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Glossary The
History of Bail
Ransom
Money paid to have a kidnapped person released.
Rape
Originally, forced sex with a woman, other than a wife, without her consent.
This basic definition is changing to include sex with a minor (with or without
consent; also known as statutory rape), sex with a man without his consent, and
sex by force within marriage.
Real property
Immoveable property such as land or a building or an object that, though at one
time a chattel (which see), has become permanently affixed to land or a
building.
Rebuttable presumption
A "presumption means that if certain facts are proven, then another fact can be
taken for granted by the judge (or jury). Most presumptions are "rebuttable".
The person against whom the presumption is made may present evidence to the
contrary, thereby rebutting the presumption, which has the effect of nullifying
it. At this point, the person that tried to use the presumption is deprived of
the advantage of "free" evidence and now must present evidence to support the
fact which might have been proven by the presumption.
Record
A written account of the proceedings in a case, including all pleadings,
evidence, and exhibits submitted in the course of the case.
Redemption
To buy back; when a vendor later buys the property back. A right of redemption
gives the vendor the right to buy back the property. In some jurisdictions where
a mortgage transfers title to the lender until the mortgage is paid off, the
"buying back" of the property is known as redemption.
Relator
An informer; a person who has supplied the facts required for a criminal
prosecution or a civil suit. In criminal prosecutions in some states, this would
be indicated by the use of the expression ex. rel., as in The State of
ex. rel. Robert Smith v. George Doe.
Remainder
A right to future enjoyment or ownership of real property; the "left-over" after
property has been conveyed first to another party. A remainder interest is what
is left over after a life estate has run its course. Contrary to a reversion
(which see), a remainder does not go to the grantor or his (or her) heirs.
Remand
The act of an appellate court sending a case to a lower court for further
proceedings.
REMO
Abbreviation for "reciprocal enforcement of maintenance orders" and the name of
the international system of recognition, registration and enforcement of child
and spousal support orders between countries which have agreed, between
themselves, to enforce each other's maintenance orders. Originally created by
England, the international REMO system now spreads over many countries. In the
USA, the system is known as UIFSA or URESA.
Rent
The consideration paid by a tenant to a landlord in exchange for the exclusive
use and enjoyment of land, a building or a part of a building. Usually, rent is
paid in money and at regular intervals, such as the first of every month. The
word has also come to be used as a verb, as in to "rent an apartment", although
the proper legal term would be to "lease an apartment."
Replevin
A legal action taken to reclaim goods which have been distrained, or held by a
landlord as collateral. See also distraint.
Rescind
To abrogate or cancel a contract, so that both parties are in the same position
they would have been in had there been no contract. Rescission can occur in one
of two ways: either a contract can be set aside (rescinded) because of some
defect in its formation (such as misrepresentation, duress or undue influence);
or it can be set aside by joint agreement by the parties, for example if they
reach a new agreement.
Res gestae
Latin for "things done." A peculiar rule, used mostly in criminal cases, which
allows hearsay if the statement is made during the excitement of the litigated
event. For example, the words "stick 'em up!" used during an armed robbery would
be admissible in evidence under the "res gestae" rule. So, too, would
spontaneous statements made by the defendant during or right after the crime.
Some laws even allow "res gestae" statements to be introduced in evidence in
special kinds of prosecutions, such as a statement made by a child to another
person in a child sexual abuse case. Such a statement may be allowed as evidence
even though, technically, it offends the rule against hearsay. This is to
recognize the trauma of having a child testify in open court on the subject of
her or his abuse. "Res gestae" evidence usually requires a "voir dire" (which
see) hearing before it is admissible unless the defense allows it to be put on
the trial record unchallenged.
Res ipsa loquitur
A word used in tort referring to situations in which negligence is presumed on
the defendant since the object causing injury was in his or her control. This is
a rebuttable presumption, since it may be possible to show that the event was an
inevitable accident and had nothing to do with the defendant's responsibility of
control or supervision. An example of "res ipsa loquitur" would be getting hit
by a rock which flies off a passing dump truck. The event itself imputes
negligence ("res ipsa loquitur") but could be defeated if the defendant can show
that the event was a total and inevitable accident.
Res judicata
Latin: A matter which has already been conclusively decided by a court.
Respondent
Synonymous with defendant. The party that "responds to" a claim filed in court
against them by a plaintiff. It can also refer to the party who wins at the
first court level but who must then respond to an appeal launched by the party
that lost the case at the first court level (upon appeal, this latter person is
called the appelant).
Restitutio in integrum
Latin for restitution to the original position. In contract law, the party
injured by a breach of contract may ask the court to reverse the contract and
revert the parties to their respective positions before the contract was
accepted. If the court finds that "restitutio in integrum" is not possible
because of actions or events occurring since the date of acceptance, then the
court may order that damages be paid instead.
Restitution
Under ancient English common law, when a party enforced a court judgment which
was overturned on appeal, the appellant could ask the appeal court for
"restitution", or financial compensation that placed the appellant in the same
position as if the original judgment had not been enforced. A new strain of
common law has developed also called "restitution", closely associated with
unjust enrichment. In this case, a person who is deprived of something of value
belonging to them can ask a court to order "restitution". The best example is
asking a court to reverse or correct a payment made in error.
Resulting trust
A trust that is presumed by the court from certain situations. The court
presumes an intention to create a trust; the law assumes that the property is
not held by the right person and that the possessor is only holding the property
"in trust" for the rightful owner. In constructive trusts, the courts do not
presume an intention; they simply impose a trust from the facts.
Retainer
A contract between a lawyer and client, wherein the lawyer agrees to represent
and provide legal advice to the client, who promises to pay. The signed retainer
begins the client-lawyer relationship from which flow many responsibilities and
duties, primarily on the lawyer, including the duty to provide accurate legal
advice; to monitor limitation dates; and to not allow any conflict of interest
with the relationship with the client.
Reverse
The act of an appellate court setting aside the decision of a trial court. A
reversal is often accompanied by a remand to the lower court for further
proceedings.
Reversion
A future interest left in a transferor of property, or his (or her) heirs; a
reservation in a real property conveyance such that the property reverts back to
the original owner upon the occurrence of a certain event. For example, Jim
gives land to his church to build a new church edifice, with the provision that
if the church ceases to use the building, the land and building revert to the
giver or his heirs. Differs from a remainder in that a remainder takes effect by
an act of the parties involved. A reversion takes effect by operation of the
law. Nor is a reversion a "left-over" as is a remainder. Rather, it reverts the
entire property.
Right of first refusal
A right given to a person to be the first to be offered the designated object if
it is ever to be offered for sale.
Riparian rights
Special rights of people who own land that runs into a river bank (a "riparian
owner" is a person who owns land that runs into a river). While not an ownership
right, riparian rights include the right of access to, and use of the water for
domestic purposes (bathing, cleaning and navigating). The extent of these rights
varies from country to country and may include the right to build a wharf
outwards to a navigable depth or to take emergency measures to prevent flooding.
Rule against perpetuities
A common law rule that prevents suspension of the transfer of property for more
then 21 years or a lifetime plus 21 years. If a will, for example, proposes the
transfer of an estate at some future date, that is either more than 21 years
after the death of the testator or that is for the life of a person identified
in the will plus 21 years, the transfer is void. Statute law exists in many
jurisdictions which supersedes the common law rule.
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