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英文法律词典 Q-18

分类: 法律英语 

QUOT, Scotch law. The twentieth part of the movables, computed without computation of debts, was so called.

2. Formerly the bishop was entitled, in all confirmations, to the quot of the testament. Ersk. Prin. B. 3, t. 9, n. 11.

QUOTA. That part which each one is to bear of some expense; as, his quota of this debt; that is, his proportion of such debt.

QUOTATION, practice. The allegation of some authority or case, or passage of some law, in support of a position which it is desired to establish.

2. Quotations when properly made, assist the reader, but when misplaced, they are inconvenient. As to the manner of quoting or citing authorities, see Abbreviations; Citations.

QUOTATION, rights. The transcript of a part of a book or writing from a book or paper into another.

2. If the quotation is fair, aud not so extensive as to extract the whole value or the most valuable part of an author, it will not be a violation of the copyright. It is mostly difficult to define what is a fair quotation. When the quotation is unfair, an injunction will lie to restrain the publication. See 17 Ves. 424; 1 Bell's Com. 121, 5th ed.

3. "That part of a work of one author found in another," observed Lord Ellenborough, "is not of itself piracy, or sufficient to support an action; a man may adopt part of the work of another; he may so make use ofanother's labors for the promotion of science, and the benefit of the public." 5 Esp. N. P. C. 170; 1 Campb. 94. See Curt. on Copyr. 242; 3 Myl. & Cr. 737, 738; 17 Ves. 422; 1 Campb. 94; 2 Story, R. 100; 2 Beav. 6, 7; Abridgment; Copyright.

QUOUSQUE. A Latin adverb, which signifies how long, how far, until.

2. In old conveyances it is used as a word of limitation. 10 Co. 41.

3. In practice it is the name of an execution which is to have force until the defendant shall do a certain thing. Of this kind is the capias ad satisfaciendum, by virtue of which the body of the defendant is taken into execution, and he is imprisoned until be shall satisfy the execution. 3 Bouv. Inst. n. 3371.

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