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Simple English definitions for legal terms

quominus

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A quick definition of quominus:

Term: QUOMINUS

Definition: Quominus is a legal term from Latin that was used in a 14th-century Exchequer writ. This writ was used when a plaintiff had lent money to a defendant and was unable to repay a debt to the Crown because of the debt owed by the defendant. The plaintiff pretended to be a debtor of the king who could not repay the debt because of the defendant's failure to repay him. This fiction was known as the "quo minus" fiction. It allowed citizens to sue in the court of the king to collect a private debt, pretending that the matter concerned the royal revenue. However, everyone recognized this as a mere fiction, and the court did not allow the defendant to bring in other matters, such as a defense on the ground that the plaintiff did not actually owe any taxes to the crown.

A more thorough explanation:

Definition: Quominus (kwoh-muh-nuhs or kwoh-mI-nuhs) is a Latin term used in a 14th-century Exchequer writ. It alleges that the plaintiff had lent the defendant a sum of money and that the plaintiff was unable to repay a debt of similar amount to the Crown because of the debt to the defendant. In other words, the plaintiff pleaded the fiction that he was a debtor of the king who could not repay that debt because of the defendant's failure to repay him.

Example: Let's say that John borrowed $100 from Mary and promised to pay her back in a month. However, John also owed $100 to the government as taxes. When the time came to pay Mary back, John didn't have the money because he had to pay his taxes. So, Mary sued John using the writ of quominus, claiming that she was unable to repay her own debt to the government because of John's debt to her.

Explanation: The example illustrates how the writ of quominus was used as a means of collecting the royal revenue. It allowed citizens to sue in the court of the king in order to collect a private debt. The plaintiff had to allege that he was 'less able' to pay the king when his debtors would not pay him. This fiction was used to keep up the pretense that the matter concerned the royal revenue. However, everyone, even the court itself, recognized this as a mere fiction, and that since the suit was in fact between the plaintiff and the defendant, the defendant was not permitted to bring in other matters, such as a defense on the ground that the plaintiff did not actually owe any taxes to the crown.

quo jure | quomodo constat

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madollyy
20:44
Fingers crossed! I mean I'd be so so glad to go to law school period, but I am a bit of an overachiever. Dream is Berkeley rn, but I'm of course happy to go anywhere that lines up with my plans. And is kind enough with scholarships lol
madollyy
20:44
I'll have to see if my parents are willing to support that. I'm living on my own but ik if it'd help me they'd be willing to help
JumpySubsequentDolphin
20:47
who knows, you might not even need a tutor! Take a diagnostic and see where you stand :)
Dkk
21:03
@madollyy: yeah that happend to me too with my community college transcript. You can try calling to see if they can alter your transcript but like mine would not do it.
Dkk
21:04
Ask @babycat to tutor you @madollyy
cat food is expensive tho
21:09
I HOPW THAT ISNT REAL
@JumpySubsequentDolphin: I would push back on this. I think for the vast majority of people LSAT tutoring is unnecessary.
21:09
oh its from nov 12 phew
21:09
i was about to have a heart attack
21:09
at the berk decision lmao
@madollyy: I focus on bringing your GPA up as much as possible in the last semester because once you graduate you cannot change that. So don't study for the LSAT next semester if you think that would impair your ability to get straight A's. As for LSAT studying, I would recommend LSAT Demon (ik controversial), the Loophole, and Reading Comp Hero.
*I would focus
JumpySubsequentDolphin
21:11
@texaslawhopefully: oh I’m not sure hahaha im just basing off of my friend who got a tutor bc she was rly struggling and it seemed like it helped her!
Yeah, that's fair! For some people it can help a lot. I'm just saying in general I don't think it is necessary unless you are trying to finetune a very specific area (or get to the high 170s because that is another thing in and of itself) OR are just terrible at the test. I tutor the test and I find that most people can improve just as much through self-study.
JumpySubsequentDolphin
21:13
that makes sense for sure
JumpySubsequentDolphin
21:13
i think for her it was a lack of discipline more than anything else tbh. she could not get herself to meaningfully study on her own
madollyy
22:05
I've finished all my major requirements, so I'm taking pretty much all electives next semester. Keeping one major specific class bc I'm majoring in it for a reason haha. But I'll be pretty free to study and try and improve my GPA. I will try self study first, see where that gets me. If that doesn't work I'll look into tutoring!
the way there probs won't be another wave until after thanksgiving LMFAO
i hate this
JumpySubsequentDolphin
22:07
omg i just got a Snapchat memory of my friend losing her mind bc she thought Eminem was black
JumpySubsequentDolphin
22:07
SHES FROM MICHIGAN
JumpySubsequentDolphin
22:07
THIRTY MINS AWAY FROM DETROIT
babycat
22:10
most of the stuff a tutor will teach you is stuff you can figure out yourself if you’re sufficiently motivated. if you would benefit from some support and structure tutoring can be helpful
babycat
22:13
thanks for the plug dk you’re a sweetie
^^one hundred percent agree
babycat
22:16
texas what made you decide you wanted to go to law school so young? just opportunity cost or something else?
GodsPlanUltimately
22:45
I ust submitted my application on LSAC but why does it say transmitted (still in the active application) and is not in the complete application file?
GodsPlanUltimately
22:45
Freaking out here
babycat
22:46
because you just submitted it. give it like an hour and it’ll go into the complete file
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