be duties without rights. In order for a duty to
create a right, it must be a duty to act or forbear. Thus,
among those duties which have rights corresponding to
them do not come the duties, if such there be, which call
for an inward state of mind, as distinguished from external
acts or forbearances. It is only to acts and forbearances that
others have a right. It may be our duty to love our neighbor,
but he has no right to our love." John Chipman Gray, The
Nature and Sources of the Law 8~9 (2d ed. 1921).
"'[T]he word 'right' is one of the most deceptive of pitfalls;
it is so easy to slip from a qualified meaning in the premise
to an unqualified one in the conclusion. Most rights are
qualified." American Bank & Trust Co. v. Federal Reserve
Bank ofAtlanta, 256 U.S. 350, 358, 41 S.Ct. 499, 500 (1921)
(Holmes,J.).
''[In Hohfeldian terminology.] A is said to have a r/ghtthat B
shall do an act when, if B does not do the act, A can initiate
legal proceedings that will result in coercing B. In such a
situation B is said to have a duty to do the act. Right and
duty are therefore correlatives, since in this sense there
can never be a duty without a right." E. Allen Farnsworth,
ContrClcts  3.4, at 114. n.3 (3d ed. 1999).
absolute right. 1. A right that belongs to every human
being, such as the right ofpersonal liberty; a natural
right. 2. An unqualified right; speci., a right that
cannot be denied or curtailed except under specific
conditions <freedom ofthought is an absolute right>.
 For example, a plaintiffhas an absolute right to vol
untarily nonsuit a case before it is finally submitted;
after final submission, the court has discretion to
grant or deny a voluntary nonsuit. Cf. relative right.
accessory right. A supplementary right that has been
added to the main right that is vested in the same
owner. For example, the right in a security is acces
sory to the right that is secured; a servitude is acces
sory to the ownership of the land for whose benefit
the servitude exists. Cf. principal right.
accrued right. A matured right; a right that is ripe for
enforcement (as through litigation).
acquired right. A right that a person does not naturally
enjoy, but that is instead procured, such as the right
to own property.
civil right. See CIVIL RIGHT.

1437 right
conditional right. A right that depends on an uncer
tain event; a right that mayor may not exist. For
example, parents have the conditional right to punish
their child, the condition being that the punishment
must be reasonable.
conjugal rights. See CONJUGAL RIGHTS.
equitable right. A right cognizable within a court of
equity.  Ifa legal right and an equitable right conflict,
the legal right ordinarily prevails over and destroys
the equitable right even if the legal right arose after
the equitable right. Breaches of equitable rights are
remedied by means other than monetary damages,
such as an injunction or specific performance. With
the merger oflaw and equity in federal and most state
courts, the procedural differences between legal and
equitable rights have been largely abolished. Cf.legal
right (1), (2). [Cases: Equity C:::::>3.]
expectant right. A right that is contingent on the occur
rence of some future event; a contingent right.
fundamental right. See FUNDAMENTAL RIGHT.
imperfect right. A right that is recognized by the law
but is not enforceable . Examples include time
barred claims and claims exceeding the local limits
of a court's jurisdiction.
"[Tlhere are certain rights, sometimes called imperfect
rights, which the law recognizes but will not enforce
directly. Thus a statute barred debt cannot be recovered in
a court of law, but for certain purposes the existence of the
debt has legal significance. If the debtor pays the money,
he cannot later sue to recover it as money paid without
consideration; and the imperfect right has the faculty of
becoming perfect if the debtor makes an acknowledgment
of the debt from which there can be inferred a promise to
pay." George Whitecross Paton, A Textbook ofJurisprudence
286 (G.W. Paton & David P. Derham eds., 4th ed. 1972).
imprescriptible right. A right that cannot be lost to
prescription.
inalienable right. A right that cannot be transferred or
surrendered; esp., a natural right such as the right to
own property. -Also termed inherent right.
incorporeal right. A right to intangible, rather than
tangible, property . A right to a legal action (a chose
in action) is an incorporeal right. See chose in action
under CHOSE.
inherent right. See inalienable right.
legal right. 1. A right created or recognized by law.
 The breach of a legal right is usu. remediable by
monetary damages. 2. A right historically recog
nized by common-law courts. Cf. equitable right. 3.
The capacity of asserting a legally recognized claim
against one with a correlative duty to act.
natural right. A right that is conceived as part of
natural law and that is therefore thought to exist
independently of rights created by government or
society, such as the right to life, liberty, and property.
See NATURAL LAW.
negative right. A right entitling a person to have
another refrain from doing an act that might harm
the person entitled. Cf. positive right. patent right. A right secured by a patent. [Cases:
Patents C:::::> l.}
perfect right. A right that is recognized by the law and
is fully enforceable.
peripheral right. A right that surrounds or springs
from another right.
personal right. 1. A right that forms part of a person's
legal status or personal condition, as opposed to the
person's estate. 2. See right in personam.
political right. 1he right to participate in the establish
ment or administration of government, such as the
right to vote or the right to hold public office. -Also
termed political liberty. [Cases: Constitutional Law
1460-1482; Elections 1; Officers and Public
Employees C=.) 18.]
positive right. A right entitling a person to have another
do some act for the benefit ofthe person entitled. Cf.
negative right.
precarious right. A right enjoyed at the pleasure of
another; a right that can be revoked at any time.
primary right. A right prescribed by the substantive
law, such as a right not to be defamed or assaulted .
Ihe enforcement of a primary right is termed specific
enforcement.
principal right. A right to which has been added a
supplementary right in the same owner. Cf. acces
sory right.
private right. A personal right, as opposed to a right of
the public or the state. Cf. public right.
procedural right. (1911) A right that derives from legal
or administrative procedure; a right that helps in the
protection or enforcement of a substantive right. Cf.
substantive right.
property right. (1853) A right to specific property,
whether tangible or intangible. [Cases: Constitutional
Law C:::::>3874.]
proprietary right. A right that is part of a person's
estate, assets, or property, as opposed to a right arising
from the person's legal status.
public right. A right belonging to all citizens and usu.
vested in and exercised by a public office or political
entity. Cf. private right.
real right. 1. Civil law. A right that is connected with
a thing rather than a person . Real rights include
ownership, use, habitation, usufruct, predial servi
tude, pledge, and real mortgage.
''The term 'real rights' Uura in re) is an abstraction unknown
to claSSical Roman law. The classical jurists were preoc
cupied with the availability of remedies rather than the
existence of substantive rights, and did not have a generic
term to include all 'rights' which ciVilian scholars of follow
ing generations classified as 'real.' The expression ('real
rights') was first coined by medieval writers elaborating on
the Digest in an effort to explain ancient procedural forms
of action in terms of substantive rights." A.N. Yiannopo
ulos, Real Rights in Louisiana and Comparative Law, 23 La.
L. Rev. 161, 163 (1963).
2. JUS IN RE. 3. See right in rem.

1438 right against self-incrimination
relative right. A right that arises from and depends
on someone else's right, as distinguished from an
absolute right. Cf. absolute right.
remedial right. The secondary right to have a remedy
that arises when a primary right is broken. See sec
ondary right.
restitutory right. A right to restitution.
right in personam (in p:Jr-soh-n:Jm). An interest
protected solely against specific individuals.
Also termed personal right; jus in personam. See IN
PERSONAM.
right in rem (in rem). A right, often negative, exercis
able against the world at large. -Also termed real
right; jus in rem. See IN REM.
"A right in rem need not relate to a tangible res. Thus a
right that one's reputation should not be unjustifiably
attacked is today described as a right in rem, since it is a
right that avails against persons generally. This shows how
far the conception has developed from the Roman notion
of actio in rem, for one who sues to protect his reputation
is not asking for judgment for a specific res. It should
also be noticed that on breach of a right in rem, a right in
personam arises against the aggressor." George Whitecross
Paton, A Textbook ofJurisprudence 300 (G.w. Paton & David
P. Derham eds., 4th ed. 1972).
secondary right. A right prescribed by procedural
law to enforce a substantive right, such as the right
to damages for a breach ofcontract. -The enforce
ment ofa secondary right is variously termed second
ary enforcement, remedial enforcement, or sanctional
enforcement. Also termed remedial right; sanction
ing right.
substantial right. (18c) An essential right that poten
tially affects the outcome of a lawsuit and is capable
oflegal enforcement and protection, as distinguished
from a mere technical or procedural right.
substantive right (s:lb-st:Jn-tiv). (I8c) A right that can
be protected or enforced by law; a right of substance
rather than form. Cf. procedural right.
vested right. A right that so completely and definitely
belongs to a person that it cannot be impaired or
taken away without the person's consent. [Cases:
Constitutional Law (::::::>2630-2655.]
right against self-incrimination. (1911) A criminal
defendant's or a witness's constitutional right under
the Fifth Amendment, but waivable under certain con
ditions -guaranteeing that a person cannot be com
pelled by the government to testify if the testimony
might result in the person's being criminally pros
ecuted. _ Although this right is most often asserted
during a criminal prosecution, a person can also
"plead the Fifth" in a civil, legislative, administrative,
or grand-jury proceeding. -Also termed privilege
against self-incrimination; right to remain silent. See
SELF-INCRIMINATION. [Cases: Criminal Law (::::::>393;
Witnesses (::::::>297.1
"The right against selfincrimination, protected by the
Fifth Amendment, is central to the accusatorial system of
criminal justice: together with the presumption of inno
cence, the right against self incrimination ensures that the state must bear the burden of prosecution .... The right
against self-incrimination is personal. It may be claimed
only by the person who himself might be at risk for testify
ing. It may not be claimed on behalf of another ...." Jethro
K. Lieberman, The Evolving Constitution 481-82 (1992).
right-and-wrong test. See MCNAGHTEN RULES.
rightful, adj. 1. (Ofan action) equitable; fair <a rightful
dispossession>. 2. (Of a person) legitimately entitled to
a position <a rightful heir>. 3. (Of an office or piece of
property) that one is entitled to <her rightful inheri
tance>.
right heir. See HEIR.
right in personam. See RIGHT.
right in re aliena. See JUS IN RE ALIENA.
right in rem. See RIGHT.
right in re propria. See JUS IN RE PROPRIA.
right not to be qnestioned. See privilege against self
incrimination under PRIVILEGE (3).
right of action. 1. The right to bring a specific case to
court. [Cases: Action C::' 1, 2.] 2. A right that can be
enforced by legal action; a chose in action. Cf. CAUSE OF
ACTION. [Cases; Action (::::::> 1,2; Property ('~5.5.]
right ofangary. See ANGARY.
right of approach. Int'llaw. The right of a warship on
the high seas to draw near another vessel to determine
its nationality. [Cases: War and National Emergency
(::::::>20.]
right of assembly. The constitutional right guaran
teed by the First Amendment ofthe people to gather
peacefully for public expression ofreligion, politics, or
grievances. -Also termed freedom ofassembly; right
to assemble. Cf. FREEDOM OF ASSOCIATION; unlawful
assembly under ASSEMBLY. [Cases: Constitutional Law
(;::>1430,1431.]
right of audience. A right to appear and be heard in a
given court. _ The term is chiefly used in England to
denote the right of a certain type oflawyer to appear
in a certain type of court.
right ofcommon. See PROFIT APRENDRE.
right-of-conscience law. A statute allowing healthcare
profession


ofcommon. See PROFIT APRENDRE.
right-of-conscience law. A statute allowing healthcare
professionals to refuse to provide services that they find
morally objectionable.
right ofcontribution. See CONTRIBUTION (1).
right of discussion. Scots law. See BENEFIT OF DISCUS
SION.
right ofdissent and appraisal. See APPRAISAL REMEDY.
right ofdivision. Scots law. See BENEFIT OF DIVISION.
right of election. Wills & estates. A surviving spouse's
statutory right to choose either the gifts given by the
deceased spouse in the will or a forced share or a share
of the estate as defined in the probate statute. Also
termed widow's election. See ELECTION (2); augmented
estate under ESTATE (3). [Cases: Descent and Distribu
tion Wills (::::::>778-818.]

1439
right ofentry. 1. The right of taking or resuming pos
session of land or other real property in a peaceable
manner. 2. POWER OF TERMINATION. 3. The right to
go into another's real property for a special purpose
without committing trespass. -An example is a land
lord's right to enter a tenant's property to make repairs.
[Cases: Trespass ~~24.J 4. The right of an alien to go
into a jurisdiction for a special purpose. -An example
is an exchange student's right to enter another country
to attend college. [Cases: Aliens, Immigration, and Cit
izenship C='162, 163.J
right of entry for breach ofcondition. See POWER OF
TERMINATION.
right ofentry for condition broken. See POWER OF TER
MINATION.
right ofexoneration. See EQUITY OF EXONERATION.
right of family integrity. A fundamental and substan
tive due-process right for a family unit to be free of
unjustified state interference. -While not specifically
mentioned in the u.s. Constitution, this right is said to i
emanate from it. The contours ofthe right are nebulous
and incompletely defined, but it at least includes the
right to bear children, to rear them, and to guide them
according to the parents' beliefs, as well as the right of
children to be raised by their parents free of unwar- i
ranted interference by state officials. The right restricts i
state action under the Fourteenth Amendment. Inter
ference is not permitted in the absence ofa compelling
state interest and is reviewed under a strict-scrutiny
standard. Most courts require a state to establish by
clear and convincing evidence that interference in a
familial relationship is justified. -Also termed right to !
family integrity. See PARENTAL-AUTONOMY DOCTRINE;
PARENTAL-PRIVILEGE DOCTRINE. Cf. freedom of
intimate association under FREEDOM OF ASSOCIATION.
[Cases: Constitutional Law (:=)4382.]
right of first publication. See common-law copyright
under COPYRIGHT.
right of first refusal. 1. A potential buyer's contractual
right to meet the terms ofa third party's higher offer.
-For example, if Beth has a right offirst refusal on the
purchase ofSam'~ house, and ifTerry offers to buy the
house for $300,000, then Beth can match this offer and
prevent Terry from buying it. Cf. RIGHT OF PREEMP
TION. [Cases: Contracts (:=> 16.5, 172; Sales 64;
Vendor and Purchaser <8=> 18(.5), 57.] 2. Family law.
The right of a parent to be offered the opportunity to
have custody ofa child other than during a usual visi
tation period before the other parent turns to a third
party caregiver. -The right may be exercised by either
parent, and may exist in circumstances that are fore
seeable (e.g., a business trip) or unforeseeable (e.g., an
illness). [Cases: Child Custody <8=> 149.J
right offishery. See FISHERY (1).
right ofinnocent passage. See I;'oI;'oIOCENT PASSAGE.
right ofoccupancy. See INDIAN TITLE.
right ofpetition. See RIGHT TO PETITION. right of search
right of possession. The right to hold, use, occupy, or
otherwise enjoy a given property; esp., the right to enter
real property and eject or evict a wrongful possessor.
[Cases: Forcible Entry and Detainer <8=>9(2).J
right of preemption. A potential buyer's contractual
right to have the first opportunity to buy, at a speCified
price, ifthe seller chooses to sell within the contracted
period. -For example, if Beth has a right of preemp
tion on Sam's house for five years at $100,000, Sam can
either keep the house for five years (in which case Beth's
right expires) or, ifhe wishes to sell during those five
years, offer the house to Beth, who can either buy it for
$100,000 or refuse to buy. IfBeth refuses, Sam can sell
to someone else. -Also termedfirst option to buy. Cf.
RIGHT OF FIRST REFUSAL. [Cases: Contracts <8=> 16.5;
Sales Vendor and Purchaser C-~18(.5).]
right ofprivacy. 1. The right to personal autonomy. _ The
u.s. Constitution does not explicitly provide for a right
of privacy or for a general right ofpersonal autonomy,
but the Supreme Court has repeatedly ruled that a
right of personal autonomy is implied in the "zones
of privacy" created by specific constitutional guaran
tees. [Cases: Constitutional Law <>.:>121O-1275.J 2. The
right of a person and the person's property to be free
from unwarranted public scrutiny or exposure. -Also
termed right to privacy. See INVASION OF PRIVACY.
right of publicity. The right to control the use of one's
own name, picture, or likeness and to prevent another
from using it for commercial benefit without one's
consent. [Cases: Torts <8=>384.]
'The right of publicity IS a state-law created intellectual
property right whose infringement is a commerCial tort of
unfair competition. It is a distinct legal category, not just
a 'kind of' trademark, copyright, false advertising or right
of privacy." 1 j. Thomas McCarthy. The Rights of Publicity
and Privacy  1 :3, at 1-2 (2d ed. 2000).
right ofredemption. 1. See EQUITY OF REDEMPTION. 2.
See STATUTORY RIGHT OF REDEMPTION.
right of reentry. See POWER OF TERMIN ATION.
right ofrelief. Scots law. See EQUITY OF SUBROGATION.
right ofreproduction. See REPRODUCTION RIGHT.
right of rescission. See RIGHT TO RESCIND.
right ofretainer. A trustee's power to withhold trust
funds or property from distribution, exercisable when
the beneficiary owes money to the trust. [Cases: Trusts
(>=>282.]
right ofretention. See RETENTION.
right ofrevolution.lhe inherent right ofa people to cast
out its rulers, change its polity, or effect radical reforms
in its system of government or institutions, by force
or general uprising, when the legal and constitutional
methods of making such changes have proved inad
equate or are so obstructed as to be unavailable.
right of search. Int'llaw. The right to stop, visit, and
examine vessels on the high seas to discover whether
they or the goods they carry are liable to capture; esp.,
a belligerent state's right to stop any merchant vessel
of a neutral state on the high seas and to search as

1440 right of subrogation
reasonably necessary to determine whether the ship
has become liable to capture under the international
law of naval warfare. -This right carries with it no
right to destroy without full examination, unless those
on a given vessel actively resist. -Also termed right of
visit; right ojvisit and search; right ojvisitation; right of
visitation and search. See VISIT.
right ofsubrogation. 1. See SUBROGATION. 2. See EQUITY
OF SUBROGATION.
right of suit. A person's right to seek redress in a court.
[Cases: Action C::::>l.J
right ofsupport. Property. 1. A landowner's right to have
the land supported by adjacent land and by the underly
ing earth. [Cases: Adjoining Landowners C::::>2.J 2. A
servitude giving the owner of a house the right to rest
timber on the walls ofa neighboring house.
right of survivorship. A joint tenant's right to succeed
to the whole estate upon the death of the other joint
tenant. -Also termed jus accrescendi. See SURVI
voRsHIp; joint tenancy under TENANCY. [Cases: Joint
Tenancy C::::>6.J
right oftermination. A remedy involving the ending of
contractual relations, accorded to a party to a contract
when the other party breaches a duty that arises under
the contract. -The right of termination is contrasted
with a right to rescind, which arises when the other
party breaches a duty that arises independently of the
contract. Also termed right to terminate. [Cases:
Contracts ~~217; Sales C::::>84.]
right of transit passage. See TRANSIT PASSAGE.
right ofvisit. See RIGHT OF SEARCH.
right ofvisit and search. See RIGHT OF SEARCH.
right of visitation. 1. VISITATION RIGHT. 2. RIGHT OF
SEARCH.
right ofvisitation and search. See RIGHT OF SEARCH.
right-of-way. 1. The right to pass through property
owned by another. - A right-of-way may be estab
lished by contract, by longstanding usage, or by public
authority (as with a highway). Cf. EASEMENT. [Cases:
Easements C::::> 1.] 2. The right to build and operate a
railway line or a highway on land belonging to another,
or the land so used. [Cases: Railroads C::::>69.] 3. The
to take precedence in traffic. [Cases: Automobiles
171(4); Highways <'::='99;]3. The strip ofland
subject to a nonowner's right to pass through. -Also
written right ojway. PI. rights-of-way.
private right-oj-way. See EASEMENT.
public right-ai-way. The right of passage held by the
public in general to travel on roads, freeways, and
other thoroughfares.
right ofwharfing out. A right to the exclusive use of
submerged lands, as by establishing a permanent struc
ture or wharf on the land to dock oceangoing vessels.
[Cases: Navigable Waters (:::::;43(2).J
rights arbitration. Seegrievance arbitration under ARBI
TRATION. rights-consciousness. See CLAIMS-CONSCIOUSNESS.
rights-management information. Intellectual property.
Information about an intellectual-property right,
affixed to the subject matter when it is communicated
to the public, esp. in electronic form, and identifying
the right's owner, terms of use, indexing numbers or
codes, or other identifying information. -The infor
mation facilitates contracting with the owner of the
rights. In digital technology, laws may ban the removal
or alteration of rights-management information as a
form ofintellectual-property protection.
rights ofattribution. See ATTRIBUTION RIGHTS.
rights off. See EX RIGHTS.
rights offering. See OFFERING.
rights on. See CUM RIGHTS.
right to assemble. See RIGHT OF ASSEMBLY.
right to assistance of counsel. See RIGHT TO COUNSEL.
right to bear arms. The constitutional right of persons
to own firearms. U.S. Const. amend II. See SECOND
AMENDMENT. [Cases: Weapons
right to choose. See FREEDOM OF CHOICE.
right-to-convey covenant. See covenant ofseisin under
COVENANT (4).
right to counsel. 1. Criminal law. A criminal defen
dant's constitutional right, guaranteed by the Sixth
Amendment, to representation by a court-appointed
lawyer ifthe defendant cannot afford to hire one. -The
Supreme Court has recognized a juvenile delinquent
defendant's right to counsel. In re Gault, 387 U.S. 1,
87 S.Ct. 1428 (1967). Also termed benefit ojcounsel;
right to assistance ofcounsel. [Cases: Criminal Law <.::='
1766.) 2. Family law. The right ofa defendant in a suit
for termination of parental rights to representation by
a court-apPOinted lawyer if the defendant cannot afford
to hire one. _ Although some states appoint counsel for
indigent defendants in a suit for termination ofparental
rights, the Supreme Court has held that the Consti
tution does not require that counsel be appointed for
indigent defendants in all termination suits, but if a
criminal charge may be made, the right to counsel may
attach. Lassiter v. Department ofSoc. Servs., 452 U.S. 18,
101 S.Ct. 2153 (1981). -Also termed {in both senses}
access to counsel. [Cases: Infants C::::>205.] See ASSIS
TANCE OF COUNSEL.
right to die. The right ofa terminally ill person to refuse
life-sustaining treatment. Also termed right to reJuse
treatment. See ADVANCE DIRECTIVE. [Cases: Health C::::>
914.)
right to exclude. Patents. A patentee's right to prevent
others from making, using, selling, or offering for sale
the patentee's invention. [Cases: Patents C=:'191.]
right to family integrity. See RIGHT OF FAMILY INTEG
RITY.
right-to-know act. A federal or state statute requir
ing businesses (such as chemical manufacturers) that
produce hazardous substances to disclose information

1441
about the substances both


urers) that
produce hazardous substances to disclose information

1441
about the substances both to the community where they
are produced or stored and to employees who handle
them. -Also termed right-to-know statute. [Cases:
Environmental Law (:::::>415.]
right to petition. (17c) The constitutional right -guar
anteed by the First Amendment -ofthe people to make
formal requests to the government, as by lobbying or
writing letters to public officials. Also termed right
ofpetition;freedom ofpetition. [Cases: Constitutional
Law (::::-J 1435-1438.]
right to privacy. See RIGHT OF PRIVACY.
right to pursue happiness. See HAPPINESS, RIGHT TO
PURSUE.
right to refuse treatment. See RIGHT TO DIE.
right to remain silent. See RIGHT AGAINST SELF-INCRIM
INATION.
right to rescind. The remedy accorded to a party to a
contract when the other party breaches a duty that
arises independently of the contract . The right to
rescind is contrasted with a right oftermination, which
arises when the other party breaches a duty that arises
under the contract. -Also termed right ofrescission.
[Cases: Contracts (:::::>258.]
right to terminate. See RIGHT OF TERMINATION.
right to travel. (1838) A person's constitutional right
guaranteed by the Privileges and Immunities Clause
to travel freely between states.
right to vote. See SUFFRAGE (1).
right-to-work law. (1958) A state law that prevents labor
management agreements requiring a person to join a
union as a condition of employment. See open shop
under SHOP. [Cases: Labor and Employment (::~~964,
1264.]
right-wrong test. See MCNAGHTEN RULES.
rigid constitution. See CONSTITUTION.
rigor juris (rig-;:lr joor-is). [Latin] Strictness of law. Cf.
GRATIA CURIAE.
rigor mortis (rig-;:lr mor-tis). The temporary stiffening of
a body's joints and muscles after death . The onset of
rigor mortis can vary from 15 minutes to several hours
after death, depending on the body's condition and on
atmospheric factors.
ringing out. See RINGING UP.
ringing the cbanges. Fraud conSisting in the offender's
using a large bill to pay for a small purchase, waiting
for the shopkeeper to put change on the counter, and
then, by a series of maneuvers involving changes of
mind -such as asking for some other article oflittle
value or for smaller change for some of the money on
the counter creating a confused situation in which
the offender picks up more the money than due. [Cases:
Larceny (:::::> 14(1).]
ringing up. A method by which commodities dealers
cooperate to discharge contracts for future delivery
in advance by using offsets, cancellations, and price riparian proprietor
adjustments, thus saving the cost ofactual delivery and
change ofpossession. Also termed ringing out.
riot, n. (14c) 1. An assemblage ofthree or more persons
in a public place taking concerted action in a turbulent
and disorderly manner for a common purpose (regard
less of the lawfulness of that purpose). 2. An unlawful
disturbance of the peace by an assemblage ofusu. three
or more persons acting with a common purpose in a
violent or tumultuous manner that threatens or terror
izes the public or an institution. Cf. unlawful assembly
under ASSEMBLY; CIVIL COMMOTION; ROUT; AFFRAY.
[Cases: Riot (;=:> 1.J riotous, adj. riot, vb.
"A riot is defined as an unlawful assembly (i.e. an assembly
come together in pursuance of an unlawful purpose), con
sisting of at least three persons, which has begun to create
a breach of the peace. At Common Law it is an indictable
misdemeanour, punishable by a fine and imprisonment.
But the statutory form of it, introduced by the Riot Act of
1714, is better known. By that statute, passed to deal with
Jacobite disturbances, it was provided that the members of
a riotous assembly of twelve or more persons which does
not disperse within an hour after the reading by a magis
trate of the proclamation contained in the Act, become
guilty of felony, which, at the time of the passing of the Act,
was a capital offence, and is, even now, punishable with
imprisonment for life." Edward Jenks, The Book of English
Law 136 (P. B. Fairest ed., 6th ed. 1967).
"A riot is a tumultuous disturbance of the peace by three
or more persons acting together (a) in the commission
of a crime by open force, or (b) in the execution of some
enterprise, lawful or unlawful, in such aviolent, turbulent
and unauthorized manner as to create likelihood of public
terror and alarm .... When they come together for this
purpose they are gUilty of unlawful assembly. When they
start on their way to carry out their common design they
are guilty of rout. In the actual execution of their design
they are gUilty of riot." Rollin M. Perkins &Ronald N. Boyce,
Criminal Law483 (3d ed. 1982).
Riot Act. A 1714 English statute that made it a capital
offense for ] 2 or more rioters to remain together for an
hour after a magistrate has officially proclaimed that
rioters must disperse . This statute was not generally
accepted in the United States and did not become a part
of American common law. It did, however, become a
permanent part ofthe English language in the slang
phrase reading the riot act (meaning "to reprimand
vigorously"), which originally referred to the official
command for rioters to disperse.
riotous assembly. See ASSEMBLY.
ripae muniendae causa (rl-pee myoo-nee-en-dee
kaw-z<l). [Latin] Hist. For the purpose of strengthen
ing a riverbank.
riparian (ri-pair-ee-;:ln or fI-), adj. (1841) Of, relating to,
or located on the bank ofa river or stream (or occasion
ally another body of water, such as a lake) <riparian
land> <a riparian owner>. Cf. LITTORAL. [Cases: Navi
gable Waters (;=:>39-46; Waters and Water Courses
34-49,109.]
riparian land. See LAND.
riparian proprietor. (1808) A person who is in posses
sion ofriparian land or who owns an estate in it; a land
owner whose property borders on a stream or river. See

1442 riparian right
riparian land under LAND. [Cases: Navigable Waters
(;:::;39(1); Waters and Water Courses (;:::;39.]
riparian right. (often pl.) (1860) The right ofa landowner
whose property borders on a body of water or water
course. Such a landowner traditionally has the right
to make reasonable use of the water. Also termed
water right. [Cases: Navigable Waters C::;)39-46; Waters
and Water Courses (;:::;34-47.]
riparian-rights doctrine. (1921) The rule that owners
of land bordering on a waterway have equal rights to
use the water passing through or by their property. Cf.
PRIOR-APPROPRIATION DOCTRINE. [Cases: Navigable
Waters Waters and Water Courses (;:::>40.]
ripeness, n. 1. The state ofa dispute that has reached, but
has not passed. the point when the facts have developed
sufficiently to permit an intelligent and useful decision
to be made. 2. The requirement that this state must exist
before a court will decide a controversy. See JUSTICIA
BILITY. Cf. MOOTNESS DOCTRINE; PREMATURITY (1).
[Cases: Action Federal Courts -ripe,
adj. ripen, vb.
ripper act. Slang. A statute that gives a government's
chief executive broad powers to appoint and remove
department heads or other subordinate officials.
rise, vb. 1. (Of a court) to adjourn finally at the end of
a term. 2. (Of spectators and participants in a court
room) to stand when the judge enters or exits. 3. (Ofa
court) to take a recess or temporary break, as at the end
ofa day. 4. Parliamentary law. (Of a special committee
that has exhausted its business) to dissolve and send a
report to the referring body. A committee's rising is
equivalent to a deliberative assembly's adjourning sine
die. -Also termed rise and report. Cf. adjourn sine die
under ADJOURN (2).
rising vote. See VOTE (4).
rising vote ofthanks. See rising vote under VOTE (4).
risk, n. (17c) 1. The uncertainty ofa result, happening, or
loss; the chance ofinjury, damage, or loss; esp., the exis
tence and extent ofthe possibility of harm <many feel
that skydiving is not worth the risk>. See ASSUMPTION
OF THE RISK. 2. Liability for injury, damage, or loss
if it occurs <the consumer-protection statute placed
the risk on the manufacturer instead of the buyer>. 3.
Insurance. The chance or degree ofprobability ofloss to
the subject matter of an insurance policy <the insurer
undertook the risk in exchange for a premium>. Cf.
PERIL [Cases: Insurance (;:::; 1542.] 4 . .Insurance.
The amount that an insurer stands to lose <the under
writer took steps to reduce its total risk>. 5 . .Insurance.
A person or thing that an insurer considers a hazard;
someone or something that might be covered by an
insurance policy <she's a poor risk for health insur
ance>. [Cases: Insurance (>~ 1542(3).] 6. Insurance.
The type of loss covered by a policy; a hazard from a
specified source <this homeowner's policy covers fire
risks and flood risks>. [Cases: Insurance (;:::;2097.]
risk, vb. absorbable risk. A potential loss that a corporation
believes that it can cover either with available capital
or with self-insurance.
assigned risk. One who is a poor risk for insurance
but whom an insurance company is forced to insure
because ofstate law . For example, an accident-prone
driver is an aSSigned risk in a state with a compulsory
motor-vehicle-insurance statute. [Cases: Insurance
(;:::; 1528.]
classified risk. In life-and health-insurance policies,
the risk created by a policyholder's substandard health
or other periL
noninsurable risk. A risk for which insurance will not
be written because the risk is too uncertain to be the
subject ofactuarial analysis.
pure risk. A risk that can only result in a loss . Insur
ance protects only against pure risks. Cf. speculative
risk.
shifting risk. The changing risk covered under an
insurance policy insuring a stock ofgoods or similar
property that varies in amount and composition in
the course oftrade. [Cases: Insurance (;:::;2138(1).]
speculative risk. A risk that can result in either a loss
or a gain. Cf. pure risk.
risk arbitrage. See ARBITRAGE.
risk assessment. Family law. A process for ascertaining
the likelihood that a person, usu. a parent, will harm
a child . Before a child can be removed from his or
her family by agovernmental entity, a risk assessment
should be performed to determine the likelihood of
the child's being harmed in the future. [Cases: Infants
risk-averse, adj. (Of a person) uncomfortable with vol
atility or uncertainty; not willing to take risks; very
cautious <a risk-averse investor>.
risk-benefit test. See RISK-UTILITY TEST.
risk capital. See CAPITAL.
risk-capital test. Securities. A test of whether a trans
action constitutes the sale of a security (and is thus
subject to securities laws) based on whether the seller is
soliciting risk capital with which to develop a business
venture. Cf. CAPITAL-RISK TEST. [Cases: Securities Reg
ulation 248, 249.]
risk distribution. The method by which a legal system
allocates the risk of harm between the person who
suffers it and the loss.
risk factor. Insurance. In life-insurance ratemaking,
the estimated cost of present and future claims, based
on a mortality table. The risk factor is one element
that a life insurer uses to calculate premium rates. See
PREMIUM RATE. Cf. INTEREST FACTOR; MORTALITY
FACTOR. [Cases: Insurance
risk management. The procedures or systems used to
minimize accidental losses, esp. to a business.
Risk Management Agency. An agency in the U.S. Depart
ment ofAgriculture responsible for administering the

1443 Rochin rule
programs of the Federal Crop Insurance Corpora
tion and for overseeing other programs relating to the
risk management ofcrops and commodities. Abbr.
RMA.
risk ofjurydoubt. See BURDEN OF PERSVASION.
riskofloss. (i8c) I. The danger or possibility ofdamage
to, destruction of, or misplacement of goods or other
property <commercial transportation always carries
some risk of loss>. 2. Responsibility for bearing the
costs and expenses of such damage, destruction, or
misplacement <the contract specifies who assumes
the risk ofloss>.
risk ofnonpersuasion. See BURDEN OF PERSUASION.
risk-stops-here rule. See DOCTRINE OF SUPERIOR
EQUITIES.
risk-utility test. (1982) A method ofimposing product
liability on a manufacturer ifthe evidence shows that a
reasonable person would conclude that the benefits ofa
product


posing product
liability on a manufacturer ifthe evidence shows that a
reasonable person would conclude that the benefits ofa
product's particular design versus the feasibility of an
alternative safer design did not outweigh the dangers
inherent in the original design. Also termed danger
utility test; risk-benefit test. Cf. CONSUMER-CONTEM
PLATION TEST. [Cases: Products Liability (;.::::> 129.]
RIT. abbr. Rochester Institute of Technology. See
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
river. A natural, flowing body ofwater that empties into
another bodv ofwater, such as a lake, sea, or channel.
[Cases: Xav'igable Waters 1; Waters and Water
Courses (;.::::>38.]
international river. A river that flows through or
between two or more countries.
national river. A river wholly contained within a Single
country. That country has exclusive territorial rights
over the river. [Cases: Navigable Waters (;.::::>2.]
private river. A river to which a riparian owner may
claim ownership ofthe riverbed because the river is
unnavigable or navigable only by vessels with shallow
drafts. A navigable private river is not wholly owned
by a private person and cannot be closed to public
use; people may still make ordinary use ofthe river
for transportation and navigation. [Cases: Navigable
Waters (;.::::>4.]
RL/e. See revolving letter ofcredit under LETTER OF
CREDIT.
RMA. abbr. RISK MANAGEMENT AGENCY.
RMS. abbr. REPRESSED-MEMORY SYNDROME.
roadstead. Maritime law. A convenient or safe place
where vessels usu. anchor. [Cases: Collision (;.::::>69.]
robbery, n. (12c) The illegal taking of property from
the person ofanother, or in the person's presence, by
violence or intimidation; aggravated larceny . Robbery
is usu. a felony, but some jurisdictions classify some
robberies as high misdemeanors. Also termed
(in Latin) crimen roberiae. See LARCENY; THEFT. Cf.
BURGLARY. [Cases: Robbery(;'::::> 1.] -rob, vb. "Robbery is larceny from the person by violence or intimida
tion. It is a felony both at common law and under modern
statutes. Under some of the new penal codes robbery
does not require an actual taking of property. If force or
intimidation is used in the attempt to commit theft this is
sufficient." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 343 (3d ed. 1982),
aggravated robbery. (1878) Robbery committed by
a person who either carries a dangerous weapon
often called armed robbery or inflicts bodily harm
on someone during the robbery. Some statutes also
specify that a robbery is aggravated when the victim
is a member ofa protected class, such as children or
the elderly. [Cases: Robbery 11.]
armed robbery. (1926) Robbery committed by a person
carrying a dangerous weapon, regardless ofwhether
the weapon is revealed or used. Most states punish
armed robbery as an aggravated form of robbery
rather than as a separate crime. [Cases: Robbery (;.::::>
11.]
conjoint robbery (k~n-;oynt). A robbery committed by
two or more persons. [Cases: Robbery (;.::::> 15.1
highway robbery. 1. Robbery committed against a
traveler on ornear a public highway. [Cases: Robbery
(;.::::> 1.] 2. Figuratively, a price or fee that is unreason
ably high; excessive profit or advantage.
simple robbery. (18c) Robbery that does not involve an
aggravating factor or circumstance. [Cases: Robbery
(;.::::> 1.]
robe. (I8c) 1. The gown worn by a judge while presiding
over court. In the U.S., judges generally wear plain
black gowns. In the u.K., judicial robes vary in color
and adornment, depending on the judge's rank, the
season, and the court, and are traditionally worn with
white horsehair wigs. Also termed judicial robe. 2.
(often cap.) The legal or judicial profession <eminent
members ofthe robe>.
Robert's Rules. 1. A parliamentary manual titled Robert's
Rules ofOrder, originally written in 1875-76 by Henry
M. Robert (1837-1923) . The manual went through
three editions under its original title and three more
(beginning in 1915) under the title Robert's Rules of
Order Revised. Since 1970 it has been titled Robert's
Rules ofOrder Newly Revised. It is the best selling and
most commonly adopted parliamentary manual in
the United States. 2. Any parliamentary manual that
includes "Robert's Rules" in its title . 1he copyright
on the first several editions has expired, and many imi
tators have adapted those editions in varying degrees
offaithfulness to the original. 3. (Sing.) RULE (3). See
PARLIAMENTARY MANUAL.
Robinson-Patman Act. A federal statute (specif., an
amendment to the Clayton Act) prohibiting price
discrimination that hinders competition or tends to
create a monopoly. 15 USCA  13. See ANTITRUST LAW;
CLAYTON ACT. [Cases: Antitrust and Trade Regulation
(;.::::>452.]
Rochin rule. The now-rejected principle that uncon
stitutionally obtained evidence is admissible against

rocket docket 1444
the accused unless the evidence was obtained in a
manner that shocks the conscience (such as pumping
the stomach of a suspect to obtain illegal drugs that
the suspect has swallowed, as occurred in the Rochin
v. California case). -The Supreme Court handed down
Rochin before the Fourth Amendment exclUSionary rule
applied to the states. Rochin v. California, 342 U.S. 165,
72 S.Ct. 205 (1952). [Cases: Criminal Law (;::::>394.]
rocket docket. (1987) 1. An accelerated dispute-resolu
tion process. 2. A court or judicial district known for
its speedy disposition ofcases. 3. A similar administra
tive process, in which disputes must be decided within
a specified time (such as 60 days).
ROD. abbr. See RECORD OF DECISION.
rogatio testium. The production of a witness who can
testify to the making of a nuncupative will. -The
witness must confirm that the testator declared or
expressed that the words spoken were a will. See nun
cupative will under WILL. [Cases: Wills (;::::> 142.]
rogatory letter (rog-~-tor-ee). See LETTER OF REQUEST.
rogue court. See COURT.
rogue jury. See JURY.
roll, n. (14c) 1. A record of a court's or public office's
proceedings. [Cases: Judgment (;::::>277; Records
6, 32.] 2. An official list of the persons and property
subject to taxation. -Also termed (in sense 2) tax roll;
tax list; assessment roll. Cf. TAXPAYERS' LISTS. [Cases:
Taxation (;::::>2576.]3. Parliamentary law. The roster of
those entitled to vote. Also termed roll ofdelegates;
roll ofmembers.
roll call. See CALL (1).
roll-call vote. See VOTE (4).
rolled-up plea. See PLEA b).
rolling stock. Movable property, such as locomotives
and rail cars, owned by a railroad.
roll ofdelegates. See ROLL (3).
roll ofmembers. See ROLL (3).
rollover, n. 1. The extension or renewal of a short-term
loan; the refinancing ofa maturing loan or note. 2. The
transfer of funds (such as IRA funds) to a new invest
ment of the same type, esp. so as to defer payment of
taxes. [Cases: Internal Revenue (;::::>3587, 3594.] roll
over, vb.
rollover mortgage. See renegotiable-rate mortgage under
MORTGAGE.
Roman-Dutch law. A system oflaw in Holland from the
mid-15th century to the early 19th century, based on a
mixture ofGermanic customary law and Roman law as
interpreted in medieval and Renaissance lawbooks_
This law forms the basis of modern South African law,
the law of several other countries in southern Africa,
and the law of Sri Lanka.
"The phrase 'RomanDutch Law' was invented by Simon
van Leeuwen. who employed it as the sub-title of his work
entitled Paratitla Juris Novissimi, published at Leyden in
1652. Subsequently his larger and better known treatise on the 'Roman-Dutch Law' was issued under that name
in the year 1664.
''The system of law thus described is that which obtained
in the province of Holland from the middle ofthe fifteenth
to the early years of the nineteenth century. Its main prin
ciples were carried by the Dutch into their settlements in
the East and West Indies; and when some of these, namely.
the Cape of Good Hope, Ceylon, and part of Guiana, at the
end ofthe eighteenth and the beginning of the nineteenth
century, passed under the dominion of the Crown ofGreat
Britain, the old law was retained as the common law of
the territories which now became British colonies. With
the expansion of the British Empire in South Africa, the
sphere ofthe Roman-Dutch Law has extended its boundar
ies, until the whole of the area comprised within the Union
of South Africa ... has adopted this system as its common
law. This is the more remarkable since in Holland itself and
in the Dutch colonies of the present day the old law has
been replaced by codes ...." RW. Lee, An Introduction to
Roman-Dutch Law 2 (4th ed. 1946).
Romanesque law. See CIVIL LAW (1).
Romanist, n. One who is versed in or practices Roman
law; a Roman-law specialist.
Roman law. (l6c) The legal system ofthe ancient Romans,
forming the basis of the modern civil law; CIVIL LAW
(1).
'The Roman law is the body of rules that governed the
social relations of many peoples in Europe, Asia. and Africa
for some period between the earliest prehistoric times and
1453 A.D. This date should perhaps be extended to 1900
A.D., or even to the present time. and we might include
America in the territory concerned.... Yet the essential
fact is that no present-day community ... consciously
applies as binding upon its citizens the rules of Roman law
in their unmodified form. That law is an historical fact. It
would have only a tepid historical interest ... if it were not
for the circumstance that. before it became a purely histori
cal fact, it was worked into the foundation and framework
of what is called the civil law ...." Max Radin, Handbook
ofRoman Law 1 (1927).
"Roman law is not only the best-known, the most highly
developed, and the most influential of all legal systems
of the past; apart from English law, it is also the only one
whose entire and unbroken history can be traced from
early and primitive beginnings to a stage of elaborate
perfection in the hands of skilled specialists." Hans julius
Wolff, Roman Law: An Historical Introduction 5 (1951).
Rome Act. Copyright. A 1928 revision of the Berne
Convention adding the moral rights of attribution
and integrity to the minimum standards of protec
tion that member nations must recognize, creating a
compulsory license ofrecorded performances tor radio
broadcasting, and specifying that the term of protec
tion for joint works must be measured from the death
of the last surviving coauthor. Also termed Rome
Act of1928; 1928 Rome Act.
Rome Convention. See ROME CONVENTION ON RELATED
RIGHTS.
Rome Convention on Related Rights. Copyright. A 1961
treaty setting minimum standards for neighboring
rights of performers, producers, and broadcasters.
The United States is not a signatory. Neighboring rights
were not protected under the Paris Convention or the
Berne Convention. They are part ofthe copyright pro
tection under the Agreement on Trade-Related Aspects

1445
ofIntellectual Property (TRIPs). -Also termed Con
vention for the Protection ofPerformers, Producers of
Phonograms and Broadcasting Organizations. Often
shortened to Rome Convention. See NEIGHBORING
RIGHT.
Rooker-Feldman doctrine. The rule that a federal court
cannot consider claims actually decided by a state court
or claims inextricably intertwined with an earlier
state-court judgment. Rooker v. Fidelity Trust Co., 263
U.S. 413,415-16,44 S.Ct. 149,150 (1923); District of
Columbia Ct. ofApp. v. Feldman, 460 U.S. 462, 476,
103 S.Ct. 1303, 1311 (1983). This doctrine precludes "a
party losing in state court ... from seeking what in sub
stance would be appellate review of [a] state judgment
in a United States district court, based on the losing
party's claim that the state judgment itself violates
the loser's federal rights." Johnson v. De Grandy, 512
U.S. 997,1005-06,114 S.Ct. 2647, 2654 (1994). [Cases:
Courts (:::::>509.]
root. Civil law. A descendant.
root of title. (1846) The recorded land transaction, usu.
at least 40 years old, that is used to begin a title search.
See CHAIN OF TITLE; TITLE SEARCH.
ROR. abbr. RE


to begin a title search.
See CHAIN OF TITLE; TITLE SEARCH.
ROR. abbr. RELEASE ON RECOGNIZANCE.
Roth IRA. See INDIVIDUAL RETIREMENT ACCOUNT.
round lot. See LOT (3).
round-up. See dragnet arrest under ARREST.
roup. Scots law. A sale by auction (usu. public).
rout (rowt), n. (I5c) 'The offense that occurs when an
unlawful assembly makes some move toward the
accomplishment ofits participants' common purpose.
Cf. RIOT. [Cases: Riot (:::::> 1.]
'The word 'rout' comes from the same source as the word
'route.' It signifies that three or more who have gathered
together in unlawful assembly are 'on their way.' It is
not necessary for guilt of this offense that the design be
actually carried out, nor that the journey be made in a
tumultuous manner." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 483 (3d ed. 1982).
routine-activities theory. (1985) The theory that
criminal acts occur when (1) a person is motivated to
commit the offense, (2) a vulnerable victim is avail
able, and (3) there is insufficient protection to prevent
the crime. Cf. CONTROL THEORY; RATIONAL-CHOICE
THEORY; STRAIN THEORY.
Royal Marriages Act. A 1772 statute (12 Geo. 3, ch. 1)
forbidding members ofthe royal family from marrying
without the sovereign's permission, except on certain
conditions.
"Royal Marriages Act .... An Act occasioned by George
Ill's fear of the effect on the dignity and honour of the royal
family of members thereof contracting unsuitable mar
riages, two of his brothers having done so .... It provided
that marriages of descendants of George II, other than the
issue of princesses who marry into foreign families, should
not be valid unless they had the consent of the King in
CounCil, or, ifthe parties were aged over 25, they had given
12 months' notice to the Privy Council. unless during that
time both Houses of Parliament expressly declare disap royalty
proval of the proposed marriage." David M. Walker, The
Oxford Companion to Law 1091 (1980).
royalty. (1839) 1. Intellectual property. A payment in
addition to or in place ofan up-front payment -made
to an author or inventor for each copy of a work or
article sold under a copyright or patent.  Royalties
are often paid per item made, used, or sold, or per time
elapsed. [Cases: Copyrights and Intellectual Property
C-:::>48; Patents <:::J217.1.]
established royalty. A royalty set at an agreed-on price.
 In the absence ofan established royalty, a court will
determine a remedy for infringement based on what
a reasonable royalty would have been.
reasonable royalty. A royalty that a licensee would be
willing to pay the holder of the thing's intellectual
property rights while still making a reasonable profit
from its use . The reasonable-royalty standard often
serves as the measure ofdamages in a claim ofpatent,
copyright, or trademark infringement, or for misap
propriation oftrade secrets. In deciding what royalty
is reasonable in a trade-secrets suit, courts consider
the unique circumstances of the case, as well as (1)
how the use affected the parties' ability to compete;
(2) the cost ofpast licenses; (3) the cost to develop the
secret and its present value; (4) how the defendant
intends to use the information; and (5) the availability
ofalternatives. [Cases: Patents G-'J319(l).]
2. Oil & gas. A share ofthe product or profit from real
property, reserved by the grantor of a mineral lease,
in exchange for the lessee's right to mine or drill on
the land. -Also termed (in sense 2) override. [Cases:
Mines and Minerals (;:=:;,70,79.]
haulage royalty. A royalty paid to a landowner for
moving coal via a subterranean passageway under the
landowner's land from a mine located on an adjacent
property. The payment is calculated at a certain
amount per ton of coal.
landowner's royalty. A share of production or revenues
prOVided for the lessor in the royalty clause ofthe oil
and-gas lease and paid at the well free of any costs
of production. Traditionally, except in California,
the landowner's royalty has been 1/8 ofgross produc
tion for oil and 1/8 ofthe proceeds received from the
sale of gas. But today the size is often negotiated.
Also termed leaseholder royalty. [Cases: Mines and
Minerals (:::::>79.1(1).]
mineral royalty. A right to a share of income from
mineral production. [Cases: Mines and Minerals
(:::::>70, 79.]
nonparticipating royalty. A share ofproduction or
ofthe revenue from production free its costs carved
out ofthe mineral interest.  A nonparticipating-roy
alty holder is entitled to the stated share ofproduction
or cash without regard to the terms ofany lease. Non
participating royalties are often retained by mineral
interest owners who sell their rights. [Cases: Mines
and Minerals (:::::>79.1(1).]

royalty interest 1446
overriding royalty. A share of either production or
revenue from production (free of the costs of pro
duction) carved out ofa lessee's interest under an oil
and-gas lease . Overriding-royalty interests are often
used to compensate those who have helped structure a
drilling venture. An overriding-royalty interest ends
when the underlying lease terminates. [Cases: Mines
and Minerals C=>74.J
shut-in royalty. A payment made by an oil-and-gas
lessee to the lessor to keep the lease in force when a
well capable ofproducing is not utilized because there
is no market for the oil or gas. Generally, without
such a payment, the lease will terminate at the end of
the primary term unless actual production has begun.
[Cases: Mines and Minerals C=>78.l(3).]
royalty interest. Oil & gas. A share of production -or
the value or proceeds of production, free of the costs
of production -when and if there is production . A
royalty interest is usu. expressed as a fraction (such as
1/6). A royalty-interest owner has no right to operate
the property and therefore no right to lease the property
or to share in bonuses or delay rentals. In some states
a royalty owner has the right of ingress and egress to
take the royalty production. Authorities are split over
what costs are costs of production. Several different
but related kinds of royalty interests are commonly
encountered. See ROYALTY (2).
rptr. abbr. REPORTER.
RRB. abbr. RAILROAD RETIREMENT BOARD.
R.S. See revised statutes under STATUTE.
RSPA. abbr. RESEARCH AND SPECIAL PROGRAMS ADMIN
ISTRATION.
RTC. abbr. RESOLUTION TRUST CORPORATION.
rubber check. See bad check under CHECK.
rubber-stamp seal. See NOTARY SEAL.
rubric (roo-brik). 1. The title of a statute or code <the
rubric of the relevant statute is the Civil Rights Act
of 1964>.2. A category or designation <assignment
of rights falls under the rubric of contract law>. 3.
An authoritative rule, esp. for conducting a public
worship service <the rubric dictates whether the con
gregation should stand or kneel>. 4. An introductory
or explanatory note; a preface <a well-known scholar
wrote the rubric to the book's fourth edition>. 5. An
established rule, custom, or law <what is the rubric in
the Northern District of Texas regarding appearance
at docket call?>.
rule, n. (13c) 1. Generally, an established and authorita
tive standard or principle; a general norm mandating or
guiding conduct or action in a given type ofsituation.
default rule. A legal principle that fills a gap in a
contract in the absence ofan applicable express pro
vision but remains subject to a contrary agreement.
Cf. GAP-FILLER. [Cases: Contracts C=> 168.]
general rule. A rule applicable to a class of cases or
circumstances. mandatory rule. A legal rule that is not subject to a
contrary agreement. For example, the UCC obli
gation of good faith and fair dealing cannot be dis
claimed.
peremptory rule. A court order that must be obeyed
without an opportunity to respond . No objections
may be lodged or arguments made.
special rule. See SPECIAL RULE (1).
2. A regulation governing a court's or an agency's
internal procedures. [Cases: Administrative Law and
Procedure C=>381; Courts C=>85; Federal Civil Pro
cedure C=>21.] 3. Parliamentary law. A procedural
rule (sense 1) for the orderly conduct of business in
a deliberative assembly. -Also termed rule oforder
(often pl.).
Cordon rule. See CORDON RULE.
joint rule. A rule adopted by both houses of a bicam
erallegislature for the conduct of business or rela
tions between them, such as when they meet in joint
session, or for other matters in which they share an
interest. See joint session under SESSION (1). [Cases:
States C=>35.]
ordinary standing rule. See standing rule (1).
Ramseyer rule. See RAMSEYER RULE.
special rule. 1. See SPECIAL RULE (2). 2. See SPECIAL
RULE (3).
standing rule. 1. A rule that relates to an organization's
administration or operation rather than to its proce
dure in meetings. For example, a rule about the time
and place of regular meetings, or about a commit
tee's jurisdiction, is a standing rule. -Also termed
ordinary standing rule. 2. A special rule of continu
ing force . Many conventions and other delibera
tive assemblies collect both their administrative and
procedural rules into a set titled "standing rules." See
special rule (1).
rule, vb. (13c) 1. To command or require; to exert control
<the dictator ruled the country>. 2. To decide a legal
point <the court ruled on the issue ofadmissibility>.
rule, the. An evidentiary and procedural rule by which
all witnesses are excluded from the courtroom while
another witness is testifying <invoking "the rule"> .
The phrase "the rule" is used chiefly in the American
South and Southwest, but it is a common practice to
exclude witnesses before they testify. [Cases: Criminal
Law C=>665; Federal Civil Procedure C=>2012; Trial
C=>41.]
rule against vitiation ofa claim element. See ALL-ELE
MENTS RULE.
Rule in Queen Caroline's Case. The common-law princi
ple that a witness who is impeached with a prior incon
sistent statement on cross-examination must be given
the opportunity to admit, explain, repudiate, or deny
it before the statement is admissible into evidence . In
American law, Federal Rule ofEvidence 613 embodies
this principle, with some variations. The original rule

1447
is found in Queen Caroline's Case, (1820) 129 Eng. Rep.
976. [Cases: Witnesses C=>388(2.1).]
Rule 1.53 application. See continued-prosecution appli
cation under PATENT APPLICATION.
Rule lOb-5. The SEC rule that prohibits deceptive or
manipulative practices (such as material misrepresen
tations or omissions) in the buying or selling ofsecuri
ties. Also termed antifraud rule. [Cases: Securities
Regulation C=>60.1O-60.70.]
Rule 11. Civil procedure. 1. In federal practice, the proce
dural rule requiring the attorney ofrecord or the party
(if not represented by an attorney) to sign all pleadings,
motions, and other papers filed with the court and
by this signing -to represent that the paper is filed in
good faith after an inquiry that is reasonable under the
circumstances . This rule provides for the imposition
ofsanctions, upon a party's or the court's own motion,
ifan attorney or party violates the conditions stated in
the rule. Fed. R. Civ. P. 11. [Cases: Compromise and
Settlement Federal Civil Procedure C=>27S0
2831; Judgment 2. In Texas practice, the pro
cedural rule requiring agreements between attorneys
or parties concerning a pending suit to be in writing,
signed, and filed in the court's record or made on the
record in open court. Tex. R. Civ. P. 11. [Cases: Com
promise and Settlement
Rule 109 statement. Patents. A statement by a patent
examiner ofthe reasons for allowing a patent claim.
 An examiner may file a Rule 109 statement at any
time if it appears that the record does not adequately
reflect the reasons for allowance. It should state how
the claim differs from prior art and why that difference
is nonobvious. PTO Reg.  1.109; 37 CFR  1.104(e).
Also termed Reasonsfor Allowance. [Cases: Patents C=>
104.J
Rule 116 amendment. See amendment after final action
under PATENT-APPLICATION AMENDMENT.
Rule 312 amendment. See amendment after allowa/1ce
under PATENT-APPLICATION AMENDMENT.
rule absolute. See decree absolute under DECREE.
rule against accumulations. See ACCUMULATIONS, RULE
AGAINST.
rule against inalienability. The principle that property
must not be made nontransferable. - Also termed rule
against trusts ofperpetual duration. Cf. RULE AGAINST
PERPETUITIES. [Cases: Property C=> 11.]
rule against perpetuities. (sometimes cap.) (lSc)
Property. The common-law rule prohibiting a grant
of an estate unless the interest must vest,


sometimes cap.) (lSc)
Property. The common-law rule prohibiting a grant
of an estate unless the interest must vest, if at all, no
later than 21 years (plus a period ofgestation to cover
a posthumous birth) after the death of some person
alive when the interest was created . The purpose of
the rule was to limit the time that title to property could
be suspended out of commerce because there was no
owner who had title to the property and who could sell
it or exercise other aspects of ownership. Ifthe terms
of the contract or gift exceeded the time limits of the Rule in Wild's Case
rule, the gift or transaction was void. See MEASURING
LIFE. Cf. ACCUMULATIONS, RULE AGAINST. [Cases: Per
petuities
"The true form of the Rule against Perpetuities is believed
to be this: -... NO INTEREST SUBJECT TO A CONDITION PRECEDENT IS GOOD,
UNLESS THE CONOITION MUST BE FULFILLED, IF AT ALL, WITHIN TWENTY-ONE
YEARS AFTER 50..E liFE IN BEING AT THE CREATION OF THE INTEREST." John
Chipman Gray, The Rule Against Perpetuities 144 (1886).
"Another scholar who spent a substantial part of an
academic lifetime attempting to bring order and add
sense to the rule [against perpetuities], W. Barton leach,
described the rule as a 'technicality-ridden legal night
mare' and a 'dangerous instrumentality in the hands of
most members of the bar.'" Thomas F. Bergin & Paul G.
Haskell, Preface to Estates in Land and Future Interests 178
(2d ed. 1984) (quoting leach, Perpetuities Legislation, Mas
sachusetts Style, 67 Harv. l. Rev. 1349 (1954).
'The Rule Against Perpetuities is a rule against remoteness
of vesting. A contingent future interest is invalid under the
orthodox rule if, at the time of the creation of the interest,
the circumstances are such that the contingency may go
unresolved for too long a time. The Rule is not concerned
with the duration of interests, that is, the length of time
that they endure. It is not a rule against suspension of
the power of alienation, nor a rule against restraints on
alienation. It is not a rule that directly limits the duration of
trusts .... The orthodox rule is satisfied if all contingent
future interests are so created that they must vest, if they
vest at all, within the perpetuities period." Robert J. lynn,
The Modern Rule Against Perpetuities 9 (1966).
"The common law Rule Against Perpetuities (modified by
statute in some states) provides that no interest is valid
unless it must vest within 21 years after lives in being
when the interest was created. The rule is something of a
misnomer. It does not limit the duration of a condition in a
bequest, but rather limits the testator's power to earmark
gifts for remote descendants." Richard A. Posner, Economic
Analysis of Law  18.7, at 394 (2d ed. 1977).
rule against trusts of perpetual duration. See RULE
AGAINST INALIENABILITY.
rule day. See return day (3) under DAY.
rule in Heydon's case. See MISCHIEF RULE.
Rule in Shelley's Case. (1Sc) Property. The rule that
if -in a single grant a freehold estate is given to a
person and a remainder is given to the person's heirs,
the remainder belongs to the named person and not
the heirs, so that the person is held to have a fee simple
absolute. The rule, which dates from the 14th century
but draws its name from the famous 16th-century case,
has been abolished in most states. Wolfe v. Shelley, 76
Eng. Rep. 206 (K.B. 1581). [Cases: Estates in Property
C'='S.J
"[TJhe rule in Shelley's Case, the Don Quixote of the law,
which, like the last knight errant of chivalry, has long
survived every cause that gave it birth and now wanders
aimlessly through the reports, still vigorous, but equally
useless and dangerous." Stamper v. Stamper, 28 S.E. 20,
22 (N.C. 1897).
Rule in Wild's Case. (1842) Property. The rule constru
ing a grant to "A and h5 children" as a fee tail if h8
children do not exist at the effective date ofthe instru
ment, and as a jOint tenancy if Ns children do exist at
the effective date . The rule has been abolished along
with the fee tail in most states.

1448 rulemaking
rulemaking, n. (1926) The process used by an admin
istrative agency to formulate, amend, or repeal a rule
or regulation. -Also termed administrative rulemak
ing. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL
AGENCY ACTION. [Cases: Administrative Law and Pro
cedure C=>3S1-427.] -rulemaking, ad}.
formal rulemaking. (1960) Agency rulemaking that,
when required by statute or the agency's discretion,
must be on the record after an opportunity for an
agency hearing, and must comply with certain pro
cedures, such as allowing the submission ofevidence
and the cross-examination ofwitnesses. Cf. informal
rulemaking. [Cases: Administrative Law and Proce
dure C-=::>3S1-427.]
informal rulemaking. (196S) Agency rulemaking in
which the agency publishes a proposed regulation
and receives public comments on the regulation,
after which the regulation can take effect without
the necessity of a formal hearing on the record.
Informal rulemaking is the most common proce
dure followed by an agency in issuing its substantive
rules. -Also termed notice-and-comment rulemak
ing. See NOTICE-AND-COMMENT PERIOD. Cf. formal
rulemaking. [Cases: Administrative Law and Proce
dure C=>3S1-427.]
rule nisi. See decree nisi under DECREE.
rule of capture. 1. The doctrine that if the donee of a
general power of appointment manifests an intent to
assume control ofthe property for all purposes and not
just for the purpose of appointing it to someone, the
donee captures the property and the property goes to
the donee's estate . One common way for the donee
to show an intent to assume control for all purposes
is to include provisions in his or her will blending the
appointing property with the donee's own property.
2. Property. The principle that wild animals belong to
the person who captures them, regardless of whether
they were originally on another person's land. [Cases:
Animals C=> 1.5(3).] 3. Water law. The principle that a
surface landowner can extract and appropriate all the
groundwater beneath the land by drilling or pumping,
even ifdoing so drains away groundwaters to the point
ofdrying up springs and wells from which other land
owners benefit.  This doctrine has been widely abol
ished or limited by legislation. [Cases: Waters and
Water Courses C=> 101.] 4. Oil & gas. A fundamental
principle of oil-and-gas law holding that there is no
liability for drainage of oil and gas from under the
lands of another so long as there has been no trespass
and all relevant statutes and regulations have been
observed. -Also termed doctrine ofcapture; law of
capture. Cf. AD COELUM DOCTRINE. [Cases: Mines and
Minerals C=>47.]
rule ofcompleteness. See RULE OF OPTIONAL COMPLETE
NESS.
rule ofconstruction. See canon ofconstruction under
CANON (1). rule ofcourt. (17c) A rule governing the practice or pro
cedure in a given court <federal rules of court>. See
LOCAL RULE. [Cases: Courts C=>S5; Federal Civil Pro
cedure C=>21.]
rule of decision. (1Sc) A rule, statute, body of law, or
prior decision that provides the basis for deciding or
adjudicating a case. [Cases: Courts C=>SS.]
rule ofdoubt. 1. Copyright. The doctrine that unreadable
or incomprehensible identifying material deposited
with the U.S. Copyright Office may not be protected
under copyright law because it cannot easily be
examined to determine whether it qualifies . This
rule usu. applies to computer object code . Unlike a
Certificate of Registration, a filing under the rule of
doubt is not prima facie evidence ofa valid copyright.
[Cases: Copyrights and Intellectual Property C=>4.] 2.
Patents. An abandoned judicial doctrine holding that
when there is doubt whether an invention is patentable,
the patent should be issued so that the inventor can test
its validity in court.
rule ofevidence. See EVIDENCE (4).
rule of four. (1949) The convention that for certiorari
to be granted by the U.S. Supreme Court, four justices
must vote in favor ofthe grant. See CERTIORARI. [Cases:
Federal Courts C=>452, 509.]
rule ofinconvenience. (1934) The principle ofstatutory
interpretation holding that a court should not construe
a statute in a way that will jeopardize an important
public interest or produce a serious hardship for
anyone, unless that interpretation is unavoidable.
Often shortened to inconvenience. [Cases: Statutes C=>
ISI(2).]
rule of interpretation. See canon ofconstruction under
CANON (1).
rule of justice. A jurisprudential principle that deter
mines the sphere ofindividual liberty in the pursuit of
individual welfare, so as to confine that liberty within
limits that are consistent with the general welfare of
humankind.
rule oflaw. (1Sc) 1. A substantive legal principle <under
the rule of law known as respondeat superior, the
employer is answerable for all wrongs committed by
an employee in the course ofthe employment>. 2. The
supremacy of regular as opposed to arbitrary power
<citizens must respect the rule oflaw>. - Also termed
supremacy oflaw. 3. The doctrine that every person
is subject to the ordinary law within the jurisdiction
<all persons within the United States are within the
American rule of law>. 4. The doctrine that general
constitutional principles are the result ofjudicial deci
sions determining the rights of private individuals
in the courts <under the rule oflaw, Supreme Court
caselaw makes up the bulk of what we call "constitu
tionallaw">. 5. Loosely, a legal ruling; a ruling on a
point of law <the ratio decidendi of a case is any rule
of law reached by the judge as a necessary step in the
decision>. [Cases: Courts C=>S7.]

1449 rule of the last antecedent
rule oflenity (len-;)-tee). The judicial doctrine holding
that a court, in construing an ambiguous criminal
statute that sets out multiple or inconsistent punish
ments, should resolve the ambiguity in favor of the
more lenient punishment. Also termed lenity rule.
[Cases: Statutes (;::=>241(1).J
rule of marshaling assets. An equitable doctrine that
requires a senior creditor, having two or more funds to
satisfy its debt, to first dispose of the fund not available
to a junior creditor. -It prevents the inequity that would
result if the senior creditor could choose to satisfy its
debt out of the only fund available to the junior creditor
and thereby exclude the junior creditor from any sat
isfaction. -Also termed marshaling doctrine; rule
ofmarshaling securities; rule ofmarshaling remedies.
[Cases: Debtor and Creditor (;::=> 13.]
rule ofmarshaling liens. See INVERSE-ORDER-OF-ALIEN
ATION DOCTRINE.
rule of marshaling remedies. See RULE OF MARSHAL
ING ASSETS.
rule of marshaling securities. See RULE OF MARSHAL
INGASSETS.
rule ofnecessity. A rule requiring a judge or other official
to hear a case, despite bias or conflict ofinterest, when
disqualification would result in the lack ofany compe
tent court or tribunaL -Often shortened to necessity.
[Cases: Judges ~J39.1
rule ofoperation. Patents. A method of using a machine
to produce its intended useful result. - A rule of opera
tion and moving parts generally distinguish a machine
from an article of manufacture.
rule of optional completeness. (1983) The evidentiary
rule providing that when a party introduces part of
a writing or an utterance at trial, the opposing party
may require that the remainder of the passage be read
to establish the full context. -The rule has limitations:
first, no utterance can be received ifit is irrelevant, and
second, the remainder of the utterance must explain
the first part. In many jurisdictions, the rule applies to
conversations, to an opponent's admissions, to confes
sions, and to all other types ofwritings -even account
books. But the Federal Rules of Evidence limit the rule
to writings and recorded statements. Fed. R. Evid. 106.
In most jurisdictions, including federal, the remain
der is admissible unless its admission would be unfair
or misleading. Also termed rule ofcompleteness;
doctrine ofcompleteness; doctrine ofoptional complete
ness; completeness doctrine; optional-completeness rule;
optional-completeness doctrine. [Cases: Criminal Law
C=396(2); Evidence \55,383(12).]
rule of order. See RULE (3).
rule of rank. A doctrine of statutorv construction
holding that a statute dealing with th'ings or persons
of an inferior rank cannot by any general words be
extended to things or persons of a superior rank.
Blackstone gives the example ofa statute dealing with
deans, prebendaries, parsons, vicars, and others having
spiritual promotion. According to Blackstone, this statute is held not to extend to bishops, even though
they have spiritual promotion, because deans are the
highest persons named, and bishops are of a higher
order. Cf. EJUSDEM GENERIS; EXPRESSIO UNIUS EST
EXCLUSIO ALTERIUS; NOSCITUR A SOCIIS.
rule ofreason. Antitrust. The judicial doctrine holding


ALTERIUS; NOSCITUR A SOCIIS.
rule ofreason. Antitrust. The judicial doctrine holding
that a trade practice violates t he Sherman Act only if the
practice is an unreasonable restraint of trade, based on
the totality ofeconomic circumstances. See SHERMAN
ANTITRUST ACT; RESTRAINT OF TRADE. Cf. PER SE RULE.
[Cases: Antitrust and Trade Regulation C=:)535.]
rule of recognition. In the legal theory of H.L.A. Hart,
a legal system's fundamental rule, by which all other
rules are identified and understood . In The Concept of
Law (1961), Hart contends that a society's legal system is
centered on rules. There are primary rules of obligation,
which prescribe how a person should act in SOCiety,
and secondary rules, by which the primary rules are
created, identified, changed, and understood. A "rule of
recognition" is a secondary rule, and serves to instruct
citizens on when a pronouncement or societal principle
constitutes a rule of obligation. Sometimes short
ened to recognition. Cf. RULES OF CHANGE; basic norm
under NORM.
"This rule [the rule of recognition] may amount to no
more than specifying a list of primary rules carved on a
public monument. Or it may actually be a complete set
of rules ...." Martin P. Golding, Philosophy of Law 44
(1975).
rule of right. (18c) lhe source of a right; the rule that
gives rise to a right.
rule ofn. A method for determining how many years it
takes to double money invested at a compound interest
rate. For example, at a compound rate of6%, it takes
12 years (72 divided by 6) for principal to double.
rule of 78. A method for computing the amount of
interest that a borrower saves by paying off a loan early,
when the interest payments are higher at the begin
ning of the loan period . For example, to determine
how much interest is saved by prepaying a 12-month
loan after 6 months, divide the sum of the digits for the
remaining six payments (21) by the sum of the digits
for all twelve payments (78) and multiply that percent
age by the total interest. Also termed rule ofthe sum
ofthe digits.
rule of the floating subtrahend. The common-law
doctrine that a plaintiff whose damage was not caused
entirely by the defendant must prove the amount of
damage that is not attributable to the defendant (the
subtrahend) or else recover nothing. -The reasoning
behind the rule is that damage is an essential element
ofa tort claim, and the plaintiffhas the burden of proof.
If proved, the subtrahend is subtracted from the total
damage to determine the plaintiffs recovery.
rule ofthe last antecedent. (1919) An interpretative prin
ciple by which a court determines that qualifying words
or phrases modify the words or phrases immediately
preceding them and not words or phrases more remote,
unless the extension is necessary from the context or

1450 rule of the shorter term
the spirit ofthe entire writing . For example, an appli
cation of this rule might mean that, in the phrase Texas
courts, New Mexico courts, and New York courts in the
federal system, the words in the federal system might
be held to modify only New York courts and not Texas
courts or New Mexico courts. -Also termed doctrine of
the last antecedent; doctrine of the last preceding ante
cedent. [Cases: Statutes (,'=' 196.]
rule of the shorter term. Copyright. A provision of
the Universal Copyright Convention stating that no
member country is required to extend a longer term of
protection than the work receives in the country where
it is first published. Also termed shorter-term rule.
rule of the sum of the digits. See RULE OF 78.
rule of universal inheritance. See UNIVERSAL-INHER
ITANCE RULE.
rules committee. See COMMITTEE.
rules ofchange. In the legal theory ofH.L.A. Hart, the
fundamental rules by which a legal system's other rules
are altered . In Hart's theory, a legal system's primary
rules are subject to identification and change by sec
ondary rules. Among those rules are "rules ofchange,"
which prescribe how laws are altered or repealed. Cf.
RULE OF RECOGNITION.
rules ofcourt. See COURT RULES.
Rules of Decision Act. A federal statute (28 USCA
 1652) providing that a federal court, when exercising
diversity jurisdiction, must apply the substantive law of
the state in which the court sits. See diversity jurisdic
tion under JURISDICTION. [Cases: Federal Courts
373.]
rules ofevidence. See EVIDENCE (4); FEDERAL RULES OF
EVIDENCE.
rules ofnavigation. Maritime law. The principles and
regulations that govern the steering and sailing of
vessels to avoid collisions . Examples include the
International Rules governing conduct on the high
seas and the Inland Rules governing navigation on
the inland waters ofthe United States and U.S. vessels
on the Canadian waters of the Great Lakes. 33 USCA
 1602-1608,2001-2073. [Cases: Collision
rules oforder. See RULE (3).
rules ofprocedure. See PROCEDURE (2).
rule to show cause.!. See SHOW-CAUSE PROCEEDING. 2.
See show-cause order under ORDER (2).
ruling, n. (16c) 1. The outcome of a court's decision either
on some point oflaw or on the case as a whole. Also
termed legal ruling. Cf. JUDGMENT (1); OPINION (1).
[Cases: Courts C:";)88.]
"A distinction is sometimes made between rules and
rulings. Whether or not a formal distinction is declared,
in common usage 'legal ruling' (or simply 'ruling') is a
term ordinarily used to signify the outcome of applying
a legal test when that outcome is one of relatively narrow
impact. The immediate effect is to decide an issue in a
single case. This meaning contrasts, for example, with the
usual meaning of 'legal rule' (or simply 'rule'). The term
'rule' ordinarily refers to a legal proposition of general application. A 'ruling' may have force as precedent, but
ordinarily it has that force because the conclusion it
expresses (for example, 'objection sustained') explicitly
depends upon and implicitly reiterates a 'rule' a legal
proposition of more general application ...." Robert E.
Keeton, Judging 67-68 (1990).
2. Parliamentary law. The chair's decision on a point
oforder. rule, vb.
ruling case. See LEADING CASE (3).
ruling letter. See DETERMINATION LETTER.
RULPA. abbr. Revised Uniform Limited Partnership
Act. See UNIFORM LIMITED PARTNERSHIP ACT.
run, vb. (bef. 12c) 1. To expire after a prescribed period
<the statute of limitations had run, so the plaintiff's
lawsuit was barred>. 2. To accompany a conveyance
or assignment of (land) <the covenant runs with the
land>. [Cases: Covenants C::'53-84.] 3. To apply <the
injunction runs against only one of the parties in the
dispute>.
runaway. (16c) 1. A person who is fleeing or has escaped
from custody, captivity, restraint, or control; esp., a
minor who has voluntarily left home without permis
sion and with no intent to return. Cg. THROWAWAY.
[Cases: Infants 151.] 2. An animal or thing that is
out ofcontrol or has escaped from confinement. [Cases:
Animals run away, vb.
runaway grand jury. See GRAND JURY.
runner. (I8c) 1. A law-office employee who delivers
papers between offices and files papers in court. 2. One
who solicits personal-injury cases for a lawyer. Also
termed capper. 3. A smuggler. 4. BrE. Slang. An escape;
flight (from something); a voluntary disappearance.
running account. See ACCOUNT.
running description. See METES AND BOUNDS.
running-down clause. Marine insurance. A provision for
the hull insurer's paying a proportion of the damages
sustained the other vessel in a collision. [Cases:
Insurance
running objection. See continuing objection under
OBJECTION.
running policy. See floating policy under INSURANCE
POLICY.
running with the land. Property law. See covenant
running with the land under COVENANT (4).
runoff election. See ELECTION (3).
Rural Business-Cooperative Service. An agency in the
U.S. Department of Agriculture responsible for making
loans and grants to public agencies and private parties
to develop rural businesses. Abbr. RBS. [Cases:
United States
Rural Electrification Administration. A former agency
in the U.S. Department of Agriculture responsible for
making or guaranteeing loans to rural electric and
telephone utilities . Its duties were transferred to
the Rural Utilities Service in 1994. -Abbr. REA. See

1451
RURAL UTILITIES SERVICE. [Cases: United States C=>
53(7).]
Rural Housing Service. An agency in the U.S. Depart
ment ofAgriculture responsible for making or guaran
teeing loans for rural housing. Abbr. RHS. [Cases:
United States C=>53(7).]
rural servitude. See SERVITUDE (2).
Rural Utilities Service. An agency in the U.S. Depart
ment of Agriculture responsible for making or guar
anteeing loans to rural electric and telecommunication
utilities. e The agency is the successor to the Rural
Electrification Administration. Abbr. RUS. [Cases:
United States (:::::>53(7).]
RUS. abbr. RURAL UTILITIES SERVICE.
rustica et urbana (ras-ti-k" et "r-bay-n,,). [Latin) Hist.
Rural and urban. The phrase appeared in reference
to servitudes. See SERVITUS. rusticum jus
rusticum forum (ras-ti-bm for-dm). Any nonjudicial
body (such as an arbitral panel or workers' -compensa
tion review board) that has authority to make a binding
decision. Also termed poor man's court.
rusticum judicium (ras-ti-k"m joo-dish-ee-"m). 1. The
division of liability so that one party (usu. a defen
dant) must pay only part (usu. half) ofanother party's
(usu. the plaintiff's) loss . Rusticum judicium origi
nated in 17th century maritime law as a means ofeffi
ciently resolVing collision cases in which both ships
were at fault. In maritime law, damages were equally
divided. Also termed rusticum jus. Cf. comparative
negligence under NEGLIGENCE. 2. Rare. Rough justice; a
rustic tribunal. e1his is a literal translation ofthe term,
used colloquially rather than accurately. -Sometimes
misspelled rusticum judicum.
rusticum jus (ras-ti-bm j"s). Maritime law. See
RUSTICUM JUDICIUM (1).

s
s. 	abbr. 1. STATUTE. 2. SECTION (1). 3. (usu. cap.)
SE:'-<ATE.
S-1. An SEC form that a company usu. must file before
listing and trading its securities on a national exchange.
 Used primarily by first-time issuers ofsecurities, this
form is the basic, full-length registration statement that
requires a great deal of information about the issuer
and the securities being sold. The SEC has also adopted
modified forms for smaller enterprises, such as Forms
S8-] and S8-2. -Also termed Form 8-l.
Sabbath-breaking. 1he violation of laws or rules on
observing the Sabbath; esp., the violation of a blue
law.
Sabbath law. See BLUE LAW.
sabotage (sab-a-tahzh), n. (1910) 1. The destruction,
damage, or knowingly defective production of mate
rials, premises, or utilities used for national defense
or for war. 18 USCA  2151 et seq. [Cases: War and
National Emergency 2. The willful and mali
cious destruction ofan employer's property or interfer
ence with an employer's normal operations, esp. during
a labor dispute. -sabotage, vb.
saboteur (sab-<'l-tar), n. (1921) A person who commits
sabotage.
sac, n. See soc.
sacer (sas-ar), adj. [Latin "sacred; forfeited to a god"]
Roman law. (Of an outlaw or a wrongdoer) punished
by being placed outside the law's protection. See CON
SECRATIO CAPITIS; OUTLAWRY.
sachbaro. See SAGIBARO.
Sache (zahk-d). [German] A thing; an article or matter.
SeeTHING.
sacramentalis (sak-r<'l-men-tay-leez), n. pI. [Law Latin fr.
Latin sacramentum "an oath- taker"] Hist. A compurga
tor; one who takes an oath swearing to a defendant's
innocence. Pl. sacramentales.
sacramento (sak-ra-men-toh), n. [Latin "by oath"]
Roman law. A legal action in the earliest form ofcivil
procedure in which, at its commencement, each ofthe
contending parties deposited or gave security for a
certain sum (called the sacramentum), which the loser
forfeited to the public. Also termed legis actio sac
ramento. See LEGIS ACTIO.
sacramentum (sak-r<'l-men-t<'lm), n. [Latin "an oath"]
Roman law. 1. SACRAMENTO. 2. An oath of allegiance
given by a soldier upon enlistment.
sacramentum decision is (sak-ra-men-t<'lm di-sizh
ee-oh-nis). (Latin "the oath of decision"] Civil law.
The offer by one party to accept the opposing party's oath as


). (Latin "the oath of decision"] Civil law.
The offer by one party to accept the opposing party's oath as decisive of the issues involved in a lawsuit. PI.
sacramenta decision is.
''The defendant or person accused was ... to make oath
of his own innocence, and to produce a certain number of
compurgators, who swore they believed his oath. Somewhat
Similar also to this is the sacramentum decisianis, or the
voluntary and decisive oath of the civil law; where one of
the parties to the suit, not being able to prove his charge,
offers to refer the decision of the cause to the oath of his
adversary: which the adversary was bound to accept, or
tender the same proposal back again; otherwise the whole
was taken as confessed by him." 3 William Blackstone, Com
mentaries on the Laws offngland 342 (1768).
sacramentum fidelitatis (sak-ra-men-tdm fi-del-d-tay
tis). [Law Latin] Hist. The oath of fidelity, given by a
vassal to a lord.
sacrilege (sak-ra-lij). 1. The act or an instance of des
ecrating or profaning a sacred thing. 2. Hist. Larceny
ofsacred objects, as from a church.
sacrilegium (sak-r<'l-lee-jee-dm), n. (Latin fro sacer
"sacred" + legere "to steal"] Roman law. 1. The theft of
a sacred thing, usu. a capital offense. See CAPITALIS. 2.
Violation ofan imperial law.
"In the later Empire the conception of sacrilegium was
somewhat distorted and those 'who through ignorance
or negligence confound, violate and offend the sanctity
of a divine law' ... were considered gUilty of sacrilegium.
'Divine' is here used in the sense of imperial, issued by
the emperor ... , Thus sacrilegium and sacriJegus became
rather general terms applied to the neglect or violation of
imperial orders or enactments." Adolf Berger, Encyclopedic
Dictionary ofRoman Law 689 (1953).
sacrilegus (sd-kril-<'l-g<'ls), adj. & n. (Latin "sacrilegious"]
Roman law. (A person) guilty of sacrilegium. See SAC
RILEGIUM.
sacristan (sak-ri-st<'ln). [Latin] Hist. A caretaker of a
church; a sexton ofa church.
sacristy (sak-ri-stee). See VESTRY (1).
sadaq. See MAHR.
saemend (see-mand). [Old English] Hist. An arbitrator;
an umpire.
SAET. abbr. SUBSTANCE-ABUSE EVALUATION AND TREAT
MENT.
saevitia (si-vish-ee-a). [Latin fro saevus "cruel"] Hist.
Cruelty in a marriage, as a result ofwhich cohabitation
is dangerous enough to justify a decree of separation.
safe, adj. 1. Not exposed to danger; not causing danger
<driving at a safe limit ofspeed>. 2. Unlikely to be over
turned or proved wrong.
safe-berth clause. Maritime law. A provision in a voyage
or time charterparty obligating the charterer to choose
a berth for loading and unloading the chartered ship
where the ship will be safe from damage . The ship's
master can refuse to enter the berth without breaching

1453 Saint Lawrence Seaway Development Corporation
the charter. But if the master reasonably enters the
berth and the ship is damaged, the charterer is liable.
Cf. SAFE-PORT CLAUSE. [Cases: Shipping~54.]
safe blower. One who uses explosives to open a safe,
esp. for the purpose of stealing the contents. Cf. SAFE
CRACKER.
safe breaker. See SAFE CRACKER.
safe conduct. Int'llaw. 1. A privilege granted by a bel
ligerent allowing an enemy, a neutral, or some other
person to travel within or through a deSignated area
for a specified purpose. 2. A document conveying this
privilege. Sometimes written safe-conduct. -Also
termed safeguard; passport.
"Passports and safeguards, or safe conducts, are letters of
protection, with or without an escort, by which the person
of an enemy is rendered inviolable. These may be given
in order to carryon the peculiar commerce of war, or for
reasons which have no relation to it, which terminate in the
person himself." Theodore D. Woolsey, Introduction to the
Study ofInternational Law  155, at 265 (5th ed. 1878).
"Safe-conduct .... The grantee is inviolable so long as he
complies with the conditions imposed on him or neces
sitated by the Circumstances of the case. Unless stated,
a safe-conduct does not cover goods or luggage. They
may be given also for ships and for goods. To be effective
under international law the grant must have been arranged
between belligerents." David M. Walker, The Oxford Com
panion to Law 1098 (1980).
safe cracker. One who breaks into a safe, esp. for the
purpose of stealing the contents. Also termed safe
breaker. Cf. SAFE BLOWER.
safe-deposit box. (1874) A lockbox stored in a bank's
vault to secure a customer's valuables. _ It usu. takes
two keys (one held by the bank and one held by the
customer) to open the box. Often shortened to
deposit box. Also termed safety-deposit box. [Cases:
Warehousemen C-~38.]
safe-deposit company. See DEPOSITARY (1).
safe harbor. (1960) 1. An area or means ofprotection. 2.
A provision (as in a statute or regulation) that affords
protection from liability or penalty. _ SEC regula
tions, for example, provide a safe harbor for an issuer's
business forecasts that are made in good faith. -Also
termed safe-harbor clause; safe-harbor provision.
[Cases: Securities Regulation ~60.27(5).]
safe-haven law. Family law. A statute that protects a
parent who abandons a baby at a deSignated place such
as a hospital, a physician's office, or a fire station, where
it can receive emergency medical assistance as needed.
-The law typically stipulates that a parent who leaves
a baby at such a place will not be publicly identified or
prosecuted. Such laws have been enacted in many states
in response to a perceived increase in incidents ofchild
abandonment. Also termed Baby Moses law.
safe house. A residence where people live under pro
tection, usu. in anonymity. -Safe houses are operated
tor a range of purposes, both legal and illegal. Shelters
for abused spouses and runaway children are safe
houses. Law-enforcement agencies keep safe houses
for undercover operations and to protect witnesses who have been threatened. Lawbreakers use them to shield
criminal activity such as drug manufacturing.
safekeeping. 1. The act ofprotecting something in one's
custody. 2. Under the Securities Investors Protection
Act, the holding of a security on behalf of the investor
or broker that has paid for it. 15 USCA  78111(2). [Cases:
Securities Regulation (,":::;) 185.13-185.16_]
safe-pledge. See PLEDGE (5).
safe-port clause. Maritime law. A provision in a voyage
or time charterparty obligating the charterer to choose
a port where the ship will be safe from damage. -The
ship's master can refuse to enter the port without
breaching the charter. But if the master reasonably
enters the port and the ship is damaged, the charterer
is liable. Cf. SAPE-BERTH CLAUSE. [Cases: Shipping
39,55.]
safe-storage statute. A law that prohibits persons from
leaving firearms unattended in places where children
may gain access to them. -Also termed child-access
prevention statute. [Cases: Weapons (>4.]
Safety Appliance Act. A federal law regulating the safety
ofequipment used by railroads in interstate commerce.
49 USCA  20301 et seq. [Cases: Labor and Employ
ment <:>2862-2864; Railroads (;::=;'229.]
safety-deposit box. See SAFE-DEPOSIT BOX.
safety engineering. The inspection and study of poten
tially dangerous conditions, usu. in an industrial
environment, so that precautionary measures can be
taken.
safety officer. See OFFICER (1).
safe workplace. A place of employment in which all
dangers that should reasonably be removed have been
removed; a place ofemployment that is reasonably safe
given the nature of the work performed. See occu
PATIONAL SAFETY AND HEALTH ADMINISTRATION.
[Cases: Labor and Employment ~2832; Negligence
c:.>1204(4).]
sagibaro (sag-i}-bar-oh), n. [Old English] Hist. A deter
miner of disputes; a judge. -Also termed sachbaro
(sak-bar-oh).
said, adj. (Be) Aforesaid; above-mentioned. _ The adjec
tive said is obsolescent in legal drafting, its last bastion
being patent claims. But even in that context the word is
giving way to the ordinary word the, which ifproperly
used is equally precise. See AFORESAID.
"The word 'said' is used by many practitioners rather
than 'the' to refer back to previously recited elements,
sometimes to a previously cited anything. This practice
is unobjectionable, although perhaps overly legalistic. If
'saids' or 'thes' are used, one should be consistent in the
usage and not alternate between those words in repetitions
of the same element or among different elements." Robert
C. Faber, Landis on Mechanics of Patent Claim Drafting
 23, at SO (3d ed. 1990).
sailor's will. See soldier's will under WILL.
Saint Lawrence Seaway Development Corporation. A
wholly-owned corporation in the U.S. Department of
Transportation responsible for developing, operating,

1454 sake and sake
and maintaining a part of the St. Lawrence Seaway
from Montreal to Lake Erie. -It charges tolls at rates
negotiated with the St. Lawrence Seaway Authority of
Canada. Abbr. SLSDC.
sake and soke (sayk Jsohk). Hist. A lord's right to hold
court and compel attendance. Also spelled sak and
soc (sak / sok). See soc.
salable (say-Ia-bal or sayl-<l-b<ll), adj. (l6c) Fit for sale
in the usual course of trade at the usual selling price;
MERCHANTABLE. [Cases: Sales (;::::>272.) -salability
(say-Ia-bil-a-tee or sayl-<l-bil-<l-tee), n.
salable value. Seefair market value under VALUE (2).
salarium (s<l-lair-ee-am), n. [Latin "salt money") 1.
Roman law. An allowance, esp. for living expenses,
given to persons in noble professions (such as teachers
or doctors) who were not allowed to sue for fees. 2.
Roman law. Wages for persons engaged in military
service on an emergency basis. _ The regular soldier's
pay is a stipendium. 3. Hist. The rent or profits ofa hall
or house.
salary. (l3c) An agreed compensation for services -esp.
professional or semiprofessional services -usu. paid
at regular intervals on a yearly basis, as distinguished
from an hourly basis. _ Salaried positions are usu.
exempt from the requirements ofthe Fair Labor Stan
dards Act (on overtime and the like) but are subject to
state regulation. Cf. WAGE. [Cases: Labor and Employ
ment C:::> 168, 2264.]
accrued salary. A salary that has been earned but not
yet paid.
sale, n. (bef. 12c) 1. The transfer of property or title for a
price. See UCC  2-106(1). [Cases: Sales (::;;:'1; Vendor
and Purchaser (:::) 1.J 2. The agreement by which such a
transfer takes place. -The four elements are (1) parties
competent to contract, (2) mutual assent, (3) a thing
capable ofbeing transferred, and (4) a price in money
paid or promised.
absolute sale. A sale in which possession and title to
the property pass to the buyer immediately upon the
completion ofthe bargain. Cf. conditional sale. [Cases:
Sales (;::::>454; Vendor and Purchaser
approval sale. See sale on approval.
auction sale. See AUCTION.
average gross sales. The amount of total sales divided
by the number of sales transactions in a specific
period.
bona fide sale. A sale made by a seller in good faith, for
valuable consideration, and without notice of a defect
in title or any other reason not to hold the sale. [Cases:
Vendor and Purchaser
bootstrap sale. 1. A sale in which the purchase price
is financed by earnings and profits of the thing sold;
esp., a leveraged buyout. See BUYOUT. 2. A seller's tax
saving conversion of a business's ordinary income
into a capital gain from the sale of corporate stock.
bulk sale. See BULK SALE. cash-against-documents sale. See documentary sale.
cash sale. 1. A sale in which cash payment is concur
rent with the receipt of the property sold. [Cases: Sales
C::: 82(1).) 2. A securities transaction on the stock
exchange floor requiring cash payment and same-day
delivery.
compulsory sale. The forced sale of real property in
accordance with either an eminent-domain order or
an order for a judicial sale arising from nonpayment
oftaxes. [Cases: Taxation (;::::>2963.]
conditional sale. 1. A sale in which the buyer gains
immediate possession