Glossary Results - R

real property - Land including property (e.g. trees) or structures (e.g. a house) permanently attached to it. Synonymous with real estate.  

Reasonable Doubt - An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as the truth of the charge.

Reasonable Person - A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do , or on the doing of something that a reasonable and prudent (wise) person would not do.

Rebut - Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. (See rejoinder)

Recognizance - An obligation entered into before a court whereby the recognizer acknowledges that he will do a specific act required by law.

Record - All the documents and evidence plus transcripts of oral proceedings in a case.

recording - The legal process of filing a deed or other document involving real estate with the state or county office in which the land is situated. The creation of a public record concerning real estate.  

recusal - Term used to describe an instance in which a judge is removed (voluntarily or involuntarily) from a case. This typically occurs when the judge has a conflict of interest.  

Recuse - The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Re-direct examination - Opportunity to present rebuttal evidence after one' evidence has been subjected to cross-examination.

Redress - To set right; to remedy; to compensate; to remove the causes of a grievance.

Referee - A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.

Registered Mark - Trademark with the words "Registered in the U.S. Patent and Trademark Office" or the letter "R" enclosed within a circle.

Rehearing - Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Rejoinder - Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side. (See rebut)

Remand - To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.

Remedy - Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Remittitur - The reduction by a judge of the damages awarded by a jury.

Removal - The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

rent control - Laws that control the maximum amount of rent a tenant may be charged, and that establish when the amount of rent can be raised.  

Replevin - An action for the recovery of a possession that has been wrongfully taken.

Reply - The response by a party to charges raised in a pleading by the other party.

Reporters - Books which contain court decisions.

repossession - The procedure in which a bank or lending institution takes property that has been pledged as collateral on a unpaid loan.  

request for admission - A trial procedure, in which one side asks the other to admit that certain facts are true in order to save time at trial.  

Request for production of documents - A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery devise.

Resolution - The formal adoption of a motion.

respondent - A legal term used mainly in civil cases to describe the defendant. The individual being sued who is required by law to respond to the complaint.  

Rest - A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

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