Receivership: A court order whereby all the property subject to dispute in a legal action is placed under the dominion and control of an independent person known as a “receiver.”... Reco
Trang 1Reasonable person: A phrase frequently used inTORTandCRIMINAL LAWto denote a hypothetical
person in society who exercises average care, skill, and judgment in conduct and who serves as
a comparative standard for determining liability
Reasonable time: In the absence of an express or fixed time established by the parties to an
agreement or contract (especially one that falls under the purview of theUNIFORM COMMERCIAL
CODE [UCC]), any time which is not manifestly unreasonable under the circumstances For
example, if a contract does not fix a specific time for performance, the law will infer (and
impose) a reasonable time for such performance This is defined as that amount of time which
is fairly necessary, conveniently, to do what the contract requires to be done, as soon as
circumstances permit The term“reasonable time” has other (related) applications: UCC 2-206
(2) requires that acceptance of an offer be made within a “reasonable time” if no time is
specified
The reasonableness or unreasonableness of time used or taken by a party may be the subject
of JUDICIAL REVIEW in light of the nature, purpose, and circumstances of each case In
considering whether there has been unreasonable delay in performance, a court may also
consider other factors such as prior dealings between the parties, business routine or custom
within the trade, and whether there were any objective manifestations of expectation expressed
between the parties
Reasonable woman: A standard used by fact finders in sexual harassment litigation to determine
whether sexual harassment has occurred
Rebate: Discount; diminution of interest on capital lent in consideration of prompt repayment
thereof; reduction of a charge that is not credited in advance but is returned subsequent to
payment in full
Rebus sic stantibus: [Latin, At this point of affairs; in these circumstances.] A tacit condition
attached to all treaties to the effect that they will no longer be binding as soon as the state of
facts and conditions upon which they were based changes to a substantial degree
Rebut: To defeat, dispute, or remove the effect of the other side’s facts or arguments in a
particular case or controversy
Rebuttable presumption: A conclusion as to the existence or nonexistence of a fact that a judge
or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit
but that can be contradicted by evidence to the contrary
Rebutter: In COMMON-LAW PLEADING, the response made by a defendant to a plaintiff’s
surrejoinder, which rebuts earlier denials made by the defendant
Recall: The right or procedure by which a public official may be removed from a position by a
vote of the people prior to the end of the term of office
Recaption: Regaining possession of; taking back
Receipt: Acknowledgment in writing that something of value, or cash, has been placed into an
individual’s possession; written confirmation of payment rendered Receipt of goods refers to
the act of taking physical possession of them
Receiver: An archaic term used in common law and civil law countries to designate an individual
who holds and conceals stolen goods for thieves Currently, an independent individual
appointed by a court to handle money or property during a lawsuit
Receivership: A court order whereby all the property subject to dispute in a legal action is placed
under the dominion and control of an independent person known as a “receiver.”
Trang 2Receiving stolen property: The offense of acquiring goods with the knowledge that they have been stolen, extorted, embezzled, or unlawfully taken in any manner
Recess: In the practice of courts, a brief interval during which all business is suspended without
an adjournment
Recidivism: The behavior of a repeat or habitual criminal A measurement of the rate at which offenders commit other crimes, either by arrest or conviction baselines, after being released from incarceration
Reciprocal: Bilateral; two-sided; mutual; interchanged
Recital: A formal statement appearing in a legal document such as a deed that is preliminary in nature and provides an explanation of the reasons for the transaction
Recklessness: A state of mind characterized by rashness, heedlessness of danger, or wanton conduct The state of mind accompanying an act that either pays no regard to its probable or possible injurious consequences, or which, though foreseeing such consequences, irresponsibly persists in spite of such knowledge It arises in matters of criminal as well as civil (i.e., tort) law, and the standards vary from state to state
Recognition: The confirmation orACKNOWLEDGMENTof the existence of an act performed, of an event that transpired, or of a person who is authorized by another to act in a particular manner
Recognizance: A recorded obligation, entered into before a tribunal, in which an individual pledges to perform a specific act or to subscribe to a certain course of conduct
Reconciliation: The restoration of peaceful or amicable relations between two individuals who were previously in conflict with one another
Reconveyance: The transfer of real property that takes place when a mortgage is fully paid off and the land is returned to the owner free from the former debt
Recording of land titles: A process by which proof of ownership of real property is filed in the appropriate county office or court to allow purchasers, creditors, and other interested parties
to determine the status of the property interests therein
Records: Written accounts of acts, transactions, or instruments that are drawn up pursuant to legal authority by an appropriate officer and appointed to be retained as memorials or permanent evidence of matters to which they are related
Recoupment: To recover a loss by a subsequent gain In pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant Keeping back of something that
is due, because there is an equitable reason to withhold it A right of the defendant to have a deduction from the amount of the plaintiff’s damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract Recourse: The right of an individual who is holding a COMMERCIAL PAPER, such as a check or promissory note, to receive payment on it from anyone who has signed it if the individual who originally made it is unable, or refuses, to tender payment
Recovered memory: The remembrance of traumatic childhood events, usually involving sexual abuse, many years after the events occurred
Trang 3Recovery: The acquisition of something of value through the judgment of a court, as the result of
a lawsuit initiated for that purpose
Recrimination: A charge made by an individual who is being accused of some act against the
accuser
Recuse: To disqualify or remove oneself as a judge over a particular proceeding because of one’s
conflict of interest Recusal, or the judge’s act of disqualifying himself or herself from presiding
over a proceeding, is based on theMAXIMthat judges are charged with a duty of impartiality in
administering justice
Redemption: The release of an estate in real property from a mortgage
Redlining: A discriminatory practice whereby lending institutions refuse to make mortgage
loans, regardless of an applicant’s credit history, on properties in particular areas in which
conditions are allegedly deteriorating
Redress: Compensation for injuries sustained; recovery or restitution for harm or injury;
damages or equitable relief Access to the courts to gain REPARATIONfor a wrong
Reductio ad absurdum: [Latin, Reduction to absurdity.] In logic, a method employed to disprove
an argument by demonstrating that, by accepting the argument’s premise, one is led to absurd
and untenable propositions and consequences, perhaps by showing an inherent contradiction
in the argument as formulated A reductio ad absurdum can serve as a useful example for the
discrediting of a law that seems vague or overbroad, in order to show that it would bring
ridiculous, unintended consequences if followed to the letter
Referee: A judicial officer who presides over civil hearings but usually does not have the authority
or power to render judgment
Reference: The process by which a tribunal sends a civil action, or a particular issue in the action,
to an individual who has been appointed by the tribunal to hear and decide upon it, or to
obtain evidence, and make a report to the court
Referendum: Referendum is the right reserved to the people to approve or reject an act of the
legislature or the right of the people to approve or reject legislation that has been referred to
them by the legislature
Reformation: A remedy utilized by the courts to correct a written instrument so that it conforms
to the original intent of the parties to such an instrument
Reformatories: State institutions for the confinement of juvenile delinquents
Refreshing memory: The process of aiding a witness’s recollection of certain details during a trial
by allowing him or her to consult documents, memoranda, or books in order to better
remember once-familiar transactions or events about which he or she is testifying, in case he or
she is not otherwise readily able to do so The item used for such aiding is typically marked as
an exhibit Once memory has thus been refreshed, examination continues
Refugees: Individuals who leave their native country for social, political, or religious reasons, or
who are forced to leave as a result of any type of disaster, including war, political upheaval, and
famine
Refunding: Reimbursing funds in restitution or repayment The process of refinancing or
borrowing money, ordinarily through the sale of bonds, to pay off an existing debt with the
proceeds derived therefrom
Trang 4Register: To record, or enter precisely in a designated place, certain information in the public records as is mandated by statute A book of public records
Register of deeds: The designation, in certain jurisdictions, of the public officers who record documents that establish ownership of property, mortgages, and other instruments that relate
to real property in official record books provided and maintained for such purpose Registrar: The public official charged with the duty of making and maintaining public records Registration: Enrollment; the process of recording entries in an official book
Registration of land titles: A system by which ownership of real property is established through the issuance of an official certificate indicating the name of the individual in whom such ownership is vested
Regressive tax: A tax with a rate that decreases as the taxpayer’s income increases
Regular: Customary; usual; with no unexpected or unusual variations; in conformity with ordinary practice
Regulation: A regulation is a rule or order having the force of law, usually prescribed by an administrative agency, relating to the actions of those under the agency’s control
Rehabilitation: The restoration of former rights, authority, or abilities
Reinstate: To restore to a condition that has terminated or been lost; to reestablish
Reinsurance: The contract made between an insurance company and a third party to protect the insurance company from losses The contract provides for the third party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract
Rejoinder: The answer made by a defendant in the second stage ofCOMMON-LAW PLEADINGthat rebuts or denies the assertions made in the plaintiff’s replication
Relation: Kin; relative The connection of two individuals, or their situation with respect to each other, who are associated, either by law, agreement, or kinship in a social status or union for purposes of domestic life, such as parent and child or husband and wife
Relator: The individual in whose name a legal action is brought by a state; the individual who relates the facts on which an action is based
Release: A contractual agreement by which one individual assents to relinquish a claim or right under the law to another individual against whom such claim or right is enforceable Release time program: A release time program is the name for the arrangement by which local public school boards permit students to be dismissed from classes prior to the completion of the regular school day for purposes of religious instruction
Relevancy: The tendency of a fact offered as evidence in a lawsuit to prove or disprove the truth
of a point in issue
Relief: Financial assistance provided to the indigent by the government The redress, or benefit, given by a court to an individual who brings a legal action
Trang 5Remainder: A future interest held by one person in the real property of another that will take effect
upon the expiration of the other property interests created at the same time as the future interest
Remand: To send back
Remedial statute: A law enacted for the purpose of correcting a defect in a prior law, or in order
to provide a remedy where none previously existed Remedial statutes are typically liberally
construed
Remedy: The manner in which a right is enforced or satisfied by a court when some harm or
injury, recognized by society as a wrongful act, is inflicted upon an individual
Remission: Extinguishment or release of a debt
Remit: To transmit or send To relinquish or surrender, such as in the case of a fine, punishment,
or sentence; to refer to an authority, esp to send a case back to a lower court
Remittance: Money sent from one individual to another in the form of cash, check, or some
other manner
Remittitur: The procedural process by which an excessive verdict of the jury is reduced If money
damages awarded by a jury are grossly excessive as aMATTER OF LAW, or perhaps significantly more
than the plaintiff had sought, the judge may exercise discretion to order the plaintiff to remit a
portion of the award Rules and standards vary by jurisdiction The inverse of remittitur, in which a
jury’s award of damages is subsequently increased, is known as “additur.”
Removal: The transfer of a person or thing from one place to another The transfer of a case from
one court to another In this sense, removal generally refers to a transfer from a court in one
jurisdiction to a court in another, whereas a change of venue may be granted simply to move a
case to another location within the same jurisdiction
Render: Return; yield; pay or perform, as in charges or services
Renewal: Rehabilitation; reestablishment; substitution of a new right or obligation for another of
the same or similar nature
Rent strike: An organized protest on the part of tenants in which they withhold the payment of
consideration for the use or occupation of property from their landlord until their grievances
are settled
Renunciation: The ABANDONMENTof a right; repudiation; rejection
Renvoi: The process by which a court adopts the rules of a foreign jurisdiction with respect to any
conflict of laws that arises
Reorganization: The process of carrying out, through agreements and legal proceedings, a
business plan for winding up the affairs of, or foreclosing a mortgage upon, the property of a
corporation that has become insolvent
Reorganization plan: A scheme authorized by federal law and promulgated by the president
whereby he or she alters the structure of federal agencies to promote government efficiency and
economy through a transfer, consolidation, coordination, authorization, or abolition of
functions
Reparable injury: A TORT, or civil wrong, that can be compensated through the payment of
pecuniary damages, as distinguished from irreparable injury or harm that is not compensable
through the payment of money
Trang 6Reparation: Compensation for an injury; redress for a wrong inflicted.
Repeal: TheANNULMENTor abrogation of a previously existing statute by the enactment of a later law that revokes the former law
Replevin: A legal action to recover the possession of items ofPERSONAL PROPERTY Replication: InCOMMON-LAW PLEADING, the response of a plaintiff to the defendant’s plea in an action at law, or to the defendant’s answer in a suit inEQUITY
Reply: ThePLEADINGin which a plaintiff responds to the defendant’s demand for relief asserted in
a set-off or counterclaim
Report: An official or formal statement of facts or proceedings To give an account of; to relate;
to tell or convey information; the written statement of such an account
Reporter: One who prepares a summary or gives an account A court reporter is a person who records court proceedings as they take place and then later transcribes the account A published volume of the decisions of a court or a group of courts
Repossession: The creditor’s physical taking back of an item that has been sold on credit, because the debtor has not made sufficient or timely payments on it The item is often sold or otherwise exchanged, and the proceeds are put toward the money owed and also toward the costs of the repossession
Represent: To exhibit or expose; to appear in the character of To speak on behalf of the interests
of a party or a constituency in legal proceedings or as a delegate in a function or ongoing deliberative body
Representation: Any action or conduct that can be turned into a statement of fact
Representative: An individual who stands in the place of another
Representative action: A legal action in which one or a few members of a class sue on behalf of themselves and other members of the same class; a lawsuit brought by the stockholders of a corporation, on its behalf, for the enforcement of a corporate right
Reprieve: The suspension of the execution of the death penalty for a period of time, often at a time close to the scheduled execution
Reprisal: The act of punishing another for some injury the latter caused In terms of international law, a reprisal is the forcible taking, in time of peace, by the government of one country the property or territory belonging to another country or belonging to the citizens of the other country, as redress intended to satisfy a claim
Republic: That form of government in which the administration of affairs is open to all the citizens A political unit or“state,” independent of its form of government
Republication: The reexecution or reestablishment by a testator of a will that he or she had once revoked
Repudiation: The rejection or refusal of a duty, relation, right, or privilege
Trang 7Repugnancy: An inconsistency or opposition between two or more clauses of the same deed,
contract, or statute, between two or more material allegations of the samePLEADINGor between
any two writings
Requirements contract: A written agreement whereby a buyer assents to purchase for a sufficient
consideration (the inducement to enter into an agreement) all the merchandise of a designated
type that he or she might require for use in his or her own established business
Requisition: A written demand; a formal request or requirement The formal demand by one
government upon another, or by the governor of one state upon the governor of another state,
of the surrender of a fugitive from justice The taking or seizure of property by government
Res: [Latin, A thing.] An object, a subject matter, or a status against which legal proceedings have
been instituted
Res gestae: [Latin, Things done.] Secondhand statements considered trustworthy for the purpose
of admission as evidence in a lawsuit when repeated by a witness because they were made
spontaneously and concurrently with an event
Res ipsa loquitur: [Latin, The thing speaks for itself.] A rebuttable presumption or inference that
the defendant was negligent, which arises upon proof that the instrumentality or condition
causing the injury was in the defendant’s exclusive control and that the accident was one that
ordinarily does not occur in the absence ofNEGLIGENCE
Res judicata: [Latin, A thing adjudged.] A rule that a final judgment on the merits by a court that
has jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or
that could have been litigated in that suit
Rescind: To declare a contract void—of no legal force or binding effect—from its inception and
thereby restore the parties to the positions they would have occupied had no contract ever been
made
Rescission: The abrogation of a contract, effective from its inception, thereby restoring the
parties to the positions they would have occupied if no contract had ever been formed
Rescue: The crime of forcibly and knowingly freeing another from arrest, imprisonment, or legal
custody
In ADMIRALTY AND MARITIME LAW, the taking back of property seized as prize from the
possession of the captors by the party who originally lost it
Rescue doctrine: The principle that one who has, through herNEGLIGENCE, endangered the safety
of another can be held liable for injuries sustained by a third person who attempts to save the
imperiled person from injury
Reservation: A clause in a deed of real property whereby the grantor, one who transfers property,
creates and retains for the grantor some right or interest in the estate granted, such as rent or
anEASEMENT, a right of use over the land of another A large tract of land that is withdrawn by
public authority from sale or settlement and appropriated to specific public uses, such as parks
or military posts A tract of land under the control of the Bureau of Indian Affairs to which an
American Indian tribe retains its original title to ownership, or that has been set aside from the
public domain for use by a tribe
Reserve: Funds set aside to cover future expenses, losses, or claims To retain; to keep in store for
future or special use; to postpone to a future time
Residence: Personal presence at some place of abode
Trang 8Residency: A duration of stay required by state and local laws that entitles a person to the legal protection and benefits provided by applicable statutes
Residuary clause: A provision in a will that disposes of property not expressly disposed of by other provisions of the will
Residuum: That which remains after any process of separation or deduction; a balance; that which remains of a decedent’s estate after debts have been paid and gifts deducted
Resolution: The official expression of the opinion or will of a legislative body
Respondeat superior: [Latin, Let the master answer.] A common-law doctrine that makes an employer liable for the actions of an employee when the actions take place within the scope of employment
Respondent: InEQUITYpractice, the party who answers a bill or other proceeding in equity Also referred to as an appellee, the respondent is the party against whom an appeal or motion, an application for a court order, is instituted and who is required to answer in order to protect his
or her interests
Responsive pleading: A formal declaration by a party in reply to a prior declaration by an opponent
Rest: To cease motion, exertion, or labor
Restatement of law: A series of volumes regarded as an authoritative work of legal scholarship prepared by the authors, scholars, and members of the judiciary who comprise the American Law Institute (ALI), which presents a survey of a general area of the law and the changes that have occurred therein
Restitution: In the context ofCRIMINAL LAW, state programs under which an offender is required,
as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; in the law ofTORTS, or civil wrongs, a measure of damages; in regard to contract law, the restoration of
a party injured by a breach of contract to the position that party occupied before she or he entered the contract
Restorative justice: A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, andREPARATION
Restraining order: A restraining order is a command of the court issued upon the filing of an application for anINJUNCTION, prohibiting the defendant from performing a threatened act until
a hearing on the application can be held
Restraint of trade: Contracts or combinations that tend, or are designed, to eliminate or stifle competition, create a MONOPOLY, artificially maintain prices, or otherwise hamper or obstruct the course of trade as it would be carried on if it were left to the control of natural economic forces Restrictive covenant: A provision in a deed limiting the use of the property and prohibiting certain uses A clause in contracts of partnership and employment prohibiting a contracting party from engaging in similar employment for a specified period of time within a certain geographical area
Trang 9Restrictive indorsement: The act of a payee or other holder of an instrument, such as a check, that
consists of signing his or her name upon the back of the instrument in order to transfer it to another
and wording the signature in such a manner as to bar the further negotiability of the instrument
Resulting trust: An arrangement whereby one person holds property for the benefit of another,
which is implied by a court in certain cases where a person transfers property to another and
gives him or her legal title to it but does not intend him or her to have an equitable or
beneficial interest in the property
Retainer: A contract between attorney and client specifying the nature of the services to be
rendered and the cost of the services
Retaliatory eviction: The act of a landlord in ejecting or attempting to eject a tenant from the rented
premises, or in refusing to renew a lease, because of the tenant’s complaints or participation in a
tenant’s union or in similar activities with which the landlord is not in accord
Retorsion: A phrase used inINTERNATIONAL LAWto describe retaliatory action taken by one foreign
government against another for the stringent or harsh regulation or treatment of its citizens
who are within the geographical boundaries of the foreign country
Retraction: In the law ofDEFAMATION, a formal recanting of the libelous or slanderous material
Retro: A retroactive law changes the legal consequences of an action after it has occurred, thus
creating a legal posture that was not in place at the time, such as the criminalization of
particular acts that were perfectly legal when committed, or perhaps the instatement or
extension of punishment that was not provided for when acts were committed As a result of
the abrupt changes that they can impose, retroactive laws are generally disfavored in U.S law
Retroactive: Having reference to things that happened in the past, prior to the occurrence of the
act in question
Return: The redelivery of a writ, notice, or other form of legal process to the court after its proper
service on the defendant or after it cannot be served, also called“return of service” the official
report made by a court, body of magistrates, or other official board charged with counting
votes cast in an election, also called an “election return.”
Return day: The day on which votes are counted and the election results announced The day
named in a writ or other form of legal process as the date when the response to that paper must
be made
The day on which an officer, such as a U.S marshal, must file proof with the court that he or
she has served legal process on a defendant or that he or she cannot serve the papers The
statement is made under oath and is called the return or return of process
Revenue: Return or profit such as the annual or periodic rents, profits, interest, or income from
any type of real or PERSONAL PROPERTY, received by an individual, a corporation, or a
government
Reverse: To overthrow, invalidate, repeal, or revoke
Reversion: Any future interest kept by a person who transfers property to another
Reverter, possibility of: A contingent future interest in real property that a grantor of a
determinable fee possesses after he or she has conveyed property
Review: To reexamine judicially or administratively; a judicial reconsideration for purposes of
correction, for example, the examination of a case by an appellate court
Trang 10Revised statutes: A body of statutes that have been revised, collected, arranged in order, and reenacted as a whole The legal title of the collection of compiled laws of the United States, as well as some of the individual states
Revival of an action: A mechanism of legal procedure that operates at the PLEADING stage of litigation to subsequently renew an action that has been abated, terminated, or suspended for reasons other than the merits of the claim
Revive: To renew
Revocation: The recall of some power or authority that has been granted
Revoke: To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse Revolution: A sudden, tumultuous, and radical transformation of an entire system of government, including its legal and political components
Revolving charge: A type of credit arrangement that permits a buyer or a borrower to purchase merchandise or obtain loans on a continuing basis as long as the outstanding balance of the account does not exceed a certain limit
Reward: A sum of money or other compensation offered to the public in general, or to a class of persons, for the performance of a special service
Rex: [Latin, The king.] The phrase used to designate the king as the party prosecuting an accused
in a criminal action, such as an action entitled Rex v Doe
Rider: A schedule or writing annexed to a document such as a legislative bill or insurance policy Right-to-work laws: State laws permitted by section 14(b) of theTAFT-HARTLEY ACT that provide
in general that employees are not required to join a union as a condition of getting or retaining
a job
Right: In an abstract sense, justice, ethical correctness, or harmony with theRULES OF LAWor the principles of morals In a concrete legal sense, a power, privilege, demand, or claim possessed
by a particular person by virtue of law
Right of action: The privilege of instituting a lawsuit arising from a particular transaction or state
of facts, such as a suit that is based on a contract or aTORT, a civil wrong
Right of election: The prerogative of a surviving spouse to accept the provision the deceased spouse made in the will or to disregard the will and claim the share specified by statute Right of reentry: A right, retained by the grantor at the time land is conveyed, to reenter and take possession of the land if a certain condition occurs or fails to occur
Right of survivorship: The power of the successor or successors of a deceased individual to acquire the property of that individual upon his or her death; a distinguishing feature of joint tenancy
Right of way: AnEASEMENT, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement
Right to counsel: The legal responsibility for the government to provide every defendant in a criminal action withLEGAL REPRESENTATIONthat also must be deemed effective