QUOAD HOC

5 definitions found across Law Mind sources

QUOAD HOCAuthored
The Law Mind • 790 words
Definition
A Latin maxim meaning "as to this" or "with respect to this particular matter." Used to limit or qualify the scope of a legal statement, right, obligation, prohibition, or proceeding to a specific subject or issue, without affecting the remainder. When a legal instrument, order, or argument operates quoad hoc, it applies only to the designated matter and carries no implication beyond it. The term appears most frequently in two contexts: 1. Partial prohibitions: A writ of prohibition issued quoad hoc restrained a party from pursuing only specified matters in a particular court, leaving unaffected any claims or proceedings not covered by the restriction. 2. Qualified admissions or stipulations: A party may concede something quoad hoc — acknowledging a fact or legal consequence for a limited purpose only, without general admission.
Common Language
Modern common usage (Wiktionary): "as far as this" Historical common usage: Not recorded in Webster's 1913 as an English entry; the phrase remained within Latin usage throughout the relevant period. The everyday approximation "as far as this" captures the directional sense but misses the technical legal function. In legal usage, quoad hoc is not merely a spatial or logical qualifier — it is a term of art that surgically limits the reach of a legal act, order, or statement to a precise subject matter, foreclosing any inference that the act extends further.
Common Confusion
Quoad hoc is occasionally confused with quoad omnia ("as to all things"), its logical opposite. A prohibition or concession quoad hoc is expressly partial; one quoad omnia is total. Researchers encountering either phrase in historical pleadings or ecclesiastical court records should confirm which formulation was used before drawing conclusions about the scope of the underlying legal act.
Why It Matters in Research
Quoad hoc is primarily a historical research term. It appears frequently in English ecclesiastical court records, common law pleadings, and early equity practice — especially in materials concerning writs of prohibition issued by the temporal courts against proceedings in the ecclesiastical courts. Researchers working with pre-nineteenth-century English legal materials, colonial American court records, or canon law sources will encounter it regularly. The key research trap is scope. When a historical document records a prohibition or order using quoad hoc, the limitation is substantive, not stylistic. A prohibition quoad hoc blocked only the specific matters identified; other matters before the same court were unaffected. Failing to recognize the partial nature of such an order will produce a misreading of the procedural history. In American sources, the term appears in treatises and early reported cases but largely drops from active use by the late nineteenth century. Its presence in a mid-nineteenth-century case is often a marker of English common law heritage or ecclesiastical jurisdiction questions carried over from colonial practice (notably in probate, marriage, and tithe-related disputes). Corpus researchers should note that quoad hoc may appear in abbreviated or corrupted form in older print transcriptions (e.g., "q. h." or typesetting errors in the second edition of Black's, where "i. e." appears garbled). Collation across multiple editions is advisable when the phrase appears in a critical passage.
Historical Dictionary Support
All four source dictionaries agree on the core translation — "as to this" or "with respect to this" — and on the central illustration involving ecclesiastical court prohibitions. Black's (both editions) and Rapalje & Lawrence substantially reproduce the same explanatory text, suggesting a common ancestor source (likely English practice manuals). Burrill's is the most economical, providing only the Latin gloss and a Bracton citation, which confirms the phrase's deep common law lineage. None of the historical dictionaries addresses the use of quoad hoc in the context of qualified admissions or stipulations, which is a distinct application that developed through pleading practice and appears in treatise literature outside these dictionary entries. Researchers should not treat the ecclesiastical court illustration as exhaustive. The Rapalje & Lawrence entry contains a typographical interruption mid-sentence, likely a scanning artifact, with unrelated maxims interspersed. The Black's 2nd edition similarly contains a typesetting error ("i. e., a3 to" for "i.e., as to"). Neither corrupts the substantive meaning, but both confirm the need for source verification in digitized historical legal texts.
Jurisdictional Note
Quoad hoc is not a term of active statutory or regulatory use in any U.S. jurisdiction today. Its significance is historical and doctrinal, concentrated in English common law, ecclesiastical jurisdiction disputes, and early American courts that inherited English pleading forms. Scottish and canon law sources use the phrase with the same meaning.
Related Terms
Quoad omnia — Pro tanto — Quatenus — Writ of prohibition — Partial prohibition — Ecclesiastical courts — Qualified admission — In hac parte — Seriatim — Arguendo
QUOAD HOCmain
Black's Law Dictionary • 1891
Lat. As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad these matters issued, i. e., as to such matters the party was prohibited from prosecuting his suit in the ecclesiastical court. Brown.
QUOAD HOCmain
Black's Law Dictionary (2nd Ed.) • 1910
Lat. As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad these matters issued, 4. 6., a3 to such matters the party was prohibited from prosecuting his suit in the ecclesiastical court. Brown.
QUOAD HOCmain
Rapalje & Lawrence • 1883
- As to this. A prohibition quoad hoc is a prohibition as to certain things to the court needs not the help of witnesses. among others. Thus, where a party was complained against in the Ecclesiastical Court for Quod contra legem fit, pro infecto to law is considered as not done. matters cognizable in the temporal courts, a prohabetur (4 Co. 31): What is done contrary hibition quoad these matters issued, i. e. as to such matters the party was prohibited prosecuting nis suit in the Ecclesiastical Court. The word is also frequently applied to other matters than to prohibitions. 2 Rol. Abr. 315, b. 10; Vin. Abr. tit. "Prohib." E. a. 7. Quod a quoque pœnæ nomine exactum est id eidem restituere nemo cogitur (D. 50, 17, 46): No one is obliged to pay back what any one has been made to pay by way of penalty. Quod ab initio non valet, in tractu temporis non convalescet (4 Co. 2): That which is bad in its commencement, improves not by lapse of time. Quod ædificatur in area legata cedit legato (Amos & F. Fixt. (2 edit.) 246): That which is built on the ground devised passes to the devisee. Quod alias bonum et justum est, si per vim, vel fraudem petatur, malum et injustum efficitur (3 Co. 78): What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust. Quod alias non fuit licitum, necessitas licitum facit: What otherwise was not lawful, necessity makes lawful. Quod approbo non reprobo (Broom Max. (5 edit.) 712): That which I approve I do not reject. In other words, if one take a benefit under a deed or will, he must perform any condition attached to it. QUOD BILLA CASSETUR.-That the bill be quashed. The common law form of VOL. II. Quod contra rationem juris recерtum est, non est producendum ad consequentias (D. 1, 3, 14): That which has been received against the reason of the law is not to be drawn into a precedent. QUOD CUM.-That whereas. Emphatic words used in old Latin declarations, where the charge was made by way of recital, and literally translated in the modern forms, "that whereas." Quod datum est ecclesiæ, datum est Deo (2 Inst. 2): What is given to the church is given to God. Quod demonstrandi causa additur rei satis demonstratæ, frustra fit (10 Co. 113): What is added to a thing sufficiently palpable, for the purpose of demonstration, is vain. Quod dubitas ne feceris (Hale P. С. 300): Refrain from doing that about which you are in doubt.
quoad hocadv
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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as far as this

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