Glossary
of legal terms - Q
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qualified
domestic relations order (QDRO)
A
court order that satisfies the requirements
of federal law and allows support payments
to be made from an employee's retirement
plan to the spouse or child to whom support
is owed.
quash
A
judicial term used to set aside or conclude
an otherwise lawful motion or subpoena thereby
eliminating its legal effect and force.
quasi-community
property
Property
acquired in a non-community property state
that would have been community property
if acquired in a community property state.
If the spouses move to a community property
state, that state may for some purposes
treat such property as if it were true community
property.
quasi-criminal
The
judicial discretion to punish an otherwise
civil wrong under the criminal laws and
jurisdiction. A common example is the parent
who fails to comply with child support payments.
The failure is considered to be a form of
contempt which can carry criminal penalties.
question
of fact
The
trier of fact determines the truth and weight
of all evidence submitted in a criminal
trial. In a trial by jury the trier of fact
is the jury. In a non-jury trial it is the
judge. Questions of fact are all factual
issues that must be determined in order
to prove the defendant guilty beyond a reasonable
doubt. Questions of fact should be distinguished
from questions of law which rest in the
sole domain of the judge.
question
of law
Questions
of law are determined only by the judge.
They are distinguished from questions of
fact which are usually, but not always,
determined by the jury as fact finders.
Questions of law are legal issues that must
be determined in order to proceed with the
prosecution of the defendant. Questions
of law include interpretation of statutes
and case law as well as legal rulings on
issues of evidence.
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