Legal Definitions - quaere

Quaere is a Latin term used in legal contexts to indicate that a point, question, or legal issue is uncertain, doubtful, or open for further consideration and debate. It signals that a particular legal matter has not been definitively settled by previous rulings, or that its application in a specific situation is questionable and requires more examination.

Here are some examples illustrating the use of quaere:

• Imagine a judge writing an opinion on a case involving a brand-new form of digital currency. While the judge rules on the immediate dispute, they might include a statement like, "Quaere whether existing securities regulations, designed for traditional financial instruments, can fully encompass the unique characteristics and risks of this emerging asset class."

  This example demonstrates quaere being used by a court to acknowledge a significant legal question that is beyond the scope of the current case but remains unsettled and warrants future legislative or judicial attention.

• Consider a legal scholar publishing an article analyzing a recent appellate court decision. In their commentary, they might write, "The court's reasoning on the scope of 'fair use' in copyright law is compelling for the facts presented, but quaere whether this interpretation will hold true for transformative works created by artificial intelligence, where the concept of authorship is fundamentally different."

  Here, quaere highlights a point of uncertainty or potential inconsistency in legal interpretation, suggesting that the application of the ruling to a novel technological context is an open question that requires further academic and judicial scrutiny.

• A corporate lawyer is advising a startup on the legality of a new subscription service that automatically renews unless explicitly canceled. Given evolving consumer protection laws, the lawyer might tell the client, "While our current terms of service appear compliant, there is a quaere regarding how a future regulatory body might interpret the clarity of the cancellation process, especially with new guidelines emphasizing 'dark patterns' in user interfaces."

  In this scenario, quaere is used to flag a significant legal unknown or potential risk due to the dynamic nature of regulations, advising caution about an area of law that is not yet fully settled or consistently applied.