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LEGAL DICTIONARY - LETTER R


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RANSOM
(1) n. money paid to a kidnapper in demand for the release of the person abducted. Ransom money can also be paid to return a valuable object such as a stolen painting. (2) v. to pay money to an abductor to return the person held captive.

RAPE
Sex with a woman, other than a wife, without her consent. But many states have changed this basic definition to include sex with a minor (with or without consent; also known as statutory rape), sex with a man without his consent, or exempting men who force their wives to have sex.

REAL PROPERTY
Immoveable property such as land or a building or an object that, though at one time a chattel has become permanently affixed to land or a building.

RECORD
(1) To preserve in writing, print or by film, tape, etc. (2) History or a case. (3) The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial.

RECUSAL 
n. the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict of interest or other good reason.

REDEMPTION 
n. the act of redeeming, buying back property by paying off a loan, interest and any costs of foreclosure.

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 California ex. rel. Robert Smith v. George Doe. Reply - Pleading by the plaintiff in response to the defendant's written answer.

RESPONDENT
n. (1) the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages. (2) On an appeal, the party who must respond to an appeal by the losing party in the trial court (called "appellant") in the appeals court.

RESTITUTIO IN INTEGRUM
The latin maxim restitutio in integrum (restoration to original condition) is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position he or she would have been had the tortious action not been committed. Thus the plaintiff should clearly be awarded damages for direct expenses such as medical bills and property repairs and the loss of future earnings attributable to the injury (which often involves difficult speculation about the future career and promotion prospects).

RESULTING TRUST
n. a trust implied by law (as determined by a court) that a person who holds title or possession was intended by agreement (implied by the circumstances) with the intended owner to hold the property for the intended owner. Thus, the holder is considered a trustee of a resulting trust for the proper owner as beneficiary. Although a legal fiction, the resulting trust forces the holder to honor the intention and prevents unjust enrichment.

RETAINER
A contract between a lawyer and his (or her) client, wherein the lawyer agrees to represent and provide legal advice to the client, in exchange for money. The signed retainer begins the client-lawyer relationship from which flow many responsibilities and duties, primarily on the lawyer, including to provide accurate legal advice, to monitor limitation dates and to not allow any conflict of interest with the relationship with the client.

ROLLOVER 
A delayed tax that allows you to apply the profit you make selling your old house to pay for the new one without paying capital gains taxes on the profit. In order to rollover the profits, the new house must be more expensive than the old and the two sales must occur within two years of each other.