Also known as:quaestionarius · quaestiones · inquiry · quaestiones perpetuae
Written by attorneys · grounded in primary & secondary sources — see below
A formal inquiry or investigation into facts, allegations, or legal issues conducted by a court, commission, or party in a proceeding.
Sources & Authorities
How it applies
Common Examples
6
Cross-Examination of Reputation Witness
Quentin Quach is on trial for assault. The defense calls a witness to testify that Quentin has a peaceful reputation. On cross-examination the prosecutor seeks to ask the witness about a prior bar fight involving Quentin. The court permits the limited inquiry into that specific instance because it is relevant to the character trait at issue.
Stay of Derivative Proceeding
Quartz Energy shareholders file a derivative suit alleging that directors wasted corporate assets. After receiving the demand the board forms a committee and begins an internal inquiry into the claims. The court grants the corporation's motion to stay the proceeding for ninety days while the committee completes its review.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Republication After Investigation
Queen Quintero publishes a defamatory statement about Quest Quail. Quest conducts an honest investigation to determine the source and meaning of the statement. When Queen later republishes the statement, Quest's prior investigation does not provide Queen a defense to the new defamation claim.
Chain of Title Inquiry Notice
Quillan Quick purchases Blackacre from a seller whose deed traces back through a recorded chain. An easement benefiting a neighboring parcel appears only in a deed from the common grantor to a stranger outside Quillan's chain. The easement is outside the chain of title and does not charge Quillan with inquiry notice.
Protective Order Limiting Discovery
In a contract dispute Qubit Systems moves for a protective order after the opposing party serves broad requests for customer data. The court grants the motion and forbids inquiry into matters beyond the specific performance issues raised in the pleadings, thereby narrowing the scope of discovery.
Scope of Cross-Examination
Quinn Quezada testifies on direct examination about the terms of a disputed contract. On cross-examination opposing counsel attempts to question Quinn about an unrelated prior business deal. The court sustains an objection because the inquiry exceeds the subject matter of the direct examination and does not affect credibility.
Common questions
Frequently Asked
6
What does quaestio mean in the context of evidence rules?+
It refers to a formal inquiry into a witness's character or specific instances of conduct during cross-examination when character evidence is admissible.
How does a corporation's inquiry affect a derivative suit?+
When the corporation begins an inquiry into the allegations the court may stay the derivative proceeding for a reasonable period to allow the inquiry to conclude.
Does a defamed person's own investigation provide a defense to republication?+
No. An honest inquiry by the person defamed to learn the source or meaning of a defamatory statement does not defend the original publisher against a republication claim.
When is a purchaser charged with inquiry notice under recording acts?+
A purchaser receives inquiry notice only of instruments appearing in the chain of title through which the purchaser claims. Documents recorded outside that chain do not provide constructive notice.
What may a court do when discovery requests are overly broad?+
The court may issue a protective order that forbids inquiry into certain matters or limits the scope of disclosure and discovery to designated subjects.
What limits apply to the scope of cross-examination?+
Cross-examination should stay within the subject matter of the direct examination and matters affecting the witness's credibility unless the court permits inquiry into additional matters as if on direct examination.
5 U.S. (1 Cranch) 137 (1803)Property
…directed and the applicant must be without any other specific legal remedy. The high station of the head of a department makes inquiry delicate but the court's province is solely to decide the rights of individuals, not to inquire into executive discretion. If the matter pertains to a paper upon record or to copies to…