishing it from any personal actions.

• Example 2: Estate Administration

  An individual appointed as the administrator of an estate is responsible for managing the deceased person's assets and debts. If this administrator sells a piece of real estate belonging to the estate to pay off creditors, they are doing so qua administrator, fulfilling their legal obligations to the estate and its beneficiaries. Their actions are governed by probate law and the terms of the will (if any).

  Here, "qua administrator" clarifies that the sale is an official act performed under the legal authority granted by the court, not a personal transaction by the individual.

• Example 3: Public Office

  A judge issues a ruling in a courtroom. When delivering this judgment, the judge acts qua judge, exercising the powers and duties of their judicial office. Their decision is an official act of the court and carries legal authority. If the same person later expresses a personal opinion about a legal case in a private conversation, they are not speaking qua judge, but as an individual.

  This example highlights how the term distinguishes between actions taken in an official public role, which have legal force, and personal opinions or actions that do not.