Legal Definitions - sed quaere

Sed quaere is a Latin phrase that translates to "but inquire" or "examine this further." In legal writing and discourse, it is used to signal doubt or to challenge the correctness, applicability, or soundness of a preceding statement, argument, or legal principle. It prompts the reader or listener to critically evaluate the assertion and consider alternative perspectives or potential limitations.

Here are a few examples illustrating its use:

• Example 1: Challenging a Legal Precedent

  Imagine a legal scholar writing an article about a long-standing court decision that established a particular rule for property disputes. After explaining the traditional application of this rule, the scholar might write: "While Johnson v. Miller has been the prevailing authority for decades, sed quaere whether its reasoning adequately addresses the complexities introduced by modern digital property and shared online assets."

  This example demonstrates "sed quaere" by questioning whether an established legal statement (the rule from Johnson v. Miller) remains entirely correct or sufficient in light of new circumstances (digital property). It invites further examination of the precedent's contemporary relevance.

• Example 2: Doubting an Opposing Argument

  During a legal debate or in a written brief, one attorney might present an argument based on a specific interpretation of a statute. An opposing attorney, while acknowledging the interpretation, might respond: "Counsel's reading of Section 301 is compelling, but sed quaere if that interpretation aligns with the legislative intent as evidenced by the committee reports."

  Here, "sed quaere" is used to express doubt about the correctness of the opposing counsel's statement (their interpretation of the statute). It suggests that while the argument appears plausible, it warrants deeper inquiry into its foundational support (legislative intent).

• Example 3: Prompting Further Research in a Textbook

  A law textbook might state a general rule, such as: "A contract for the sale of land must always be in writing to be enforceable." However, a footnote or a marginal note might add: "Sed quaere in jurisdictions recognizing part performance as an exception to the Statute of Frauds."

  In this context, "sed quaere" serves as a prompt for the student or reader to inquire further. It challenges the absolute nature of the preceding statement by suggesting there might be exceptions or nuances that require additional investigation, thereby encouraging a deeper understanding of the legal principle.