Written by attorneys · grounded in primary & secondary sources — see below
A Latin term used to specify that an individual or entity is regarded in a designated capacity or role.
Sources & Authorities
How it applies
Common Examples
6
Buyer Bears Risk After Contract
Queenie Quick signs a binding contract to purchase land from Quinton Quinones. Before closing the house burns down. Queenie, qua equitable owner under the doctrine of equitable conversion, must still pay the full purchase price.
Congressional Tax Authority
Quinlan Quick challenges a federal tax on imported goods. Congress, qua holder of the enumerated powers listed in Article I, possesses authority to lay and collect the tax uniformly across the states.
Jury Instruction on Noticed Fact
Quintina Qualls offers a certified public record in a civil trial. The court, qua authority on judicial notice, must instruct the jury to accept the noticed fact as conclusive.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Judge's Economic Interest
Quest Quail moves to disqualify the presiding judge. The judge, qua fiduciary with an economic interest in a party, must recuse from the proceeding.
Tenancy at Will Termination
Quiana Quach leases property from Quincy Bank under an agreement terminable at either party's will. Quincy Bank, qua landlord, must give the required statutory notice to end the tenancy.
Transferred Intent in Battery
Quinn Industries employee throws an object intending to strike a third person but hits Quintessential Goods customer instead. The employee is liable to the customer, qua intended victim of the harmful contact.
Common questions
Frequently Asked
3
When should a writer use the term qua in legal documents?+
Writers use qua to indicate that a person or entity is acting or being considered in a specific capacity rather than in another role. The term clarifies distinctions such as fiduciary versus individual liability. It appears in case opinions and hornbooks to isolate the precise legal character of the actor.
Supporting sources
Is qua italicized in legal writing?+
Qua is italicized when used as a foreign Latin term in legal writing. Style guides list it among Latin phrases that retain italics unless fully anglicized. The term appears in italics in legal research and writing manuals.
Supporting sources
How does qua function in case analysis?+
Qua isolates the precise capacity in which a party acts or is viewed for purposes of applying a legal rule. Courts and commentators employ it to separate roles such as passenger qua passenger or fiduciary qua fiduciary. This precision prevents conflation of distinct legal positions.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as justices of the peace in the District of Columbia. This motion was supported by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the…