qualifield domestic relations order (QDRO)

A court order that satisfies the requirements of federal law and allows support payments to be made from an employee's retirement plan to the spouse or child to whom support is owed.

quash

A judicial term used to set aside or conclude an otherwise lawful motion or subpeona thereby eliminating its legal effect and force.

quasi-community property

Property acquired in a non-community property state that would have been community property if acquired in a community property state. If the spouses move to a community property state, that state may for some purposes treat such property as if it were true community property.

quasi-criminal

The judicial discretion to punish an otherwise civil wrong under the criminal laws and jurisdiction. A common example is the parent who fails to comply with child support payments. The failure is considered to be a form of contempt which can carry criminal penelties.

question of fact

The trier of fact determines the truth and weight of all evidence submitted in a criminal trial. In a trial by jury the trier of fact is the jury. In a non-jury trial it is the judge. Questions of fact are all factual issues that must be determined in order to prove the defendant guilty beyond a reasonable doubt. Questions of fact should be distinguished from questions of law which rest in the sole domain of the judge.

question of law

Questions of law are determined only by the judge. They are distinguished from questions of fact which are usually, but not always, determined by the jury as fact finders. Questions of law are legal issues that must be determined in order to proceed with the prosecution of the defendant. Questions of law include interpretation of statutes and case law as well as legal rulings on issues of evidence.