Also known as: quaerens · quaeritur · quaesita · quaesta · quaerere · query · inquire
Written by attorneys · grounded in primary & secondary sources — see below
A note or query used in legal writing to flag a point as doubtful or open to further examination.
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Quentin Quinn, a solo practitioner, receives a new client matter involving potential conflicts with prior representations. After reviewing the facts, Quentin notes quaere whether the representation would violate the duty to inquire into and assess circumstances before accepting the client under the applicable professional conduct rules.
Quartz Energy sells equipment to an estate and receives payment from the personal representative. The bank officer handling the transaction notes quaere whether the company remains protected if it later learns of an undisclosed restriction on the representative's authority.
After arresting Quintessa Quinn, officers begin questioning without first advising her of rights. Defense counsel later notes quaere whether the statements obtained would be admissible given the absence of required warnings during custodial interrogation.
Quillan Quick, injured on a vessel, sues in state court. The defendant moves to dismiss on forum non conveniens grounds. The court notes quaere whether federal maritime law preempts the state procedural rule allowing dismissal.
Quentin Quinn promises his nephew a sum if the nephew refrains from drinking and smoking until age twenty-one. After the nephew complies, the uncle refuses payment. Counsel notes quaere whether the nephew's forbearance constitutes valid consideration for the promise.
Quinta Qualls is fired after reporting suspected illegal activity at work. She sues for breach of implied contract. The employer notes quaere whether the at-will doctrine bars the claim when the employee relies on an internal policy manual.
Quaere flags a legal point as doubtful or requiring further inquiry, often appearing in case syllabi or hornbook discussions to highlight unresolved issues.
Supporting sources
No. Quaere merely signals that a point merits examination. It does not impose duties or resolve the underlying issue.
Supporting sources
Examinees may see quaere in hornbook hypotheticals questioning whether a rule applies to particular facts, such as good-faith dealings with fiduciaries or professional conduct inquiries.
Supporting sources
…rule and the expedient of giving an adequate warning as to the availability of the privilege so simple, we will not pause to inquire in individual cases whether the defendant was aware of his rights without a warning being given. Assessments of the knowledge the defendant possessed, based on information as to his age,…