")
7.]
relationship rape. See RAPE.
relative, n. (14c) A person connected with another by
blood or affinity; a person who is kin with another.
Also termed relation; kinsman. Cf. NEXT OF KIN (1).
blood relative. (1863) One who shares an ancestor with
another.
collateral relative. (18c) A relative who is not in the
direct line of descent, such as a cousin. [Cases:
Descent and Distribution C:::c 32-41.]
relative by affinity. (1821) A person who is related
solely as the result of a marriage and not by blood
or adoption. _ A person is a relative by affinity (1)
to any blood or adopted relative ofhis or her spouse,
and (2) to any spouse ofhis or her blood and adopted
relatives. Based on the theory that marriage makes
two people one, the relatives of each spouse become
the other spouse's relatives by affinity. See AFFINITY.
[Cases: Descent and Distribution C:::c21; Wills
502.]
relative ofthe halfblood. A collateral relative who
shares one common ancestor. - A half brother, for
example, is a relative ofthe halfblood. See halfblood
under BLOOD. [Cases: Descent and Distribution
35; Wills C::~506(2).]
relative confession. See CONFESSION.
relative-convenience doctrine. The principle that an
injunction or other equitable relief may be denied if
granting it would cause one party great inconvenience
but denying it would cause the other party little or no
inconvenience. [Cases: Injunction C:::c 12,23,138.15.]
relative fact. See FACT.
relative nullity. See NULLITY.
relative power. See POWER (5).

1403 releaser
relative-responsibility statute. A law requiring adult
children to support or prOVide basic necessities for their
indigent elderly parents. [Cases: Parent and Child
4.]
relative right. See RIGHT.
relative simulated contract. See CONTRACT.
relator. (17c) 1. The real party in interest in whose name
a state or an attorney general brings a lawsuit. See EX
REL. [Cases: Attorney General C:>9.] 2. lhe applicant
for a writ, esp. a writ of mandamus, prohibition, or quo
warranto. [Cases: Mandamus ~-:>144; Prohibition C:>
19; Quo Warranto C:>30.]3. A person who furnishes
information on which a civil or criminal case is based;
an informer.
relatrix (ri-Iay-triks). Archaic. A female relator.
relaxatio (ree-Iak-say-shee-oh). [Law Latin] Hist. An
instrument by which one relinquishes a right or claim
to another; a release.
release, n. (14c) 1. Liberation from an obligation, duty,
or demand; the act of giving up a right or claim to the
person against whom it could have been enforced <the
employee asked for a release from the noncompete
agreement>. Also termed discharge; surrender. 2.
The relinquishment or concession of a right, title, or
claim <Benson's effective release of the claim against
Thompson's estate precluded his filing a lawsuit>.
[Cases: Release C:> 1.] 3. A written discharge, acquit
tance, or receipt; specif., a writing -either under seal
or supported by sufficient consideration stating that
one or more of the worker's contractual or compen
satory rights are discharged <Jones Signed the release
before accepting the cash from Hawkins>. _ Beneficia
ries ofan estate are routinely required to sign a release
discharging the estate from further liability before the
executor or administrator distributes the property. 4.
A written authorization or permission for publication
<the newspaper obtained a release from the witness
before printing his picture on the front page>. 5. 1be act
of conveying an estate or right to another, or oflegally
disposi ng ofit <the release ofthe easement on February
14>.6. A deed or document effecting a conveyance
<the legal description in the release was defective>.
See deed ofrelease under DEED. [Cases: Deeds
7. The action of freeing or the fact of being freed from
restraint or confinement <he became a model citizen
after his release from prison>. 8. A document giving
formal discharge from custody <after the sheriff Signed
the release, the prisoner was free to go>. -release,
vb.
conditional release. (lSc) 1. A discharge from an obli
gation based on some condition, the failure ofwhich
defeats the release. 2. An early discharge of a prison
inmate, who is then subject to the rules and regula
tions ofparole. [Cases: Prisons C:>24S.]
marginal release. Property. An entry made in the
margin ofa property record by the recorder ofdeeds
to show that a claim against the property has been
satisfied. mutual release. A simultaneous exchange ofreleases of
legal claims held by two or more parties against each
other. [Cases: Prisons C:> 14.]
partial release. (lS37) A release of a portion of a
creditor's claims against property; esp., a mortgag
ee's release of specified parcels covered by a blanket
mortgage. [Cases: Mortgages C:>310.]
Pierringer release. A release that allows a defendant in
a negligence suit to settle with the plaintiff for a share
of the damages and insulates the settling defendant
against contribution claims by nonsettling defen
dants. -'This type of release was first described in
Pierringer v. Hoger, 124 N.W.2d 106, 110-11 (Wis.
1963). It is used in some jurisdictions that do not have
contribution statutes. ~Also spelled (incorrectly)
Perringer release. [Cases: Release (~29(4).]
study release. (1970) A program that allows a prisoner
to be released for a few hours at a time to attend classes
at a nearby college or technical institution. Also
termed study furlough. [Cases: Convicts (;~2.]
unconditional release. (1871) The final discharge of a
prison inmate from custody. [Cases: Release C=)14.J
9. Environmental law. The injection ofcontaminants or
pollutants into the environment as a side effect ofoper
ations such as manufacturing, mining, or farming.
release clause. Real estate. 1. A blanket-mortgage provi
sion that enables the mortgagor to obtain a release from
the mortgage ofa specific portion ofthe property upon
paying a specific (usu. more than pro rata) portion of
the loan. -Mortgagees commonly include a clause that
disallows a partial release ifthe mortgagor is in default
on any part of the mortgage. [Cases: Mortgages
310.] 2. A purchase-agreement provision that allows a
seller who has accepted an offer containing a contin
gency to continue to market the property and accept
other offers. _ Ifthe seller accepts another buyer's offer,
the original buyer typically has a specified time (such as
72 hours) to waive the contingency (such as the sale of
the buyer'S present house) or to release the seller from
the agreement. [Cases: Vendor and Purchaser
release deed. See DEED.
releasee. 1. One who is released, either phYSically or by
contractual discharge. [Cases: Release C:>26.]2. One
to whom an estate is released.
release ofmortgage. A written document that discharges
a mortgage upon full payment by the borrower and
that is publicly recorded to show that the borrower has
full equity in the property. [Cases: Mortgages C:>309,
314.]
release on recoguizance. (1913) The pretrial release of
an arrested person who promises, usu. in writing but
without supplying a surety or posting bond, to appear
for trial at a later date. -Abbr. ROR. -Also termed
release on own recognizance. See RECOGNIZANCE.
[Cases: Bail C=>40.]
releaser. See RELEASOR.

release to uses 1404
release to uses. (1830) Conveyance of property, by deed
of release, by one party to another for the benefit ofthe
grantor or a third party. See deed ofrelease under DEED;
STATUTE OF USES; USE (4). [Cases: Deeds C=>23.]
releasor. (17c) One who releases property or a claim to
another. -Also spelled releaser. [Cases: Release C=>
1.]
relegatio (rel-;l-gay-shee-oh), n. [ff. Latin relegare "to
send away"] Roman law. Temporary or permanent ban
ishment ofa condemned criminal from Rome and the
criminal's native province, without loss of citizenship
or forfeiture of all the criminal's property. Cf. DEPOR
TATIO.
"Relegatio. The expulsion of a citizen ordered either by
an administrative act of a magistrate or by judgment in a
criminal trial. In the latter case the relegatiowas sometimes
combined with additional punishments, such as confis
cation of the whole or of a part of the property of the
condemned person, loss of Roman Citizenship, confine
ment in a certain place. A milder form of relegatio was the
exclusion of the wrongdoer from residence in a specified
territory. Illicit return was punished with the death penalty."
Adolf Berger, Encyclopedic Dictionary of Roman Law 673
(1953).
relegation, n. (16c) 1. Banishment or exile, esp. a tem
porary one. 2. Assignment or delegation. -relegate,
vb.
relevance. The fact, quality, or state of being relevant;
relation or pertinence to the issue at hand. -Also
termed relevancy. [Cases: Criminal Law C=> 338;
Evidence C=>99.]
relevancy. See RELEVANCE.
relevant, adj. (16c) Logically connected and tending to
prove or disprove a matter in issue; having appreciable
probative value -that is, rationally tending to persuade
people ofthe probability or possibility ofsome alleged
fact. Cf. MATERIAL (2), (3). [Cases: Criminal Law C=>
338; Evidence C=>99.]
"The word 'relevant' means that any two facts to which it
is applied are so related to each other that according to
the common course of events one either taken by itself or
in connection with other facts proves or renders probable
the past, present, or future existence or non-existence of
the other." James Fitzjames Stephen, A Digest of the Law
of Evidence 2 (4th ed. 1881).
relevant art. See ART.
relevant evidence. See EVIDENCE.
relevant market. See MARKET.
reliance, n. (l7c) Dependence or trust by a person, esp.
when combined with action based on that dependence
or trust. -rely, vb.
detrimental reliance. (1941) Reliance by one party
on the acts or representations of another, causing a
worsening ofthe first party's position . Detrimental
reliance may serve as a substitute for consideration
and thus make a promise enforceable as a contract.
See promissory estoppel under ESTOPPEL. [Cases:
Estoppel C=>55, 85, 87.]
reliance damages. See DAMAGES. reliance interest. See INTEREST (2).
reliance-loss damages. See DAMAGES.
reliance materials. See EXPERT-RELIANCE MATERIALS.
relict (rel-ikt). Archaic. A surviving spouse; esp., a
widow.
relicta verificatione (ri-lik-t;l ver-;l-fi-kay-shee-oh-nee).
[Latin "his pleading being abandoned"] Hist. A confes
sion ofjudgment accompanied by a withdrawal of the
plea. See COGNOVIT ACTIONEM.
reliction (ri-lik-sh;ln). (17c) 1. A process by which a river
or stream shifts its location, causing the recession of
water from its bank. [Cases: Navigable Waters C=>44;
Waters and Water Courses C=>93.] 2. The alteration
of a boundary line because of the gradual removal of
land bv a river or stream. See ACCRETION; DERELICTION
(2). [C~ses: Navigable Waters C=>44; Waters and Water
Courses C=>93.]
relief. (14c) 1. A payment made by an heir of a feudal
tenant to the feudal lord for the privilege ofsucceeding
to the ancestor's tenancy.
"A mesne lord could, upon the death of his tenant, accept
the tenant's heir as tenant; but he was not required to
do so. When he did accept his deceased tenant's heir as
tenant, it was typically because the heir had paid the mesne
lord a substantial sum (known as a relieD for the re-grant
of the tenancy." Thomas F. Bergin & Paul G. Haskell, Preface
to Estates in Land and Future Interests 8 (2d ed. 1984).
2. Aid or assistance given to those in need, esp., finan
cial aid provided by the state. [Cases: Social Security
and Public Welfare C=)4.]3. The redress or benefit, esp.
equitable in nature (such as an injunction or specific
performance), that a party asks of a court. -Also
termed remedy. Cf. REMEDY.
affirmative relief (1842) The relief sought by a defen
dant by raising a counterclaim or cross-claim that
could have been maintained independently of the
plaintiff's action.
alternative relief (1851) Judicial relief that is mutually
exclusive with another form of judicial relief . In
pleading, a party may request alternative relief, as by
asking for both specific performance and damages
that would be averted by specific performance. Fed.
R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [


specific performance. Fed.
R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [Cases:
Specific Performance C=> 127.]
coercive relief (1886) Judicial relief, either legal or
equitable, in the form ofa personal command to the
defendant that is enforceable by physical restraint.
declaratory relief A unilateral request to a court to
determine the legal status or ownership of a thing.
[Cases: Declaratory Judgment C=>385.]
extraordinary relief Judicial relief that exceeds what is
typically or customarily granted but is warranted by
the unique or extreme circumstances of a situation.
 The types of extraordinary relief most frequently
sought are injunctions and extraordinary writs, esp.
mandamus. See INJUNCTION; MANDAMUS. Cf. extraor
dinary writ under WRIT. [Cases: Courts C=>207.]

1405
interim relief. (1886) Relief that is granted on a pre
liminary basis before an order finally disposing of a
request for relief.
therapeutic relief. (1889) The relief, esp. in a settlement,
that requires the defendant to take remedial measures
as opposed to paying damages. An example is a
defendant-corporation (in an employment-dis
crimination suit) that agrees to undergo sensitivity
training. Often shortened to therapeutics.
religion. A system offaith and worship usu. involving
beliefin a supreme being and usu. containing a moral
or ethical code; esp., such a system recognized and
practiced by a particular church, sect, or denomination.
 In construing the protections under the Establish
ment Clause and the Free Exercise Clause, courts have
interpreted the term religion quite broadly to include a
wide variety oftheistic and nontheistic beliefs. [Cases:
Religious Societies 1.]
state religion. A religion promoted, taught, or enforced
by a government's acts to the exclusion ofother reli
gions.
religion, freedom of. See FREEDOM OF RELIGION.
Religion Clause. In the Bill of Rights, the provision
stating that "Congress shall make no law respecting
an establishment of religion or prohibiting the free
exercise thereof." U.S. Const. amend. 1.  Some writers
use the plural form, "Religion Clauses," to mean both
the Establishment Clause and the Free Exercise Clause,
thus emphasizing the asserted common purpose ofthe
two provisions. [Cases: Constitutional Law C==', 1290
1428.J
religious-affinity fraud. See PRAUD.
religious corporatiou. See CORPORATION.
religious-exemption statute. See FAITH-HEALING
EXEMPTION.
religious liberty. See LIBERTY.
Religious Test Clause. The clause ofthe U.S. Constitu
tion that prohibits the use ofa religious test as a quali
fication to serve in any office or public trust. U.S. Const.
art. VI, par. 3, cl. 2. -Also termed No Religious Test
Clause.
relinquishment, n. (I5c) The abandonment ofa right or
thing. -relinquish, vb.
reliqua (reJ-<'l-kw<'l). [Latin] Civil law. The remainder ofa
debt after balancing or liquidating an account; money
left unpaid.
relitigate, vb. (1826) To litigate (a case or matter) again
or anew <relitigate the issue in federal court>. -reliti
gation, n.
relocatio (ree-Ioh-kay-shee-oh). [Latin] Civil law. The
renewal of a lease; RECONDUCTION (I).
relocation. 1. Removal and establishment of someone
or something in a new place. 2. Mining law. Appro
priation of a new tract ofland for a mining claim, as
by an owner who wishes to change the boundaries of
the original tract or by a stranger who wishes to claim remainder
an abandoned or forfeited tract. [Cases: Mines and
Minerals (;=>26.]3. Civil law. RECONDUCTION (1).
rem. See IN REM.
remainder. (lSc) Property. 1. A future interest arising
in a third person that is, someone other than the
estate's creator, its initial holder, or the heirs ofeither
who is intended to take after the natural termination of
the preceding estate . For example, if a grant is "to A
for life, and then to B," B's future interest is a remainder.
Ifthere is only one preceding estate and the remainder
vests on that estate's expiration, the remainder is also
termed an executed estate. -Also termed remainder
estate; estate in remainder. Cf. EXECUTORY INTEREST;
REVERSION; POSSIBILITY OF REVERTER. [Cases: Remain
ders (;=> 1.]
"Whether a remainder is vested or contingent depends
upon the language employed. If the conditional element
is incorporated into the description of, or the gift to the
remainder man, then the remainder is contingent; but
if. after words giving a vested interest, a clause is added
divesting it, the remainder is vested. Thus, on a devise to
A. for life, remainder to his children, but if any child dies in
the lifetime of A. his share to go to those who survive, the
share of each child is vested, subject to be divested by his
death. But on a devise to A. for life, remainder to such of his
children as survive him. the remainder is contingent." John
Chipman Gray, The Rule Against Perpetuities 66 (1886).
"Under the names of 'remainders' and 'executory limita
tions,' various classes of interests in land could be created
in expectancy. either at the Common Law or under the
Statute of Uses. The differences between the two classes
were highly technical; and the learning involved in acquir
ing a knowledge of the rules of determining them [is] quite
out of proportion to the value obtained." Edward Jenks, The
Book ofEnglish Law 263 (P.S. Fairest ed., 6th ed. 1967).
accelerated remainder. (1901) A remainder that has
passed to the remainderman, as when the gift to the
preceding beneficiary fails. [Cases: Remainders
5.J
alternative remainder. (1830) A remainder in which
the disposition of property is to take effect only if
another disposition does not take effect.
charitable remainder. (1932) A remainder, usu. from
a life estate, that is given to a charity; for example, "to
Jane for life, and then to the American Red Cross.
[Cases: Internal Revenue (;=>4172(3); Taxation
3328.]
contingent remainder. (I8c) A remainder that is either
given to an unascertained person or made subject to
a condition precedent.  An example is "to A for life,
and then, ifB has married before A dies, to B." Also
termed executory remainder; remainder subject to a
condition precedent. [Cases: Remainders (->1, 4.)
"Unlike a vested remainder, a contingent remainder is either
subject to a condition precedent (in addition to the natural
expiration of a prior estate), orowned by unascertainable
persons, or both. But the contingent remainder, like the
vested remainder, 'waits patiently' for possession. It is so
created that it can become a present estate (if ever it does)
immediately upon, and no sooner than, the natural expira
tion of particular estates that stand in front of it and were
created simultaneously with it." Thomas F. Bergin & Paul
G. Haskell, Preface to Estates in Land and Future Interests
73 (2d ed. 1984).

1406 remainder bequest
cross-remainder. (I8c) A future interest that results
when particular estates are given to two or more
persons in different parcels of land, or in the same
land in undivided shares, and the remainders of all
the estates are made to vest in the survivor or sur
vivors. _ Two examples of devises giving rise to
cross-remainders are (1) "to A and B for life, with
the remainder to the survivor and her heirs," and (2)
"Blackacre to A and Whiteacre to B, with the remain
der of A's estate to B on A's failure of issue, and the
remainder of B's estate to A on B's failure ofissue."
If no tenants or issue survive, the remainder vests in a
third party (sometimes known as the ulterior remain
derman). Each tenant in common has a reciprocal,
or cross, remainder in the share of the others. This
type ofremainder could not be created by deed unless
expressly stated. It could, however, be implied in a
will. [Cases: Remainders C=: 1.]
"By a will also an estate may pass by mere implication,
without any express words to direct its course.... So also,
where a devise of black-acre to A and of white-acre to B in
tail, and if they both die without issue, then to C in fee: here
A and B have cross remainders by implication, and on the
failure of either's issue, the other or his issue shall take the
whole: and C's remainder over shall be postponed till the
issue of both shall fail." 2 William Blackstone, Commentar
ies on the Laws ofEngland 381 (1766).
defeasible remainder. (18c) A vested remainder that
will be destroyed if a condition subsequent occurs.
-An example is "to A for life, and then to B, but if
B ever sells liquor on the land, then to c." -Also
termed remainder subject to divestment. [Cases:
Remainders 10.]
executed remainder. See vested remainder.
executory remainder. See contingent remainder.
indefeasible remainder. (1898) A vested remainder
that is not subject to a condition subsequent; specif.,
a remainder in which the remainderman is certain to
acquire a present interest sometime in the future and
will be entitled to retain the interest permanently.
Also termed indefeaSibly vested remainder; remainder
indefeasibly vested.
remainder subject to a condition precedent. See contin
gent remainder.
remainder subject to divestment. See defeasible remain
der.
remainder subject to open. (1838) A vested remainder
that is given to a class ofpersons whose numbers may
change over time and that is to be shared equally by
each member of the class. -An example is "to A for
life, and then equally to all of B's children." The class
must have at least one member, but more can be added
over time. Also termed remainder subject to partial
divestment; remainder vested subject to open_
vested remainder. (18c) A remainder that is given to
an ascertained person and that is not subject to a
condition precedent.  An example is "to A for life,
and then to B." Also termed executed remainder.
[Cases: Remainders 1.] 2. The property in a decedent's estate that is not other
wise specifically devised or bequeathed in a will. See
residuary estate under ESTATE (3). [Cases: Wills
586.]
remainder bequest. See residuary bequest under
BEQUEST.
remainderer. See REMAINDERMAN.
remainder estate. See REMAINDER (I).
remainder indefeasibly vested. See indefeasible remain
der under REMAINDER.
remainder interest. (1815) 1he property that passes to
a beneficiary after the expiration of an intervening
j ncome interest. _ For example, ifa grantor places real
estate in trust with income to A for life and remainder
to B upon A's death, then B has a remainder interest.
remainderman. (18c) A person who holds or is entitled
to receive a remainder. Also termed remainderer;
remainderperson; remainor. [Cases: Remainders
1.]
ulterior remainderman. A third party whose future
interest in a property vests only jf all the preceding
reciprocal interests See cross-remainder under
REMAINDER.
remainder subject to partial divestment. See remainder
subject to open under REMAINDER.
remainder vested subject to open. See remainder subject
to open under REMAINDER.
remainor, n. See REMAINDERMAN.
remake rights. Copyright. The rights to produce one or
more additional movies or screenplays based on what
is substantially the same story as is contained in the
original movie or screenplay for which the rights have
been granted. [Cases: Copyrights and Intellectual
Property <):::::>38.)
remancipate, vb. To mancipate (a thing or person)
again.
remand (ri-mand also ree-mand), n. (18c) 1. The act or
an instance of sending something (such as a case, claim,
or person) back for further action. 2. An order remand
ing a case, claim, or person.
fourth-sentence remand. In a claim for SOcial-security
benefits, a court's decision affirming, reversing, or
modifying the decision of the Commissioner of Social
Security. -This type of remand is called a fourth
sentence remand because it is based on the fourth
sentence of 42 USCA  405(g): "The court shall have
power to enter, upon the pleadings and transcript
of the record, a judgment affirming, modifying, or
reversing the decision ofthe Commissioner ofSocial
Security, with or without remanding the cause for a
rehearing." See Melkonyan v. Sullivan, 501 U.S. 89, 111
S.Ct. 2157 (1991). [Cases: Social Security and Public
Welfare C:-149.]
sixth-sentence remand. In a claim for social-security
benefits, a court's decision that the claim should
be reheard by the Commissioner of Social Security

1407 remedy
because new evidence is available, which was not
available before, that might change the outcome of
the proceeding. This type of remand is called a
sixth-sentence remand because it is based on the sixth
sentence of 42 USCA  405(g): "The court may, on
motion of the Commissioner of Social Security made
for good cause shown before the Commissioner files
the Commissioner's answer, remand the case to the
Commissioner of Social Security for further action
by the Commissioner of Social Security, and it may


, remand the case to the
Commissioner of Social Security for further action
by the Commissioner of Social Security, and it may
at any time order additional evidence to be taken
before the Commissioner of Social Security, but only
upon a showing that there is new evidence which is
material and that there is good cause for the failure to
incorporate such evidence into the record in a prior
proceeding ...." See Melkonyan v. Sullivan, 501 U.S.
89, 111 S.Ct. 2157 (1991). [Cases: Social Security and
Public Welfare (;:::;, 149.)
remand (ri-mand), vb. (15c) 1. To send (a case or claim)
back to the court or tribunal from which it came for
some further action <the appellate court reversed the
trial court's opinion and remanded the case for new
trial>. Cf. REMOVAL (2). [Cases: Administrative Law and
Procedure (;::::::>817; Appeal and Error 1106,1178,
1186; Criminal Law c?1181.5; Federal Courts (;:::;'937,
943; Removal of Cases C-:> 107(8).) 2. To recommit (an
accused person) to custody after a preliminary exami
nation <the magistrate, after denying bail, remanded
the defendant to custody>.
remanentia (rem-~-nen-shee-~). [Law Latin] Rist. A
remainder or perpetuity.
remanent pro defectu emptorum (rem-~-n<mt proh di
fek-t[y]oo emp-tor-~m). [Latin] Hist. Remains unsold
for want of buyers . This language was used in a return
ofa writ of execution when the sheriff could not sell the
seized property. [Cases: Execution (;:::;,334.J
remanet (rem-<}-net). (16c) 1. A case or proceeding
whose hearing has been postponed. 2. A remainder or
remnant.
remargining, n. Securities. The act or process ofdeposit
ing additional cash or collateral with a broker when the
equity in a margin account falls to an insufficient leveL
See margin account under ACCOUNT. remargin,
vb.
remarry, vb. To marry a second or later time, after a
divorce or the death of one's spouse. [Cases: Divorce
(;:::;,319.]
remediable, adj. (l5c) Capable ofbeing remedied, esp. by
law <remediable wrongs>. remediability, n.
remedial, adj. (17c) 1. Affording or providing a remedy;
providing the means of obtaining redress <a remedial
action>. 2. Intended to correct, remove, or lessen a
wrong, fault, or defect <a remedial statute>. 3. Of or
relating to a means of enforcing an existing substantive
right <a remedial right>.
remedial action. 1. Environmental law. An action
intended to bring about or restore long-term envi
ronmental quality; esp., under CERCLA, a measure intended to permanently alleviate pollution when a
hazardous substance has been released or might be
released into the environment, so as to prevent or
minimize any further release ofhazardous substances
and thereby minimize the risk to public health or to the
environment. 42 USCA  9601(24); 40 CFR  300.6.
Also termed remedy. See CERCLA. Cf. REMOVAL ACTION.
[Cases: Environmental Law (;:::;,439.J 2. See personal
action (1) under ACTION (4).
remedial enforcement. See secondary right under
RIGHT.
remedial law. (l7c) 1. A law providing a means to enforce
rights or redress injuries. 2. A law that corrects or
modifies an existing law; esp., a law proViding a new
or different remedy when the existing remedy, if any,
is inadequate. [Cases: Statutes (;:::;,236.]
remedial liability. See LIABILITY.
remedial promise. See PROMISE.
remedial right. See RIGHT. . remedial statute. See STATUTE.I
remedial trust. See constructive trust under TRUST.
remediation. Environmental law. 1he restoration of
polluted land, water, or air to its former state, or as
nearly so as is practicaL [Cases: Environmental Law
'~J366, 439.]
remedies, n. The field of law dealing with the means of
enforcing rights and redressing wrongs.
remediis praetoriis (ri-mee-dee-is pri-tor-ee-is). [Latin]
Hist. By praetorian remedies.
remedium extraordinarium (ri-mee-dee-~m ek-stror
di-nair-ee-<}m or ek-str<}-or-). [Latin] Hist. An extraor
dinary remedy.
remedy, n. (l3c) 1. The means of enforcing a right or
preventing or redressing a wrong; legal or equita
ble relief. -Also termed civil remedy. 2. REMEDIAL
ACTIO;'\[. Cf. RELIEF. -Also termed (in both senses)
law ofremedy. -remedy, vb.
"A remedy is anything a court can do for a litigant who has
been wronged or is about to be wronged. The two most
common remedies are judgments that plaintiffs are entitled
to collect sums of money from defendants and orders to
defendants to refrain from their wrongful conduct or to
undo its consequences. The court decides whether the
litigant has been wronged under the substantive law; it
conducts its inquiry in accordance with the procedural law.
The law of remedies falls somewhere between substance
and procedure, distinct from both but overlapping with
both." Douglas Laycock, Modern American Remedies 1 (3d
ed.2002).
adequate remedy atlaw. (l8c) A legal remedy (such as
an award ofdamages) that provides sufficient relief to
the petitioning party, thus preventing the party from
obtaining equitable relief. See IRREPARABLE INJURY
RULE. [Cases: Equity Specific Performance
administrative remedy. (1880) A nonjudicial remedy
provided by an administrative agency . Ordinar
ily, if an administrative remedy is available, it must

be exhausted before a court will hear the case. See
EXHAUSTION OF REMEDIES. [Cases: Administrative
Law and Procedure C=>229.]
civil remedy. See REMEDY (1).
concurrent remedy. (1Sc) One of two or more legal or
equitable actions available to redress a wrong.
cumulative remedy. (1Sc) A remedy available to a party
in addition to another remedy that still remains in
force.
equitable remedy. (lSc) A remedy, usu. a nonmonetary
one such as an injunction or specific performance,
obtained when available legal remedies, usu. monetary
damages, cannot adequately redress the injury . His
torically, an equitable remedy was available only from
a court ofequity. -Also termed equitable relief See
IRREPARABLE-INJURY RULE. [Cases: Injunction C=>
15, 13S.9; Specific Performance C=> 1.]
extrajudicial remedy. A remedy not obtained from a
court, such as repossession. -Also termed self-help
remedy.
extraordinary remedy. (16c) A remedy -such as a
writ of mandamus or habeas corpus -not available
to a party unless necessary to preserve a right that
cannot be protected by a standard legal or equitable
remedy. Because there is no agreed list of extraor
dinary remedies, some standard remedies -such as
preliminary and permanent injunctions -are some
times described as extraordinary. [Cases: Injunction
C=> 1, 132; Mandamus C=>3(1)-3(2.1).]
judicial remedy. (ISc) A remedy granted by a court.
legal remedy. (17c) A remedy historically available in
a court of law, as distinguished from a remedy his
torically available only in equity.  After the merger
oflaw and equity, this distinction remained relevant
in some ways, such as in determining the right to
jury trial and the choice between alternate remedies.
[Cases: Action C=>21.]
provisional remedy. (1Sc) A temporary remedy awarded
before judgment and pending the action's disposition,
such as a temporary restraining order, a preliminary
injunction, a prejudgment receivership, or an attach
ment. Such a remedy is intended to maintain the
status quo by protecting a person's safety or preserv
ing property. [Cases: Attachment C=> 1; Injunction
C=> 132, 13S.3, 150.]
remedy over. (1Sc) A remedy that arises from a right of
indemnification or subrogation . For example, ifa
city is liable for injuries caused by a defect in a street,
the city has a "remedy over" against the person whose
act or negligence caused the defect. [Cases: Indemnity
C=>20, 91; Subrogation C=> 1.]
self-help remedy. See extrajudicial remedy.
specific remedy. (1Sc) A remedy whereby the injured
party is awarded the very performance that was con
tractually promised or whereby the injury threatened
or caused by a tort is prevented or repaired. A court
awards a specific remedy by ordering a defaulting seller of goods to deliver the specified goods to the
buyer (as opposed to paying damages). [Cases: Specific
Performance C=> 126.]
speedy remedy. (1Sc) A remedy that, under the cir
cumstances, can be pursued expeditiously before the
aggrieved party has incurred substantial detriment.
 "Speedy remedy" is an informal expression with no
fixed meaning -that is, what is considered speedy
in one context may not be considered speedy in other
contexts. For example, the Federal Tax Injunction Act
requires a "plain, speedy, and efficient remedy" in state
courts. But the Act does not require preliminary or
injunctive relief -or even interest for delay.
"'Speedy' is perforce a relative concept, and we must
assess the 2-year delay against the usual time for similar
litigation." Rosewell v. LaSalle Nat'l Bank, 450 U.S. 503,
518 (1981).
substitutional remedy. (19S7) A remedy intended to
give the promisee something as a replacement for the
promised performance or to give the plaintiff some
thing in lieu of preventing or repairing an injury .
A court awards a substitutional remedy by ordering a
defaulting seller ofgoods to pay the buyer damages (as
opposed to delivering the promised goods). -Also
termed substitutionary remedy. [Cases: Contracts
324(1).]
"With substitutionary remedies, plaintiff suffers harm
and receives a sum of money. SpeCific remedies seek to
avoid this exchange. They seek to prevent harm, or undo
it, rather than let it happen and compensate for it....
[Money damages] are substitutionary both in the sense
that the sum of money is substituted for plaintiff's original
entitlement, and in the less obvious sense that the fact
finder's valuation of the loss is substituted for plaintiff's
valuation. Specific relief seeks to avoid both these substitu
tions, giving plaintiff the very thing he lost if that is what
he wants." Douglas Laycock, The Death of the Irreparable
Injury Rule 13 (1991).
remedy, mutuality of. See MUTUALITY OF REMEDY.
remere (ray-may-ray), n. [French] The right of repur
chase.
REMIC (rem-ik or ree-mik). abbr. REAL-ESTATE-MORT
GAGE INVESTMENT CONDUIT.
remise (ri-mlz), vb. (1Sc) To give up, surrender, or release
(a right, interest, etc.) <the quitclaim deed provides that
the grantor remises any rights in the property>.
remissio injuriae (ri-mis[h]-ee-oh in-joor-ee-ee). [Latin]
Hist. Forgiveness of the offense.
remission. (13c) 1. A cancellation or extinguishment of
all or part of a financial obligation; a release of a debt
or claim. [Cases: Release C=> 1.]
conventional remission. Civil law. A remission
expressly granted to a debtor by a creditor having
capacity to alienate. La. Civ. Code art. IS40.
tacit remission. Civil law. A remission arising by opera
tion oflaw, as when a creditor surrenders an original
title to the debtor. La. Civ. Code art. ISSS.
2. A pardon granted for an offense. 3. Relief from a for
feiture or penalty. [Cases: Controlled Substances C=>

1409
lS9; Forfeitures Penalties l.] 4. A diminu
tion or abatement ofthe symptoms ofa disease,
remit, vb, (I4c) 1. To pardon or forgive <the wife could not
remit her husband's infidelity>, 2. To abate or slacken;
to mitigate <the receipt ofmoney damages remitted the
embarrassment ofbeing fired>, 3. To refer (a matter for
decision) to some authority, esp, to send back (a case) to
a lower court <the appellate court remitted the case to
the trial court for further factual determinations>, See
REMAND, [Cases: Administrative Law and Procedure
~817;Appeal and Error (~1106, 1178; Criminal Law
(:::=~ 11Sl.5; Federal Courts ~943,1.]4. To send or put
back to a previous condition or position <a landlord's
breach ofa lease does not justify the tenant's refusal to
pay rent; instead, the tenant is remitted to the right to
recover damages>, 5. To transmit (as money) <upon


, the tenant is remitted to the right to
recover damages>, 5. To transmit (as money) <upon
receiving the demand letter, she promptly remitted the
amount due>. -remissible (for senses 1-4), adj,
remittable (for sense 5), adj,
remittance. (ISc) 1. A sum of money sent to another as
payment for goods or services, 2. An instrument (such
as a check) used for sending money, 3. The action or
process ofsending money to another person or place,
remittance advice. See ADVICE,
remittee. (18c) One to whom payment is sent,
remitter. (16c) 1. The principle by which a person having
two titles to an estate, and entering on it by the later or
more defective title, is deemed to hold the estate by the
earlier or more valid title. 2. The act of sending back
a case to a lower court 3. One who sends payment to
someone else. -Also spelled (in sense 3) remittor,
remitting bank. See BANK.
remittit damna (ri-mit-it dam-nJ), [Latin] Hist, An entry
on the record by which a plaintiff declares that he or she
remits part of the damages that have been awarded.
Also termed remittitur damna; remittitur damnum.
remittitur (ri-mit-i-tJr), (ISc) 1. An order awarding a new
trial, or a damages amount lower than that awarded by
the jury, and requiring the plaintiff to choose between
those alternatives <the defendant sought a remit
titur of the $100 million judgment>. 2. The process by
which a court requires either that the case be retried,
or that the damages awarded by the jury be reduced,
Cf. ADDITUR, [Cases: Federal Civil Procedure C:J2377;
Federal Courts ~'94S; New Trial (;::J 162.]
remittitur damna. See REMITTIT DAMNA,
remittitur damnum. See REMITTIT DAMNA,
remittitur of record, (1848) The action of sending the
transcript of a case back from an appellate court to a
trial court; the notice for doing so.
remittor. See REMITTER (3),
remnants and surpluses. Maritime law, 1he proceeds
remaining from the sale of a ship after claims for
seamen's wages, bottomry bonds, salvage services, and
supplies have been paid, [Cases: Admiralty ~lOL] remuneration
remonetization, n. The restoration of a precious
metal (such as gold or silver) to its former use as legal
tender. -remonetize, vb.
remonstrance (ri-mon-str;:mts), n, (l6c) 1. A presenta
tion ofreasons for opposition or grievance. 2. A formal
document stating reasons for opposition or grievance, 3.
A formal protest against governmental policy, actions,
or officials. remonstrate (ri-mon-strayt), vb,
remote, adj. (ISc) 1. Far removed or separated in time,
space, or relation, 2. Slight. 3. Property. Beyond the 21
years after some life in being by which a devise must
vest. See RULE AGAINST PERPETUITIES. [Cases: Perpe
tuities ~4(3).1
remote cause. See CAUSE (1),
remote damages. See speculative damages (1) under
DAMAGES.
remoteness ofconsequence, Torts, The lack ofproximate
causation with respect to an alleged act by a defendant.
 Even if the plaintiff proves every other element for
tortious liability, the defendant will not be liable if the
harm suffered by the plaintiffis too far removed from
the defendant's conduct, -Also termed remoteness
afdamage.
remote possibility. See POSSIBILITY.
remotis testibus (ri-moh-tis tes-ti-bds), [Latin] Hist. The
witnesses being absent
removal, n. (l6c) 1. The transfer or moving of a person
or thing from one location, position, or residence to
another. 2. The transfer of an action from state to
federal court. In removing a case to federal court, a
litigant must timely file the removal papers and must
show a valid basis for federal-court jurisdiction. 28
USCA  1441. Cf. REMAND (1). [Cases: Removal of
Cases c:r-:;::, 16.] -remove, vb.
civil-rights removal. (1964) Removal of a case from
state to federal court because a person: (1) has been
denied or cannot enforce a civil right in the state
court, (2) is being sued for performing an act under
color of authority derived from a law providing
for equal rights, or (3) is being sued for refUSing to
perform an act that would be inconsistent with equal
rights. [Cases: Removal ofCases C='70.]
removal action. Environmental law. An action, esp,
under CERCLA, intended to bring about the short-term
abatement and cleanup of pollution (as by removing
and disposing of toxic materials). See CERCLA, Cf.
REMEDIAL ACTION, [Cases: Environmental Law
439, 441.J
removal bond. See BOND (2).
rem pupilli salvam fore (rem pyoo-pil-I sal-vdm
for-ee). [Latin] Roman law. The guarantee reqUired of
a guardian that the estate ofthe person under puberty
will be safe,
REMT. abbr, REAL-ESTATE MORTGAGE TRUST,
remuneration (ri-myoo-nd-ray-shJn), n, (ISc) 1.
Payment; compensation, 2. The act of paying or

1410 remunerative donation
compensating. -remunerative, adj. -remunerate,
vb.
remunerative donation. See DONATION.
rencounter (ren-kown-t;)r). (16c) A hostile meeting or
contest; a battle or combat. -Also spelled rencontre
(ren-kon-t;)r).
render, n. (14c) Hist. 1. A payment in money, goods, or
services made by a feudal tenant to the landlord. 2. A
return conveyance made by the grantee to the grantor
in a fine. See FINE (1).
render, vb. 1. To transmit or deliver <render payment>.
2. (Of a judge) to deliver formally <render a judgment>.
3. (Of a jury) to agree on and report formally <render a
verdict>. 4. To pay as due <render an account>.
rendezvous, n. 1. A place designated for meeting or
assembly, esp. of troops or ships. 2. The meeting or
assembly itself.
rendition, n. (17c) 1. The action of making, delivering,
or giving out, such as a legal decision. 2. lhe return ofa
fugitive from one state to the state where the fugitive is
accused or was convicted ofa crime. Also termed (in
sense 2) interstate rendition. Cf. EXTRADITIO>l. [Cases:
Extradition and Detainers 30.]
erroneous rendition. See EXTRAORDINARY RENDITION.
extraordinary rendition. The transfer, without formal
charges, trial, or court approval, ofa person suspected
of being a terrorist or supporter ofa terrorist group
to a foreign nation for imprisonment and interroga
tion on behalf ofthe transferring nation . When an
innocent person is subjected to extraordinary rendi
tion, it is also termed erroneous extradition. When
a transfer is made to a nation notorious for human
rights violations, it may be colloquially termed torture
by proxy or torture flight.
rendition ofjudgment. (18c) The judge's oral or written
ruling containing the judgment entered. Cf. ENTRY OF
JUDGMENT. [Cases; Federal Civil Procedure (;:::::>2621;
Judgment (;:::::>215.]
rendition warrant. See WARRANT (1).
renege (ri-nig or ri-neg), vb. (16c) To fail to keep a
promise or commitment; to back out ofa deal.
renegotiable-rate mortgage. See MORTGAGE.
renegotiation, n. (1934) 1. The act or process of negoti
ating again or on different terms; a second or further
negotiation. 2. The reexamination and adjustment of
a government contract to eliminate or recover excess
profits by the contractor. [Cases: United States
70(35).] -renegotiate, vb.
renewable term insurance. See INSURA>lCE.
renewal, n. (17c) 1. The act ofrestoring or reestablishing.
2. Parliamentary law. The introduction or consider
ation ofa question already disposed of. -Also termed
renewal oj a motion. See restorative motion under
MOTION (2). Cf. RECONSIDER. 3. The re-creation of a
legal relationship or the replacement ofan old contract
with a new contract, as opposed to the mere extension of a previous relationship or contract. Cf. EXTENSION
(1); REVIVAL (1). [Cases: Contracts C-=>217.J -renew,
vb.
renewal note. See NOTE (1).
renewal ofa motion. See RENEWAL (2).
renounce, vb. (14c) 1. To give up or abandon formally
(a right or interest); to disclaim <renounce an inheri
tance>. [Cases: Descent and Distribution Wills
(;:::::>717.] 2. To refuse to follow or obey; to decline to
recognize or observe <renounce one's allegiance>.
renovare (ren-;)-vair-ee), vb. [Latin] Hist. To renew.
renovatio (ren-d-vay-shee-oh). [Latin] Hist. A renewal
(as ofa lease).
rent, n. (Be) l. Consideration paid, usu. periodically, for
the use or occupancy of property (esp. real property).
[Cases: Landlord and Tenant (;:::::> 181.]
ceiling rent. The maximum rent that can be charged
under a rent-control regulation. [Cases: Landlord and
Tenant (:::=::0200.46.]
crop rent. The portion of a harvest given by a share
cropper to a landlord as rent . Specific crop names,
such as grain rent and potato rent, are commonly
used. [Cases: Landlord and Tenant (;:::::>215.]
double rent. Twice the amount ofrent agreed to; specif.,
a penalty oftwice the amount ofrent against a tenant
who holds possession ofthe leased property after the
date provided in the tenant's notice to quit.  The
penalty was provided by the Distress for Rent Act,
1737, 11 Geo. 2., ch. 19,  13. [Cases: Landlord and
Tenant
dry rent. 1. Rent reserved without a distress clause
allOWing the rent to be collected by distress; rent that
can be collected only by an ordinary legal action.
Formerly also termed rent seck. 2. See rent seck under
RENT (2).
economic rent. See ECONOMIC RENT.
grain rent. See crop rent.
ground rent. 1. Rent paid by a tenant under a long-term
lease for the use ofundeveloped land, usu. for the con
struction of a commercial building. -Also termed
redeemable ground rent. See ground lease under LEASE.
2. A heritable interest, in rental income from land,
reserved by a grantor who conveys the land in fee
simple . This type ofground rent is found primarily
in Maryland and Pennsylvania. -Also termed (in
Scots law) irredeemable ground rent; ground annual.
[Cases: Estates in Property (;:::::> 13.]
guild rent. Hist. Rent payable to the Crown by a
guild. Also spelled gild-rent.
irredeemable ground rent. See ground rent (2).
net rent. The rental price for property after payment of
expenses, such as utilities, and taxes. [Cases;
Landlord and Tenant 210.]
rack-rent. See RACK-RENT.
redeemable ground rent. See ground rent (1).

1411
2. Hist. A compensation or return made periodically
by a tenant or occupant for the possession and use of
lands or corporeal hereditaments; money, chattels, or
services issuing usu. annually out of lands and tene
ments as payment for use.
peppercorn rent. A nominal rent that is far below the
market rate. -The rent may be a mere token payment.
Historically in English law, some lease agreements
called for a token annual rent payment of a Single
dried berry ofblack pepper. See PEPPERCORN.
quit rent. See QUIT RENT.
rent charge. The right to receive an annual sum from
the income ofland, usu. in perpetuity, and to retake
possession if the payments are in arrears. -Also
spelled rent-charge; rentcharge. -Also termed
fee-farm rent.
"Rentcharge is a rent with liberty to distrain. As when a
man seised of land granteth by a deed poll, or by indenture,
a yearly rent going out of the same land to another in fee
or feetail, or for a term of life, etc. with clause of distress,
or maketh a feoffment in fee by indenture, reserving to
himself a certain yearly rent, with clause of distress." Sir
Henry Finch, Law, or a Discourse Thereof 155 (1759).
"A rentcharge is an annual or periodic payment charged
upon, and payable by the owner of, land. Unlike a rent
service, in the case of a rentcharge there is no tenure
or privity of estate between the parties. The owner of a
rentcharge has no tenurial relationship with the land upon
which it is charged, A rentcharge is a species of incorporeal
property, but, unlike an easement, is incorporeal property
in gross, being enjoyed by the owner personally and not
in the capacity of proprietor of land," Peter Butt, Land Law
330 (2d ed, 1988),
rent


capacity of proprietor of land," Peter Butt, Land Law
330 (2d ed, 1988),
rent seck. Hist, A rent reserved by deed but without
any clause ofdistress. -Also spelled rent-seck; rent
sec. -Also termed dry rent. PI. rents seck.
"But rents-seck have long ceased to exist, because the
inability of their owners to distrain was abolished by the
Landlord and Tenant Act, 1730 (4 George II), which enacted
that the owners of rents' seck, rents of assize and chief
rents should have the same remedy by distress as existed
in the case of rent reserved upon lease." G.c. Cheshire,
Modern Law ofReal Property 199 (3d ed, 1933),
"At common law, the relationship of lord and tenant carried
with it an automatic right of distress for any rent. If no such
relationship existed, there was no common law right of
distress, and consequently an express clause of distress
was frequently inserted when reserving the rent. A rent
supported by no right of distress was known as a rent seck
(from the Latin siccus, dry, barren) . , .. Rent seck ceased
to exist many years ago, for by the landlord and Tenant
Act 1730, the owners of rents seck were given the same
rights of distress as a landlord has against his tenant under
a lease, namely, a right to distrain as soon as the rent is
in arrear." Robert E, Megarry & p,v. Baker, A Manual of the
Law ofReal Property 409 (4th ed, 1969),
rent service. A rent with some corporeal service incident
to it (as by fealty) and with a right ofdistress, Also
written rent-service,
"[Rjentservice exists only where the relation of landlord
and tenant is found, and in such a case rent derives its
name from the fact that it was given as a substitute for
the services to which the land was originally liable," G,c'
Cheshire, Modern Law ofReal Property 198 (3d ed, 1933), rentcharge
3. Civil law. A contract by which one party conveys
to another party a tract ofland or other immovable
property, to be held by the other party as owner and
in perpetuity, in exchange for payment of an annual
sum of money or quantity of fruits. -Under Louisi
ana law, the rent is essentially redeemable even though
stipulated to be perpetual. The seller may set the terms
of the redemption, which must take place after a stip
ulated time (not to exceed 30 years) La. Civ. Code
art. 2788. See FRUIT (2), -Also termed rent oflands.
[Cases: Landlord and Tenant ~l81.] 4. 1he difference
between the actual return from a commodity or service
and the cost of supplying it; the difference between
revenue and opportunity cost. -rent, vb.
rentage. (17c) Rent or rental.
rent-a-judging. See PRIVATE JUDGI~G.
rental, n, (14c) 1. The amount received as rent.
crescendo rental. A rent payment that gradually
increases at fixed periods during the lease term.
delay rental. Oil & gas. A periodic payment made by
an oil-and-gas lessee to postpone exploration during
the primary lease term. See DRILLING-DELAY RENTAL
CLAUSE; "or" lease, "unless" lease under LEASE; PAID-UP
LEASE. [Cases: Mines and Minerals ~78.1(3).]
net rental. The amount remaining after deducting all
expenses from the gross rental income.
2. The income received from rent. 3. A record of
payments received from rent. rental, adj.
rent, vb. 1. To pay for the use of another's property.
[Cases: Landlord and Tenant 181.] 2. Hist. Slang.
EXTORT (2),
Rental and Related Rights Directive. See DIRECTIVE
ON RENTAL, LENDING A~D CERTAIN NEIGHBORING
RIGHTS.
Rental Directive. See DIRECTIVE O~ RENTAL, LE~mING
AND CERTAIN NEIGHBORING RIGHTS.
rental division order. Oil & gas. A stipulation signed by
those entitled to delay rentals, stating what interest each
owns and how much rental each is to receive. [Cases:
Mines and Minerals ~79.1(3).]
rental right. Copyright, The power ofa copyright owner
to control the use of copies of the work beyond the
first sale, when that use involves offering the copy
to the public for temporary use for a fee (as at a store
renting DVDs and videotapes) or some other commer
cial advantage (as at a hotel offering the loan ofDVDs
or videotapes). -Rental rights are recognized among
members of the European Commission and under
TRIPs. The right also applies to the rental of computer
software. [Cases: Copyrights and Intellectual Property
C--=38.5,)
rentcharge. The right to receive an annual sum from the
income ofland, usu. in perpetuity, and to retake pos
session ifthe payments are in arrears. Also spelled
rent-charge; rent charge. -Also termed fee-farm rent.
"Rent-charge is a rent with liberty to distrain. As when a
man seised of land granteth by a deed poll, or by indenture,

rent control 1412
a yearly rent going out of the same land to another in fee
or fee-tail, or for a term of life, etc with clause of distress,
or maketh a feoffment in fee by indenture, reserving to
himself a certain yearly rent, with clause of distress_" Sir
Henry Finch, Law, or a Discourse Thereof 155 (1759).
"A rentcharge is an annual or periodic payment charged
upon, and payable by the owner of, land. Unlike a rent
service, in the case of a rentcharge there is no tenure
or privity of estate between the parties. The owner of a
rentcharge has no tenurial relationship with the land upon
which it is charged. A rentcharge is a species of incorporeal
property, but, unlike an easement, is incorporeal property
in gross, being enjoyed by the owner personally and not
in the capacity of proprietor of land." Peter Butt, Land Law
330 (2d ed. 1988).
ecclesiastical-tithe rentcharge. Hist. English law. A
rentcharge attached to a benefice or ecclesiastical cor
poration. Under the Tithe Act 1925, a landowner
liable for an ecclesiastical-tithe rentcharge could
redeem the land and discharge the tithe obligation
by making an annual sinking-fund payment to Queen
Anne's Bounty. The tithe was due for 81.5 years ifthe
rentcharge was attached to a corporation or 85 years
if the rentcharge was attached to a benefice. The law
was repealed in 1998. See QUEEN ANNE'S BOUNTY;
BENEFICE.
rent control. (1931) A restriction imposed, usu. by
municipal legislation, on the maximum rent that a
landlord may charge for rental property, and often on
a landlord's power of eviction. [Cases: Landlord and
Tenant C:=>200.10-200.83, 278.1.]
rente (rawnt), n. [French "income, rent"] French law. L
Annual income or rent.
rente fonciere (fawn-syair) [French "ground rent"] A
rent that is payable for the use of land and is per
petual.
rente viagere (vee-ah-zhair). [French "life rent"] A rent
charge or annuity that is payable for life; a life interest
or annuity.
2. (usu. pl.) Interest paid annually by the French gov
ernment on the public debt; a government stock, bond,
or annuity.
rentee. Rare. A tenant.
rente fonciere. See RENTE.
rente viagere. See RENTE.
rentier (rawn-tyay). [French]l. A person who owns or
holds rentes. See RENTE. 2. A person who makes or lives
off an income from property or investment; a stock
holder or annuitant.
rent oflands. See RENT (3).
rent seck. See RENT (2).
rent-seeking, n. Economic behavior motivated by an
incentive to overproduce goods that will yield a return
greater than the cost ofproduction . The term is often
used in the field oflaw and economics. See RENT (4).
rent service. See RENT (2).
rents, issues, and profits. (17c) The total income or profit
arising from the ownership or possession of property. rent strike. (1964) A refusal by a group of tenants to
pay rent until grievances with the landlord are heard
or settled.
renunciation (ri-ndn-see-ay-sh;m), n. (l4c) 1. The express
or tacit abandonment of a right without transferring
it to another. 2. Wills & estates. The act of waiving a
right under a will.  At one time, one renounced an
inheritance by intestacy and disclaimed a gift by will.
Today disclaim is common in both situations. -Also
termed (in sense 2) disclaimer. See RIGHT OF ELECTION.
Cf. DISCLAIMER. [Cases: Descent and Distribution ~
72; Wills ~717.] 3. Criminal law. Complete and vol
untary abandonment of criminal purpose -some
times coupled with an attempt to thwart the activity's
success -before a crime is committed . Renuncia
tion can be an affirmative defense to attempt, conspir
acy, and the like. Model Penal Code  5.01(4). -Also
termed withdrawal; abandonment. [Cases: Conspir
acy ~40.4.] 4. See anticipatory repudiation under
REPUDIATION. -renunciative, renunciatory, adj.
renounce, vb.
renvoi (ren-voy), n. [French "sending back"] 1. The
doctrine under which a court in resorting to foreign law
adopts as well the foreign law's conflict-of-Iaws prin
ciples, which may in turn refer the court back to the
law ofthe forum. [Cases: Action C:=> 17.] 2. The problem
arising when one state's rule on conflict oflaws refers a
case to the law ofanother state, and that second state's
conflict-of-Iaw rule refers the case either back to the
law of the first state or to a third state. See CONFLICT
OF LAWS. 3. RECONDUCTION (2).
REO. abbr. REAL ESTATE OWNED.
reo absente (ree-oh ab-sten-tee). [Latin] The defendant
being absent; the absence of the defendant.
reopen. (Of a court) to review (an otherwise final and
nonappealable judgment) for the purpose of possibly
granting or modifying relief.  A court will reopen a
judgment or case only in highly unusual circumstances.
See Fed. R. Civ. P. 60. [Cases: Federal Civil Procedure
~2641; Judgment ~336.]
reo praesente (ree-oh pri-zen-tee). [Latin] Hist. The
defendant being present; the presence of the defen
dant.
reorganization, n. 1. Bankruptcy. A financial restruc
turing ofa corporation, esp. in the repayment ofdebts,
under a plan created by a trustee and approved by a
court. See CHAPTER 11. [Cases: Bankruptcy~3501.]
haircut reorganization. A restructuring that reduces
the principal amount ofindebtedness owed to credi
tors. The more common usage is simply haircut <we
took a haircut on that deal>.
2. Tax. A restructuring ofa corporation, as by a merger
or recapitalization, in order to improve its tax treat
ment under the Internal Revenue Code . The Code
classifies the various types ofreorganizations with dif
ferent letters. IRC (26 USCA)  368(a)(I). Cf. RECAPI
TALIZATION.

1413 replevin
A reorganization. A reorganization involving a merger
or consolidation under a specific state statute. [Cases:
Internal Revenue (;=3668.]
B reorganization. A reorganization in which one cor
poration exchanges its voting shares for another cor
poration's voting shares. [Cases: Internal Revenue
3669.]
C reorganization. A reorganization in which one cor
poration exchanges its voting shares for substantially
all the assets ofanother corporation. [Cases: Internal
Revenue (;:::>3670.]
D reorganization. A reorganization in which the cor
poration transfers some or all of its assets to another
corporation that is controlled by the transferor or
its shareholders, and then the stock of the transferee
corporation is distributed. [Cases: Internal Revenue
C::::>3670.J
E reorganization. A reorganization involVing a recapi
talization. [Cases: Internal Revenue (;:::>3671.)
F reorganization. A reorganization involving a mere
change in a corporation's identity, form, or place of
organization. [Cases: Internal Revenue C=:>3672.J
Greorganization. A reorganization involving a transfer
of all or part of the corporation's assets to another
corporation in a bankruptcy or similar proceeding.
[Cases: Internal Revenue C=~; 3673.]
reorganization bond. See adjustment bond under BOND
(3).
reorganization plan. Bankruptcy. A plan of restruc
turing submitted by a corporation for approval by the
court in a Chapter 11 case. See CHAPTER 11. [Cases:
Bankruptcy (;=3531-3570. J
rep. abbr. 1. REPORT. 2. REPORTER. 3. REPRESENTATIVE.
4. REPUBLIC.
repair-and-replace provision. A contractual clause
proViding that a product's defect will be remedied by
repairing or replacing the defective part or product.
[Cases: Sales (;:::>286, 41S(6).]
repair


part or product.
[Cases: Sales (;:::>286, 41S(6).]
repair doctrine. Patents. The rule that a licensee
who is authorized to produce, use, or distribute a
patented device also has the right to repair and replace
unpatented components. Also termed permissible
repair doctrine. Cf. RECONSTRUCTION. [Cases: Patents
C=:>255.)
reparable injury. See INJURY.
reparation (rep-d-ray-sh;m). (14c) 1. The act of making
amends for a wrong. 2. (usu. pl.) Compensation for an
injury or wrong, esp. for wartime damages or breach
of an international obligation.
reparationefacienda. See DE REPARATIONE FACIENDA.
reparative injunction. See INJUNCTION.
reparole. (1916) A second release from prison on parole,
served under the same sentence for which the parolee
served the first term of parole. [Cases: Pardon and
Parole (;:::>72.1.] repeal, n. (16c) RESCIND (3); esp., abrogation of an
existing law by legislative act. [Cases: Statutes
149-170, 232.J repeal, vb.
express repeal. (17c) Repeal by specific declaration in
a new statute or main motion. [Cases: Statutes
151.]
implied repeal. (ISc) Repeal by irreconcilable conflict
between an old law or main motion and a more recent
law or motion. Also termed repeal by implication.
[Cases: Statutes (;=159.J
repeal by implication. See implied repeal.
repealer. 1. A legislative act abrogating an earlier law.
Also termed repealing act. [Cases: Statutes (;=149-170,
2. One who repeals.
repealing clause. (17c) A statutory provision that repeals
an earlier statute.
repealing statute. See STATUTE.
repeater. See RECIDIVIST.
repeat offender. See OFFENDER.
repetition. Civil law. A demand or action for restitution
or repayment. See SOLUTIO INDEBITI.
repetitum namium (ri-pet-d-t<lm nay-mee-dm). [Law
Latin] Hist. A second, repeated, or reciprocal distress;
WITHERNAM.
repetundae (rep-<l-t<ln-dee). [Latin "things or money
claimed back"] Roman law. See RES REPETUNDAE.
replacement cost. See COST (1).
replacement-cost depreciation method. See DEPRECIA
TION METHOD.
replacement insurance. See INSURANCE.
replead, vb. (l6c) 1. To plead again or anew; to file a new
pleading, esp. to correct a defect in an earlier pleading.
[Cases: Federal Civil Procedure (;:::> 1S38; Pretrial Pro
cedure (;=695.] 2. To make a repleader.
repleader (ree-plee-ddr). (17c) Common-law pleading. A
court order or judgment -issued on the motion of a
party who suffered an adverse judgment -requiring
the parties to file new pleadings because ofsome defect
in the original pleadings. Also termed judgment of
repleader. See MOTION FOR REPLEADER.[Cases: Pleading
C=>286.]
replegiare (ri-plee-jee-air-ee), vb. [Law Latin] Hist. To
take back on pledge or surety; to replevy.
repleviable (ri-plev-ee-d-b<ll), adj. (16c) Capable of
being replevied; recoverable by replevin <repleviable
property>. Also spelled replevisable (ri-plev-d-sd
b<ll). Cf. IRREPLEVIABLE. [Cases: Replevin (;:::>3.)
replevin (ri-pJev-in), n. (17c) 1. An action for the repos
session of personal property wrongfully taken or
detained by the defendant, whereby the plaintiff gives
security for and holds the property until the court
decides who owns it. Also termed claim and delivery.
[Cases: Replevin (;:::>1.) 2. A writ obtained from a court
authorizing the retaking of personal property wrong
fully taken or detained. -Also termed (in sense 2)

1414 replevin
writ ofreplevin. Cf. DETINUE; TROVER. [Cases: Replevin
(;=>34.)
"The action of replevin lies, where specific personal
property has been wrongfully taken and is wrongfully
detained, to recover possession of the property, together
with damages for its detention. To support the action it
is necessary' (a) That the property shall be personal. (b)
That the plaintiff, at the time of suit, shall be entitled to the
immediate possession. (c) That (at common law) the defen
dant shall have wrongfully taken the property (replevin in
the cepit). But, by statute in most states, the action will now
also lie where the property is wrongfully detained, though
it was lawfully obtained in the first instance (replevin in the
detinet). (d) That the property shall be wrongfully detained
by the defendant at the time of suit." Benjaminj. Shipman,
Handbook of Common-Law Pleading  49, at 120 (Henry
Winthrop Ballantine ed., 3d ed. 1923).
"In rare cases, the plaintiff might seek equitable relief to
secure return of a chattel. More commonly, the claim for
recovery of the chattel was pursued at common law under
forms of action such as Detinue or Replevin. American
statutes or court rules tracked the common law generally,
referring to the recovery variously as replevin, detinue,
claim-anddelivery, or sequestration. The statutes usually
allowed the plaintiff to recover the disputed chattel before
trial, though this is now subject to constitutional limits
which have led to procedural revisions in many of the
statutes." 1 Dan B. Dobbs, Law of Remedies  5.17(1), at
917 (2d ed. 1993).
personal replevin. (1844) At common law, an action
to replevy a person out of prison or out of another's
custody. - Personal replevin has been largely super
seded by the writ of habeas corpus as a means of
investigating the legality of an imprisonment. See
HABEAS CORPUS.
replevin in cepit (in see-pit). (18c) An action for the
repossession ofproperty that is both wrongfully taken
and wrongfully detained. [Cases: Replevin C::-9.]
replevin in detinet (in det-i-net). (18c) An action for the
repossession of property that is rightfully taken but
wrongfully detained. [Cases: Replevin C::-9.]
replevin, vb. Archaic. REPLEVY.
replevin bond, See BOND (2).
replevisable. See REPLEVIABLE.
replevisor (ri-plev-<'l-s<'lr). The plaintiff in a repleVin
action.
replevy (ri-plev-ee), n. Archaic. REPLEVIN.
replevy, vb. (16c) 1. To recover possession of (goods) by a
writ of replevin. [Cases: Replevin C::=> 1.J 2. To recover
(goods) by replevin. 3. Archaic. To bail (a prisoner).
replevy bond. See replevin bond under BOND (2).
repliant (ri-ph-<'lnt). (16c) A party who makes a replica
tion (Le., a common-law reply). -Also termed repli
cant.
replicare (rep-l<'l-kair-ee), vb. [Latin] Hist. To reply; to
answer a defendant's plea.
replicatio (rep-li-kay-shee-oh), n. [Latin] Roman law. A
plaintiff's rejection of what a defendant asserted in an
exceptio; a counterexception. PL replicationes (rep-li
kay-shee-oh-neez). Cf. TRIPLICATIO; QUADRUPLICA
no. replication (rep-l<'l-kay-sh<'ln). (lSc) A plaintiff's or com
plainant's reply to a defendant's plea or answer; REPLY
(2). [Cases: Pleading
anticipatory replication. Equity pleading. In an
original bill, the denial of defensive matters that the
defendant might assert. - A defendant who relies on
the anticipated defense must traverse the anticipatory
matter in addition to setting up the defense. [Cases:
Equity C::-133.)
general replication. Equity pleading. A replication con
Sisting ofa general denial of the defendant's plea or
answer and an assertion of the truth and sufficiency
of the bill. [Cases: Equity (;':::"207.J
replication de injuria. Common-law pleading. A
traverse occurring only in the replication whereby
the plaintiff is permitted to traverse the whole sub
stance of a plea consisting merely of legal excuse,
when the matter does not involve a title or interest in
land, authority oflaw, authority of fact derived from
the opposing party, or any matter of record. -Also
termed replication de injuria sua propria, absque tali
causa. [Cases: Pleading (;':=) 179.)
replication perfraudem. Common-law pleading. A rep
lication asserting that the discharge pleaded by the
defendant was obtained by fraud.
special replication. Equity pleading. A replication that
puts in issue a new fact to counter a new matter raised
in the defendant's plea or answer. [Cases: EquityC::
209.J
reply, n. (18c) 1. Civil procedure. In federal practice, the
plaintiff's response to the defendant's counterclaim
(or, by court order, to the defendant's or a third party's
answer). Fed. R. Civ. P. 7(a). [Cases: Federal Civil Proce
dure C::-80I-81S.]2. Common-law pleading.1he plain
tiff's response to the defendant's plea or answer. -The
reply is the plaintiff's second pleading, and it is followed
by the defendant's rejoinder. Also termed (in sense
2) replication. [Cases: Pleading C::-162, 164.] -reply,
vb.
reply brief. See BRlEF.
repo (ree-poh). 1. REPOSSESSION. 2. REPURCHASE AGREE
MENT.
report, n. (14c) 1. Aformal oral or written presentation
offacts or a recommendation for action <according to
the treasurer's report, there is $300 in the bank>.
committee report. Parliamentary law. A report from
a committee to a deliberative assembly on business
referred to the committee or on a matter otherwise
under its charge.
informational report. Parliamentary law. A report
without a recommendation for action.
insider report. Securities. A monthly report that must
be filed with the SEC when more than 10% of a com
pany's stock is traded.
majority report. Parliamentary law. A committee
report, as distingUished from a minority report. See
committee report. Cf. minority report.

1415
minority report. Parliamentary law. A report by a
member or members who dissent from a commit
tee report, setting forth their views, and sometimes
proposing an alternative recommendation . Some
organizatiom require that a minority must reach a
certain size (or obtain permission) before it can file a
report. A typical minimum is one-fourth ofthe com
mittee's members, which guarantees that not more
than one minority report will result.
officer's report. Parliamentary law. A report from an
officer to an organization or deliberative assembly on
business relating to the officer's duties or on a matter
otherwise under the officer's charge.
report with recommendation. Parliamentary law.
A report accompanied by a recommendation for
action.
2. A written account of a court proceeding and
judicial decision <the law clerk sent the court's report
to counsel for both sides>. [Cases: Courts 103.] 3.
(usu. pl.) A published volume of judicial decisions by
a particular court or group of courts <u.s. Reports> .
 Generally, these decisions are first printed in tem
porary paperback volumes, and then printed in hard
bound reporter volumes. Law reports may be either
official (published by a government entity) or unoffi
cial (published by a private publisher). Court citations
frequently include the names of both the official and
unofficial reports. -Also termed reporter; law report;
law reporter. Cf. ADVANCE SHEETS. [Cases: Courts (::::>
103; Reports
official report. (usu. pI.) The governmentally approved
set of reported cases within a jurisdiction.
[Cases: Courts 103; Reports
"[lIt may justly be said that all reports are in a sense
'official,' or that to use the term 'official reports' as refer
ring to any particular series of reports is a misnomer, for
it is certainly misleading. The mere fact that each state
authorizes or requires publication of reports of its Supreme
Court decisions, and, to insure such publication, agrees to
purchase a stated number of each volume of the reports,
cannot be said to give such a series pre-eminence as an
'official' publication," William M. Lile et aI., Brief Making
and the Use ofLaw Books 33 (3d ed. 1914).
4. (usu. pl.) A collection of administrative decisions by
one or more administrative agencies. [Cases: Adminis
trative Law and Procedure (::::>507.]5. MINUTES (2).
Abbr. rep. -report, vb.
report agenda. See report calendar under CALENDAR
(4).
report calendar. See CALENDAR (4).
reporter. (14c) 1. A person responsible for making and
publishing a report; esp., a lawyer


4).
reporter. (14c) 1. A person responsible for making and
publishing a report; esp., a lawyer-consultant who
prepares drafts of official or semi-official writings
such as court rules or Restatements <the reporter to the
Advisory Committee on Bankruptcy Rules explained
the various amendments>. [Cases: Reports (::::>3.J 2.
REPORTER OF DECISIONS. 3. REPORT (3) <Supreme
Court Reporter>. -Abbr. rep.; rptr.
"It may not come amiss to remark that the National Report
System is usually spoken of as the 'Reporters,' and one representation
of the component parts of that system is in like manner
spoken of as a 'Reporter.' Wherever, in this or the succeed
ing chapters of this work, the word is used with a capital, it
refers to one or more of the parts of the National Reporter
System. When the word 'reporter' is used without capital
ization, it refers to the person who reports or edits the
cases in any series of reports to which reference is being
made." William M. Lile et aI., Brief Making and the Use of
Law Books 37 (3d ed, 1914).
reporter of decisions. (1839) Ihe person responsible for
publishing a court's opinions . The position began
historically -in the years before systematic reporting
of decisions was introduced -when lawyers attended
the sessions ofparticular courts, were accredited to
them by the judges, and reported the decisions ofthat
court. Today, the reporter of decisions holds an admin
istrative post as a court employee. The reporter often
has duties that include verifying citations, correcting
spelling and punctuation, and suggesting minor edito
rial improvements before judicial opinions are released
or published. -Often shortened to reporter. -Also
termed court reporter. See COURT REPORTER. [Cases:
Courts <8:::> 103; Reports
reporter's privilege. See journaliSt's privilege (1) under
PRIVILEGE (3).
reporter's record. 1. See RECORD. 2. See TRANSCRIPT.
reporter's syllabus. See HEADNOTE.
reporting company. See COMPANY.
report ofproceedings. See TRANSCRIPT.
reports, n. See REPORT.
Reports, The. A series of13 volumes of caselaw published
in the 17th century by Sir Edward Coke.
report with recommendation. See REPORT (1).
repose (ri-pohz), n. (16c) 1. Cessation of activity; tem
porary rest. 2. A statutory period after which an action
cannot be brought in court, even ifit expires before the
plaintiff suffers any injury. See STATUTE OF REPOSE.
[Cases: Limitation of Actions 165.]
repository (ri-poz-a-tor-ee). (15c) A place where some
thing is deposited or stored; a warehouse or store
house.
repossession, n. (15c) The act Of an instance ofretaking
property; esp., a seller's retaking ofgoods sold on credit
when the buyer has failed to pay for them. Often
shortened to repo. Cf. FORECLOSURE; RESCUE (3).
[Cases: Secured Transactions C-=>228.] -repossess,
vb.
representation, n. (16c) 1. A presentation offact -either
by words or by conduct made to induce someone to
act, esp. to enter into a contract; esp., the manifestation
to another that a fact, including a state of mind, exists
<the buyer relied on the seller's representation that the
roof did not leak>. Cf. MISREPRESENTATION. [Cases:
I'raud
"Representation ... may introduce terms into a contract
and affect performance: or it may induce a contract and so
affect the intention of one of the parties, and the formation
of the contract.. , . At common law, . , , if a representa
tion did not afterwards become a substantive part of the

1416 representation, estoppel by
contract, its untruth (save in certain excepted cases and
apart always from fraud) was immaterial. But if it did. it
might be one of two things: (I) it might be regarded by
the parties as a vital term going to the root of the contract
(when it is usually called a 'condition'); and in this case its
untruth entitles the injured party to repudiate the whole
contract; or (2) it might be a term in the nature only of an
independent subsidiary promise (when it is usually called a
'warranty'), which is indeed a part of the contract, but does
not go to the root of it; in this case its untruth only gives
rise to an action ex contractu for damages, and does not
entitle the injured party to repudiate the whole contract."
William R. Anson, Principles ofthe Law ofContract 218, 222
(Arthur L. Corbin ed., 3d Am. ed. 1919).
affirmative representation. (1842) A representation
asserting the existence ofcertain facts to
a given subject matter. [Cases: Contracts
Fraud C:~)9.)
false representation. See MISREPRESENTATION.
material representation. (lBc) A representation to
which a reasonable person would attach importance
in deciding his or her course of action in a transac
tion. Material representation is a element
of an action for fraud, [Cases: Contracts
Fraud C=::' lB.)
promissory representation. (1842) A representation
about what one will do in the future; esp" a repre
sentation made by an insured about what will happen
during the time of coverage, stated as a matter
of expectation and amounting to an enforceable
promise, [Cases: Fraud C=:) 12; Insurance
2. The act or an instance of standing for or acting on
behalf of another, esp, by a lawyer on behalf ofa client
<Clarence Darrow's representation ofJohn
[Cases: Attorney and Client C=:'>77-lOl.J
concurrent representation. The simultaneous repre
sentation ofmore than one person in the same matter,
See CONFLICT OF INTEREST (2),
3. The fact ofa litigant's having such a close alignment
of interests with another person that the other is con
sidered as having been present in the litigation <the
named plaintiff provided adequate representation for
the absent class members>,
adequate representation. (1939) A close alignment of
interests between actual parties and potential parties
in a lawsuit, so that the interests of potential parties
are sufficiently protected by the actual parties . The
concept of adequate representation is often used in
procedural contexts, For example, if a case is to be
certified as a class action, there must be adequate rep
resentation by the named plaintiffs ofall the poten
tial class members. Fed. R, eiv. P. 23(a)(4), And if a
nonparty is to intervene in a lawsuit, there must not
already be adequate representation of the nonparty
by an existing party, Fed, R. Civ. P, 24(a)(2), [Cases:
Federal Civil Procedure 164, 316; Parties
35.13,41,J
virtual representation. (1934) A party's maintenance
of an action on behalf ofothers with a similar interest,
as a class representative does in a class action, See VIRTUAL-REPRESENTATION DOCTRINE. lCases:
Federal Civil Procedure 103,2, 163; Judgment
Parties
4. The assumption by an heir ofthe rights ofhis or her
predecessor <each child takes a share by representa
tion>, See PER STIRPES, [Cases: Wills G=550,)5. (usu,
pi,) InCllaw, A friendly but firm statement of a per
ceived wrong,  This is the mildest form ofcomplaint
that one nation can make to another. -Also termed
diplomatic representation. -represent, vb.
"Representations are in the nature of vigorous arguments
employed in the hope of securing a modification of the
action complained of withom implying necessarily or
expressly an intention ultimately to seek redress by more
vigorous means," Ellery C. Stowell, International Law: A
Restatement ofPrinciples in Conformity with Actual Practice
427 (1931).
representation, estoppel by. See estoppel by representa
tion under ESTOPPEL.
representation election. See ELECTIO~ (3).
representative, n, (17c) 1. One who stands for or acts on
behalf of another <the owner was the football team's
representative at the labor negotiations>. See AGENT (2).
[Cases: Principal and Agent C=> L]
accredited representative. (1846) A person with des
ignated authority to act on behalf of another person,
group, or organization, usu, by being granted that
authority by law or by the rules ofthe group or orga
nization <as an officer of the union, she was the
accredited representative of the employees in the
wage dispute>,
class representative. (1942) A person who sues on
behalf of a group of plaintiffs in a class action. -Also
termed named plaintiff. See CLASS ACTION, [Cases:
Federal Civil Procedure C=> 164; Parties (;:::::> 35.13.]
independent personal representative. See personal
representative.
lawful representative. (l7c) 1. A legal heir. 2. An
executor, administrator, or other legal representa
tive, -Also termed legal representative, See personal
representative, [Cases: Executors and Administrators
(;:::::> 14-18,)
legal-personal representative. (l8c) L When used by
a testator referring to personal property, an executor
or administrator. [Cases: Executors and Administra
tors (;:::::> 14-18.] 2, When used by a testator referring
to real property, one to whom the real estate passes
immediately upon the testator's death, 3. When used
concerning the death ofa mariner at sea, the public
administrator, executor, or appointed administrator
in the seaman's state ofresidence.
legal representative. 1. See lawful representative, 2. See
personal representative.
personal representative. (l8c) A person who manages
the legal affairs of another because of incapacity
or death, such as the executor ofan estate . Tech
nically, an executor is a personal representative
named in a will, while an administrator is a personal

1417
representative not named in a will. -Also termed
independent personal representative; legal represen
tative. [Cases: Executors and Administrators ~,
14-18.)
registered representative. (1945) A person approved
by the SEC and stock exchanges to sell securities to
the public. Formerly also termed customer's man;
customer's person. [Cases: Securities Regulation
40.12-40.14.)
2. A member of a legislature, esp. of the lower house
<one senator and one representative attended the
rally>. [Cases: States C=c28.] -Abbr. rep.
representative action. (1911) 1. CLASS ACTION. 2. DERIV
ATIVE ACTION (1).
representative capacity. See CAPACITY (1).
representee. One to whom a representation is made.
"First, where the representor can show that he was not
negligent, he will not be liable under the 1967 Act; and
secondly, where the representee wants to claim damages at
the contractual rate, for loss of his bargain, it may be that
the Misrepresentation Act will not suffice." P.S. Atiyah, An
Introduction to the Law ofContract 165 (3d ed. 1981).
representor. One who makes a representation.
"[I]t is arguable that even where a contracting party does
not intend to guarantee the accuracy of what he says, the
other party is at least entitled to assume that due care has
been taken by the representor." P.S. Atiyah, An Introduction
to the Law ofContract 309 (3d ed. 1981).
repressed-memory syndrome. A memory disorder char
acterized by an intermittent and extensive inability to
recall important personal information, usu. following
or concerning a traumatic or highly stressful occur
rence, when the memory lapses cannot be dismissed as
normal forgetfulness. -The theoretical basis for this
syndrome was proposed by Sigmund Freud in 1895.
lhe American Psychiatric Association has recognized
the syndrome officially by the medical term dissocia
tive amnesia. Although the APA has affirmed that some
people suffering partial or total dissociative amnesia
may later recover some or all ofthe memory of the trau
matic or stressful event, the existence ofthe syndrome
is controversial. Some studies indicate that "repressed"
memories, at least in some patients, may be a product
ofsuggestions made by mental-health therapists rather
than of any actual experience. Abbr. RMS. Also
termed recovered-memory syndrome; dissociative
amnesia. Cf. FALSE-MEMORY SYNDROME.
repressive tax. See sin tax under TAX.
reprieve (ri-preev), n. (l6c) Temporary postponement
ofthe carrying out of a criminal sentence, esp. a death
sentence. Cf. COMMUTATION (2); PARDON. [Cases:
Pardon and Parole -reprieve, vb.
'The term reprieve is derived from reprendre, to keep
back, and signifies the withdrawing of the sentence for
an interval of time, and operates in delay of execution."
1 Joseph Chitty, A Practical Treatise on the Criminal Law
757 (2d ed, 1826).
reprimand, n. (17c) In professional responsibility, a form
of disciplinary action -imposed after trial or formal reprise
charges -that declares the lawyer's conduct improper
but does not limit his or her right to practice law; a
mild form of lawyer discipline that does not restrict
the lawyer's ability to practice law. [Cases: Attorney and
Client (;::59.7,59.8.] reprimand, vb.
private reprimand. An unpublished communica
tion between a diSciplinary agency and a wrongdo
ing attorney, admonishing the attorney about the


lished communica
tion between a diSciplinary agency and a wrongdo
ing attorney, admonishing the attorney about the
improper conduct. -Sometimes a published repri
mand that does not identify the lawyer by name is
considered a private reprimand. [Cases: Attorney and
Client C=c59.7.]
public reprimand. A published notice, appearing usu.
in a legal newspaper or bar journal, admonishing
the attorney about improper conduct and describ
ing the impropriety for the benefit of other members
of the legal profession. [Cases: Attorney and Client
C=c59.8.]
reprisal (ri-prI-zdl). 1. (often pl.) Int'llaw. 1be use of
force, short ofwar, against another country to redress
an injury caused by that country. [Cases: War and
National Emergency <~::>12.]
'''Reprisals' is a word with a long history, and modern
writers are not agreed on the meaning which should be
given to it today. Literally and historically it denotes the
seizing of property or persons by way of retaliation, .,
Reprisals when they are taken today are taken by a state,
but some writers would still limit the word to acts of
taking or withholding the property of a foreign state or its
nationals, for example by an embargo, whilst others would
abandon the historical associations and use it to denote
any kind of coercive action not amounting to war whereby
a state attempts to secure satisfaction from another for
some wrong which the latter has committed against it." J.L.
Brierly, The Law ofNations 321-22 (5th ed. 1955).
general reprisal. A reprisal by which a nation directs
all its military officers and citizens to redress an
injury caused by another nation. -An example is
a command to seize the property of the offending
nation wherever it is found.
negative reprisal. A reprisal by which a nation refuses
to perform an obligation to another nation, such as
the fulfillment ofa treaty.
positive reprisal. A reprisal by which a nation forcibly
seizes another nation's property or persons.
special reprisal. A reprisal by which a nation autho
rizes an aggrieved private citizen to redress an injury
caused by another nation. -An example is an autho
rization for a private citizen to seize a particular vessel
ofthe offending nation. See LETTERS OF MARQUE.
2. (often pl.) Int'llaw. An act of forceful retaliation
for injury or attack by another country; formerly, in
war, the killing ofprisoners in response to an enemy's
war crimes (now unlawful). Cf. RETORSION. 3. Anv act
or instance of retaliation, as by an employer ag~inst
a complaining employee. [Cases: Labor and Employ
ment C=c77L]
reprise (ri-pnz), n. An annual deduction, duty, or
payment out of a manor or estate, such as an annuity.

1418 reprobation
reprobation (rep-ra-bay-sh.:m). The act of raising an
objection or exception, as to the competency of a
witness or the sufficiency ofevidence. reprobation
ary (rep-rd-bay-sh<l-ner-ee), reprobative (rep-fa-bay
tiv), adj. reprobate (rep-ra-bayt), vb.
reprobator (rep-ra-bay-tar). Scots law. Rist. A challenge
to disqualify a witness or to invalidate the testimony
of an objectionable witness. Also termed action of
reprobator.
reproduction right. Copyright. A copyright holder's
exclusive right to make copies or phonorecords of the
protected work.  Unauthorized copying constitutes
infringement. Also termed right of reproduction.
[Cases: Copyrights and Intellectual PropertyC=36.]
reproductive rights. A person's constitutionally pro
tected rights relating to the control ofhis or her pro
creative activities; specif., the duster of civil liberties
relating to pregnancy, abortion, and sterilization, esp.
the personal bodily rights of a woman in her decision
whether to become pregnant or bear a child. The
phrase includes the idea of being able to make repro
ductive decisions free from discrimination, coercion, or
violence. Human-rights scholars increasingly consider
many reproductive rights to be protected by interna
tional human-rights law. [Cases: Civil Rights
1029.]
republic, n. A system ofgovernment in which the people
hold sovereign power and elect representatives who
exercise that power. It contrasts on the one hand
with a pure democracy, in which the people or commu
nity as an organized whole wield the sovereign power
of government, and on the other with the rule of one
person (such as a king or dictator) or of an elite group
(such as an oligarchy, aristocracy, or junta). Abbr.
rep. Cf. DEMOCRACY. republican, adj.
"A republic is a government which (a) derives all of its
powers directly or indirectly from the great body of the
people and (b) is administered by persons holding their
office during pleasure, for a limited period, or during good
behavior." Robert A. Dahl, A Preface to Democratic Theory
10 (1956).
republican government. See GOVERNMENT.
republication, n, (18c) I. 'Ihe act or an instance ofpub
lishing again or anew. 2. Wills & estates. Reestablish
ment ofthe validity of a previously revoked will by
repeating the formalities of execution or by using a
codiciL. The result is to make the old will effective
from the date of republication. Also termed revali
dation. Cf. REVIVAL (2). [Cases: Wills 196-202.J
3. Defamation. The act or an instance of repeating or
spreading more widely a defamatory statement.
republish, vb.
repudiate, vb. (16c) 1. To reject or renounce (a duty or
obligation); esp., to indicate an intention not to perform
(a contract), [Cases: Contracts 2. Rist. To
divorce or disown (one's wife).
repudiatee (ri-pyoo-dee-a-tee). A party to a contract
that has been repudiated by the other party. [Cases:
Contracts C:::>313.J repudiation (ri-pyoo-dee-ay-shan), n. (16c) 1. Eccles.
law. Rare. A person's refusal to accept a benefice. 2. A
contracting party's words or actions that indicate an
intention not to perform the contract in the future; a
threatened breach of contract. Cf. REJECTION (1), (2);
RESCISSION; REVOCATION (1). [Cases: Contracts C:::>
313(2).] repudiatory (ri-pyoo-dee-a-tor-ee), repudi
able (ri-pyoo-dee-a-b31), adj.
"A repudiation is (a) a statement by the obligor to the
obligee indicating that the obligor will commit a breach
that would of itself give the obligee a claim for damages
for total breach ... , or (b) a voluntary affirmative act
which renders the obligor unable or apparently unable to
perform without such a breach." Restatement (Second) of
Contracts  250 (1979).
"In order to constitute a repudiation, a party's language
must be sufficiently positive to be reasonably inter
preted to mean that the party will not or cannot perform.
Mere expression of doubt as to his Willingness or ability
to perform is not enough to constitute a repudiation,
although such an expression may give an obligee rea
sonable grounds to believe that the obligor will commit
a seriOUS breach and may ultimately result in a repUdia
tion .... However, language that under a fair reading
'amounts to a statement of intention not to perform except
on conditions which go beyond the contract' constitutes
a repudiation." Restatement (Second) of Contracts  250,
cmt. b (1979).
anticipatory repudiation. (1913) Repudiation of a con
tractual duty before the time for performance, giving
the injured party an immediate right to damages for
total breach, as well as discharging the injured party's
remaining duties ofperformance . This type ofrepu
diation occurs when the promisor unequivocally
disavows any intention to perform when the time for
performance comes. Once the repudiation occurs,
the nonrepudiating party has three options: (I) treat
the repudiation as an immediate breach and sue for
damages; (2) ignore the repudiation, urge the repu
diator to perform, wait for the specified time ofper
formance, and sue if the repudiating party does not
perform; or (3) cancel the contract. Also termed
renunciation. See anticipatory breach under BREACH
OF CONTRACT. [Cases: Contracts
The Restatement lists three actions that constitute anticipa'
tory repudiation: "(a) a positive statement to the promisee
or other person having a right under the contract, indi
cating that the promisor will not or cannot substantially
perform his contractual duties; (b) transferring or contract
ing to transfer to a third person an interest in specific land,
goods, or in any other thing essential for the substantial
performance of his contractual duties; (c) any voluntary
affirmative act which renders substantial performance of
his contractual duties impossible, or apparently impos
sible." Restatement (Second) of Contracts  318 (1979).
total repudiation. (1859) An unconditional refusal by
a party to perform the acts required by a contract.
 This type of repudiation justifies the other party
in refraining from performance. [Cases: Contracts
C=313.]
repudiator (ri-pyoo-dee-ay-t<lr). One who repudiates;
esp., a party who repudiates a contract. [Cases: Con
tracts C:::>313.]

1419
repudium (ri-pyoo-dee-dm), n. [Latin] Roman law. The
revocation of betrothal or marriage by either the man
or the woman. _ After Augustus, it was necessary to
send the other spouse a letter of repudiation in order
to terminate the marriage. Cf. DIVORTlUM.
repugnancy (ri-Pdg-ndn-see). (1865) An inconsistency
or contradiction between two or more parts of a legal
instrument (such as a contract or statute). [Cases: Con
tracts (;::::; 162; Statutes (;::::;207.J
repugnant (ri-pag-n;:mt), adj. (14c) Inconsistent or irrec
oncilable with; contrary or contradictory to <the court's
interpretation was repugnant to the express wording of
the statute>.
repugnant verdict. See VERDICT.
repurchase, n. The act or an instance of buying some
thing back or again; esp., a corporation's buying back
ofsome or all ofits stock at market price. See REDEMP
TION. [Cases: Corporations 120.]-repurchase,
vb.
repurchase agreement. A short-term loan agreement by
which one party sells a security to another party but
promises to buy back the security on a specified date
at a specified price. -Often shortened to repo. [Cases:
Corporations (;::::;82, 120.J
repurchase price. See redemption price under PRICE.
reputation, n. (14c) The esteem in which a person is held
by others. -Evidence of reputation may be introduced
as proof of character whenever character evidence is
admissible. Fed. R. Evid. 405. -Also termed personal
reputation. See character evidence under CHARACTER.
[Cases: Criminal Law Evidence (;::::; 106; Wit
nesses (;::::;338.J reputationaI, adj.
reputational evidence. See reputation evidence under
EVIDENCE.
reputation evidence. See EVIDENCE.
reputed manor. See MANOR.
request, n. Parliamentary law. A motion by which a
member invokes a right, seeks permission for the
exercise ofa privilege, or asks a question. Cf. MOTION
(2); DEMAND (2); INQUIRY (2); POINT (2).
requestfor leave to modify a motion. See request for
permission to modify a motion.
request for leave to withdraw a motion. See request for
permission to withdraw a motion.
requestfor permission to modify a motion. A motion
by which the mover seeks an amendment to his or
her own motion after the chair has stated the motion.
-1ne mover controls a motion only until the chair
states the question. After that, the motion belongs to
the assembly and the mover cannot modify it without
the assembly's permission. See friendly amendment
under AMENDMENT (3). -Also termed request for
leave to modify a motion.
request for permission to withdraw a motion. A
motion by the mover to end consideration of the
motion without reaching a decision on its merits. See request for proposal
request for permission to modify a motion. -Also
termed request for leave to withdraw a motion.
request to be excused from a duty. A motion seeking
relief from a duty that an officer or other member has
been charged with.
request to read papers. 1. A motion asking permis
sion to read aloud from printed matter. Reading
aloud is generally not allowed without permission.
2. A motion asking that the chair or secretary read
aloud a document for the mover's or the assembly's
information.
request for admission. (1939) Civil procedure. In pretrial
discovery, a party's written factual statement served
on another party who must admit, deny, or object to
the substance of the statement. _ Ordinarily, many
requests for admission appear in one document. The
admitted statements, along with any statements not
denied or objected to, will be treated by the court as
established and therefore do not have to be proved at
trial. Fed. R. Civ. P. 36. Abbr. RFA. Also termed
request for admissions; request to admit; notice to admit.
[Cases: Federal Civil Procedure (;::::; 1671; Pretrial Pro
cedure (~='471.]
request for continued examination. Patents. A means of
negating the final action on a patent so that the appli
cant