Also known as:qualificate · qualifications · qualified · qualifies · qualifying · qualifiedly · qualify
Written by attorneys · grounded in primary & secondary sources — see below
A status or attribute that satisfies the legal criteria for eligibility, classification, or authority in a given context.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Building Used For Sleeping
Quillan Quick owns an apartment building where tenants sleep every night. Even though the tenants also run a small business from the units, the structure meets the criteria for a dwelling. A temporary vacation by the tenants leaves the classification unchanged.
No Religious Test For Office
Quade Quimby seeks appointment to a federal commission. The appointing authority cannot impose a religious test as a condition for the post. The constitutional command bars any such requirement for public trust positions.
Expert Witness Eligibility
Quentin Quinn offers testimony on engineering standards in a product liability suit. His advanced degree and years of field experience satisfy the knowledge requirement. The court therefore permits him to give opinion evidence on the technical issues.
Director Vote On Derivative Suit
Quinn Industries faces a shareholder derivative claim. A majority of the qualified directors present at the board meeting approve dismissal after a reasonable inquiry. Their vote satisfies the statutory threshold for the corporation's motion.
Political Contribution For Engagement
Quincy Quigley contributes to a judicial candidate's campaign. The contribution aims to secure appointment as counsel for a government agency. The rule prohibits the contribution when made for that purpose.
Senior Mortgagee Receiver Priority
Quantum Dynamics holds the senior mortgage on an office building. It requests appointment of a receiver after default. The senior position gives it priority over the junior mortgagee's competing request.
Common questions
Frequently Asked
6
What makes a structure qualify as a dwelling under common law burglary rules?+
A structure qualifies when someone uses it regularly for sleeping. Business use alongside sleeping does not remove the classification. Temporary absence by occupants also leaves the status intact.
Supporting sources
How does the Constitution address qualifications for federal office?+
The Constitution bars any religious test as a qualification for office or public trust. This prohibition applies directly to appointments and elected positions under federal authority.
What criteria allow a witness to qualify as an expert under the evidence rules?+
Knowledge, skill, experience, training, or education can qualify a witness. The proponent must show the specialized knowledge will assist the trier of fact and rests on sufficient facts or data.
Supporting sources
Who counts as a qualified director when a corporation seeks dismissal of a derivative suit?+
Qualified directors are those eligible to vote on the determination after a good-faith inquiry. A majority of such directors present at a meeting where they form a quorum can make the decision.
Supporting sources
When does a political contribution disqualify a lawyer from a government legal engagement?+
A contribution disqualifies the lawyer when made or solicited to obtain or be considered for the engagement. The rule protects the appearance of merit-based selection.
Supporting sources
How does qualification for receivership affect priority between mortgagees?+
A senior mortgagee that qualifies for a receiver takes priority over a junior mortgagee unless the senior mortgage lacks both a rents clause and receivership authorization. The junior mortgage must contain one of those protections to overcome the priority.
Supporting sources
or abridges [the right], the federal court must follow suit. Otherwise there is a different measure of the cause of action in one court than in the other, and the principle of Erie R. Co.…
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immunity. But the
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immunity recognized in Pierson and Scheuer is available only to officials performing discretionary functions. The federal agents here are not entitled to…
Criminal Law & ProcedureConstitutional protection of accused persons · Confessions and privilege against self-incriminationUBEFoundational