request for continued examination. Patents. A means of
negating the final action on a patent so that the appli
cant can file amendments, new claims, etc. to show that
the invention is patentable as of the original applica
tion date . Unlike a continuation application, a request
for continued examination keeps a patent alive as ifno
final decision had been made. It allows prosecution of
claims that have been rejected in a final office action
to continue. -Abbr. RCE. Cf. CONTINUATION. [Cases:
Patents (;::::; 104.J
request for instructions. (1942) Procedure. During trial,
a party's written request that the court instruct the jury
on the law as set forth in the request. See Fed. R. Civ.
P.51. Abbr. RFI. -Also termed request to charge.
[Cases: Federal Civil Procedure C=;)2176; Trial (:~
259.]
request for leave to withdraw a motion. See REQUEST.
request for leave to modify a motion. See REQUEST.
request for permission to withdraw a motion. See
REQUEST.
request for permission to modify a motion. See
REQUEST.
request for production. (1944) Procedure. In pretrial
discovery, a party's written request that another party
provide specified documents or other tangible things
for inspection and copying. Fed. R. Civ. P. 34. Abbr.
RFP. Also termed document request; request for pro
duction ofdocuments; notice to produce; demand for
document inspection. [Cases: Federal Civil Procedure
1551; Pretrial Procedure (;::::;331.]
request for proposal. An invitation to prospective sup
pliers or contractors to submit proposals or bids to
provide goods or services . Unlike most invitations for
bids, an RFP requires bidders to give more information

1420 request for reconsideration
than the proposed price. For instance, bidders may
have to provide evidence of good financial condition,
acceptable technical capability, stock availability, and
customer satisfaction. -Abbr. RFP. [Cases: Municipal
Corporations 0=>238; Public Contracts States
0=>98; United States ~64.25.]
request for reconsideration. Patents. An applicant's
submission offurther arguments after a patent claim's
rejection. [Cases: Patents C=c104.)
request for reexamination. Patents. A formal process of
asking the Patent and Trademark Office to review an
in~forcepatent's validity in light ofprior~art references.
-Anyone, including the patent owner or an infringer,
may request a patent's reexamination. [Cases: Patents
~140.)
request for relief. See PRAYER FOR RELIEF.
request to admit. See REQUEST FOR ADMISSION.
request to be excused from a duty. See REQUEST.
request to charge. See REQUEST FOR INSTRUCTIONS.
request to read papers. See REQUEST.
required~records doctrine. (1945) The principle that
the privilege against self-incrimination does not apply
when one is being compelled to produce business
records that are kept in accordance with government
regulations and that involve public aspects. -Some
courts have held that certain medical records and
tax forms fall within this doctrine and are thus not
protected by the privilege against self-incrimination.
[Cases: Witnesses (:=0298.)
required-request law. A law mandating that hospital
personnel discuss with a deceased patient's relatives the
possibility of an anatomical gift. -The Uniform Ana
tomical Gift Act (not in effect in some states) mandates
a required-request law. [Cases: Dead Bodies
required reserve. See RESERVE.
requirement for division. See RESTRICTION (4).
requirement for restriction. See RESTRICTION (4).
requirements contract. See CONTRACT.
requirements testing. See ACCEPTANCE TESTING.
requisition (rek-w;l-zish-;m), n. 1. An authoritative,
formal demand <a state governor's requisition for
another state's surrender ofa fugitive>. [Cases: Extra
dition and Detainers C=c34.] 2. A governmental seizure
of property <the state's requisition of the shopping
center during the weather emergency>. See TAKING
(2). -requisition, vb.
requisitionist. One who makes a formal demand (as
for the performance of an obligation or the return ofa
fugitive). See REQUISITION (1).
requisitory letter. See LETTER OF REQUEST.
rere-county (reer-kown-tee). Hist. A subsidiary English
county court held by the sheriff on the day after the
regular county court. Also spelled rere county; rier
county.
re-refer. See REFER. res (rays or reez or rez), n. [Latin "thing"] (17c) 1. An
object, interest, or status, as opposed to a person <juris
diction of the res the real property in Colorado>.
[Cases: Courts 0=> 16.]2. The subject matter ofa trust;
CORPUS (1) <the stock certificate is the res ofthe trust>.
[Cases: Trusts C=c 1.) Pi. res.
res accessoria (rays ak-ses-or-ee-a). [Latin] Civil law. An
accessory thing; a thing that is related to a principal
thing. PI. res accessoriae.
res adjudicata (rays a-joo-di-kay-ta or -kah-t;l). See RES
JUDICATA.
resale, n. (17c) 1. The act ofselling goods or property
previously sold to a buyer who breached the sales
contract to someone else. UCC  2706. [Cases: Sales
C-J 332-339.)2. A retailer's selling ofgoods, previously
purchased from a manufacturer or wholesaler, usu. to
consumers or to someone else further down the chain
ofdistribution. resell, vb.
resale-price maintenance. A form of price-fixing in
which a manufacturer forces or persuades several dif
ferent retailers to sell the manufacturer's product at
the same price, thus preventing competition. -Resale
price maintenance is not per se illegal under antitrust
law, but it is illegal ifit produces anticompetitive effects
under the rule ofreason. A manufacturer may suggest
a retail price as long as it does not compel retailers to
sell at that price. See RULE OF REASON; vertical price
fixillgunder PRICE-FIXING. Antitrust and Trade
Regulation
res aliena (rays ay-Iee-ee-na or al-ee-). [Latin] Archaic.
The property belonging to another.
res alienari prohibita (rays ay-lee-J-nair-I proh-hib
i-t;l). [Law Latin] Hist. A thing that cannot be alien
ated.
res aliena scienter legata (rays ay-Iee-ee-nJ [or al-ee-]
SI-en-tar la-gay-ta). [Latin] Hist. The property of
another knowingly bequeathed that is, property
that a testator did not own but purported to bequeath
by will.
res caduca (rays b-d[y]oo-ka). [Latin] Civil law. A fallen
thing; an escheat. PI. res caducae.
resceit (ri-seet). Hist. The admittance of an interested
third party to plead in a case between two others; inter
vention.
rescind (ri-sind), vb. (17c) 1. To abrogate or cancel (a
contract) unilaterally or by agreement. [Cases: Con
tracts C=c249.] 2. To make void; to repeal or annul
<rescind the legislation>. 3. Parliamentary law. To void,
repeal, or nullify a main motion adopted earlier.
Also termed annul; repeal. rescindable, adj.
rescind and expunge. See EXPUNGE (2).
rescissio (ri-sis[h)-ee-oh). [Latin] Civil law. Annulment
or voidance of a juridical act; rescission. PI. rescis
siones.
rescission (ri-sizh-an), n. (17c) 1. A party's unilateral
unmaking of a contract for a legally sufficient reason,
such as the other party's material breach, or a judgment

1421
rescinding the contract; VOIDAKCE . Rescission is
generally available as a remedy or defense for a non
defaulting party and is accompanied by restitution of
any partial performance, thus restoring the parties to
their precontractual positions. Also termed avoid
ance. [Cases: Contracts G='249.] 2. An agreement by
contracting parties to discharge all remaining duties
of performance and terminate the contract. -Also
spelled recision; recission. -Also termed (in sense 2)
agreement ofrescission; mutual rescission; abandon
ment. Cf. REJECTION (2); REPUDIATION (2); REVOCATION
(1). [Cases: Contracts G=252.] -rescissory (ri-sis-<l
ree or ri-siz-), adj.
"The [UCCI takes cognizance of the fact that the term
'rescission' is often used by lawyers, courts and business
men in many different senses; for example, termination
of a contract by virtue of an option to terminate in the
agreement, cancellation for breach and avoidance on the
grounds of infancy or fraud. In the interests of clarity of
thought -as the consequences of each of these forms
of discharge may vary the Commercial Code carefully
distinguishes three circumstances. 'Rescission' is utilized
as a term of art to refer to a mutual agreement to discharge
contractual duties. 'Termination' refers to the discharge
of duties by the exercise of a power granted by the agree
ment. 'Cancellation' refers to the putting an end to the
contract by reason of a breach by the other party. Section
2-720, however, takes into account that the parties do not
necessarily use these terms in this way." John D. Calamari
&Joseph M. Perillo, The Law ofContracts  21-2. at 864-65
(3d ed. 1987).
equitable rescission. (1889) Rescission that is decreed
by a court of equity. [Cases: Cancellation of Instru
ments (;::; 1.]
legal rescission. (1849) 1. Rescission that is effected by
the agreement ofthe parties. [Cases: Contracts C=>
251.] 2. Rescission that is decreed by a court oflaw, as
opposed to a court ofequity.
"The modern tendency is to treat reSCission as equitable,
but rescission was often available at law. If plaintiff had
paid money, or had delivered goods. he could rescind by
tendering whatever he had received from defendant and
suing at law to recover his money or replevy his goods.
But if he had delivered a promissory note or securities,
or conveyed real estate, rescission required the court to
cancel the instruments or compel defendant to reconvey.
This relief was available only in equity. Many modern courts
ignore the distinction .... But versions of the distinction
are codified in some states:' Douglas Laycock, Modern
American Remedies 627-28 (3d ed. 2002).
rescissory action. See ACTION (4).
rescissory damages. See DAMAGES.
res communes (rays k<l-myoo-neez), n. pl. [Latin
"common things"] Civil law. Things common to all;
things that cannot be owned or appropriated, such as
light, air, and the sea. La. Civ. Code art. 449.
res controversa (rays kon-tra-var-sa). [Latin] Civil law.
A matter in controversy; a pOint in question_ PI. res
controversae.
res coronae (rays k<l-roh-nee), n. pl. [Latinl Hist. Things
ofthe Crown, such as ancient manors, homages of the
king, and liberties. rescue syndrome
res corporales (rays kor-pa-ray-Ieez), n. pI. [Latin] Civil
law. Corporeal things; tangible things that are percep
tible to the senses. La. Civ. Code art. 461. See corporeal
thing under THING.
rescous (res-kas). 1. RESCUE (2). 2. RESCUE (3).
rescript (ree-skript), n. (I7c) 1. A judge's written order
to a court clerk explaining how to dispose ofa case. 2.
An appellate court's written decision, usu. unsigned,
that is sent down to the trial court. [Cases: Appeal and
Error C=> 1192; Criminal Law y 1192; Federal Courts
(;:::")949.] 3. A Roman emperor's or a Pope's written
answer to a legal inquiry or petition. Cf. PRECES.
Also termed (when the reply is to a private citizen)
annotation; subnotation; subscription; (when the reply
is to an official body) epistle. 4. A duplicate or counter
part; a rewriting.
rescue, n. (14c) 1. The act or an instance of saving or
freeing someone from danger or captivity. 2. The
forcible and unlawful freeing of a person from arrest
or imprisonment. [Cases: Rescue C=>1.1
"A rescue signifies a forcible setting at liberty, against law,
of a person duly arrested. It is necessary, that the rescuer
should have knowledge that the person whom he sets at
liberty has been apprehended for a criminal offence. if he
be in the custody of a private person; but if he be under
the care of an officer. then he is to take notice of it at his
periL" 1 Joseph Chitty, A Practical Treatise on the Criminal
Law62 (2d ed. 1826).
3. The forcible retaking by the owner ofgoods that have
been lawfullv distrained. Also termed (in senses 2 &
3) rescous. C REPOSSESSION. 4. lnt'llaw. The retaking
of a prize by persons captured with it, so that the
property is legally restored to its original owner. See
POSTLI


aking
of a prize by persons captured with it, so that the
property is legally restored to its original owner. See
POSTLIMINIUM (3). rescue, vb.
rescue clause. See SUE-AND-LABOR CLAUSE.
rescue doctrine. (1926) Torts. 'The principle that a tort
feasor who negligently endangered a person is liable
for injuries to someone who reasonably attempted to
rescue the person in danger. The rationale for this
doctrine is that an attempted rescue of someone in
danger is always foreseeable. Thus, if the tortfeasor
is negligent toward the rescuee, the tortfeasor is also
negligent toward the rescuer. Also termed danger
invites-rescue doctrine. Cf. EMERGENCY DOCTRINE;
GOOD SAMARITAK DOCTRINE. [Cases: Negligence C=>
510(3).]
"Danger invites rescue. The cry of distress is the summons
to relief. The law does not ignore these reactions of the
mind in tracing conduct to its consequences. It recognizes
them as normal. It places their effects within the range of
the natural and probable. The wrong that imperils life is
a wrong to the imperiled victim; it is a wrong also to his
rescuer .... The railroad company whose train approaches
without signal is a wrongdoer toward the traveler surprised
between the rails, but a wrongdoer also to the bystander
who drags him from the path .... The emergency begets
the man. The wrongdoer may not have foreseen the coming
of a deliverer. He is accountable as if he had." Wagner v.
International Ry. Co., 133 N.E. 437, 437-38 (N.Y. 1921).
rescue syndrome. Family law. A situation in which a
child in a custody battle expresses a preference for the
parent perceived by the child to be the "weaker" ofthe

1422 rescussu
two, in the belief that the parent needs the child . This
is a form of parent-alienation syndrome. One parent
may overtly or subtly act increasingly dependent on
the child, leading the child to believe that he or she is
responsible for the parent's comfort, happiness, and
protection. The child may also believe that one parent
is actively harming the other and attempt to protect the
"weaker" parent by choosing to stay with that parent,
even if the child would actually prefer to live with the
"stronger" parent. Cf. LOLLIPOP SYNDROME; PARENT
ALIENATION SYNDROME.
rescussu. See DE RESCUSSU.
res derelicta (rays der-<J-lik-t<J). [Latin] A thing thrown
away or forsaken by its owner; abandoned property.
res dominans (rays dom-<J-nanz). [Latin] The dominant
property entitled to enjoy a servitude. See dominant
estate under ESTATE.
research and development. An effort (as by a company
or business enterprise) to create or improve products or
services, esp. by discovering new technology or advanc
ing existing technology. -Abbr. Rand D; R&D.
Research and Special Programs Administration. A
unit in the U.S. Department of Transportation respon
sible for conducting research and engaging in special
programs through several offices, including the Office
of Hazardous Materials Safety, the Office of Pipeline
Safety, the Transportation Systems Center, the Office
of Emergency Transportation, the Office of Program
Management and Administration, and the Office of
Aviation Information Management. -Abbr. RSPA.
research attorney. See ATTORNEY.
research memorandum. See MEMORANDUM.
reseiser (ri-see-z<Jr). Hist. The taking of lands by the
monarch in a case in which a general livery or ouster
Ie main was previously misused.
resentencing, n. (1878) The act or an instance ofimposing
a new or revised criminal sentence. -resentence, vb.
reservation. (l5c) 1. The creation of a new right or
interest (such as an easement), by and for the grantor,
in real property being granted to another. Cf. EXCEP
TION (3). [Cases: Deeds C=:> 141; Easements C=:> 14.]
implied reservation. (1867) An implied easement
that reserves in a landowner an easement across a
portion of sold land, such as a right-of-way over land
lying between the seller's home and the only exit.
An implied reservation arises only if the seller could
have expressly reserved an easement, but for some
reason failed to do so. See implied easement under
EASEMENT. [Cases: Easements C=:> 17.]
"If the implied easement is in favor of the conveyee and is
appurtenant to the tract conveyed, it is called an implied
grant; if the implied easement is in favor of the conveyor
and is appurtenant to the tract retained, it is called an
implied reservation." Ralph E. Boyer et aI., The Law of
Property 311 (4th ed. 1991).
2. The establishment ofa limiting condition or qualifi
cation; esp., a nation's formal declaration, upon signing
or ratifying a treaty, that its willingness to become a party to the treaty is conditioned on the modification or
amendment of one or more provisions of the treaty as
applied in its relations with other parties to the treaty.
[Cases: Treaties C=:> 3.] 3. A tract of public land that is
not open to settlers but is set aside for a special purpose;
esp., a tract of land set aside for use by indigenous
peoples. -Also termed (in sense 3) reserve; reserved
land; withdrawn land. [Cases: Indians C=:> 12.]
reservation-of-rights letter. Insurance. A notice of an
insurer's intention not to waive its contractual rights to
contest coverage or to apply an exclusion that negates
an insured's claim. -Also termed reservation ofrights.
Insurance C~3111(2), 3120.]
reserve, n. 1. Something retained or stored for future use;
esp., a fund of money set aside by a bank or an insur
ance company to cover future liabilities.
amortization reserve. An account created for book
keeping purposes to extinguish an obligation gradu
ally over time.
bad-debt reserve. A reserve to cover losses on uncol
lectible accounts receivable.
excess reserve. The portion of a bank's reserve against
deposits in excess of the amount of reserve required
bylaw.
legal reserve.lhe minimum amount of liquid assets
that a bank or an insurance company must maintain
by law to meet depOSitors' or claimants' demands.
[Cases: Banks and Banking 14,503; Insurance
C=:> 1139.]
loss reserve.!. An insurance company's reserve that
represents the estimated value offuture payments, as
for losses incurred but not yet reported. [Cases: Insur
ance ~:;::::;) 1139.] 2. A bank's reserve set aside to cover
possible losses, as from defaulting loans.
mean reserve. In insurance, the average of the begin
ning reserve (after the premium has been paid tor
the policy year) and the ending reserve of the policy
year.
policy reserve. An insurance company's reserve that
represents the difference between net premiums
and expected claims for a given year.  This type
of reserve is kept by life-insurance companies.
[Cases: Insurance 1139.]
required reserve. The minimum amount of money, as
required by the Federal Reserve Board, that a bank
must hold in the form ofvault cash and deposits with
regionall;ederal Reserve Banks. [Cases: Banks and
Banking C=:> 14,351-359.]
sinking-fund reserve. A reserve used to pay long-term
debt. See sinkingfund under FUND (1).
unearned-premium reserve. An insurance compa
ny's reserve that represents premiums that have been
recei ved in advance but not yet applied to policy
coverage . If a policyholder cancels coverage before
the policy expires but has already paid a premium for
the full policy period, the insurance company refunds

1423
the policyholder out of this reserve. [Cases: Insur
ance ~~1139.]
2. RESERVATION (3). 3. See net value under VALUE (2).
reserve, vb.
reserve account. See impound account under ACCOUNT.
reserve bank. See member bank under BANK.
Reserve Board. See FEDERAL RESERVE BOARD OF GOV
ERNORS.
reserve clause. A clause in a professional athlete's
contract restricting the athlete's right to change teams,
even after the contract expires . Reserve clauses are
uncommon in modern professional sports. Cf. FREE
AGENCY.
reserved easement. See EASEMENT.
reserved land. See RESERVATION (3).
reserved point oflaw. See POINT OF LAW.
reserved power. See POWER (3).
Reserved Power Clause. See TENTH AMENDMENT.
reserved surplus. See appropriated surplus (1) under
SURPLUS.
reserve militia. See MILITIA.
reserve price. See PRICE.
reserve ratio. 'Ihe Federal Reserve Board's measurement
of a member bank's required reserves. See required
reserve under RESERVE.
primary reserve ratio. Ihe ratio between a bank's
required reserves (cash in vault plus deposits with
Federal Reserve Banks) and its demand and time
deposits.
secondary reserve ratio. The ratio between a bank's
government securities and its demand and time
deposits.
reset, n. Scots law.!. The act or an instance of know
ingly receiving stolen goods. 2. Archaic. The harbor
ing or sheltering of a criminal or outlaw. -resetter,
n. -reset, vb.
resettlement, n. (17c) 1. The settlement ofone or more
persons in a new or former place. See SETTLEMENT (6).
2. The reopening ofan order or decree for the purpose
of correcting a mistake or adding something omitted.
[Cases: Motions (;=>49.]- resettle, vb.
res fit inempta (rays fit in-emp-t;l). [Latin] Hist. The
object is regarded as unbought. This is the ancient
way ofsaying, "The sale is off."
resfungibiles (rays fan-jib-a-Ieez), n. pI. [Latin] Civil law.
Fungible things; things that are commercially inter
changeable.
res gestae (rays ;es-tee also jes-tI), n. pI. [Latin "things
done"] (17c) The events at issue, or other events con
temporaneous with them. In evidence law, words
and statements about the res gestae are usu. admis
sible under a hearsay exception (such as present sense
impression or excited utterance). Where the Federal
Rules of Evidence or state rules fashioned after them residence
are in effect, the use of res gestae is now out of place.
See Fed. R. Evid. 803(1), (2). -Also termed res gesta.
[Cases: Criminal Law C;:::-'363-368; Evidence~' 118
128.]
"The Latin expression 'res gestae' or 'res gesta,' literally
'things done' or 'thing transacted,' has long served as a
catchword ... [Tlhe phrase has frequently served both
to let in utterances which in strictness were not admis
sible and to exclude utterances which might well have been
admitted. And frequently also its indefiniteness has served
as a basis for rulings where it was easier for the judge
to invoke this imposing catchword than to think through
the real question involved. The phrase is antiquated. By
modern judges it is being gradually discarded. It is super
fluous, and serves only to obscure the logic of the rules.
It should be left to oblivion." John H. Wigmore, A Students'
Textbook of the Law of Evidence 279 (1935).
'The res gestae embraces not only the actual facts of the
transaction and the circumstances surrounding it, but the
matters immediately antecedent to and having a direct
causal connection with it, as well as acts immediately fol
lowing it and so closely connected with it as to form in
reality a part of the occurrence." State v. Fouquette. 221
P.2d 404, 416-17 (Nev. 1950).
res gestae witness. See WITNESS.
res habiles (rays hab-<l-Ieez), n. pl. [tatin] Civil law.
Things that may be acquired by prescription.
resiance (rez-ee-<lnts). Archaic. Residence; abode.
resiant (rez-ee-<lnt), adj. Archaic. Continually dwelling
or abiding in a place; resident.
resiant, n. Archaic. A resident.
residence. (14c) 1. The act or fact of living in a given place
for some time <a year's residence in New Jersey>.
Also termed reSidency. 2. The place where one actually
lives, as distinguished from a domicile <she made her
residence in Oregon>. Residence usu. just means
bodily presence as an inhabitant in a given place;
domicile usu. requires bodily presence plus an inten
tion to make the place one's home. A person thus may
have more than one residence at a time but only one
domicile. Sometimes, though, the two terms are used
synonymously. Cf. DOMICILE (2). [Cases: Domicile
(;=>2.J 3. A house or other fixed abode; a dwelling <a
three-story residence>. 4. The place where a corpora
tion or other enterprise does business or is registered to
do business <Pantheon Inc.'s principal residence is in
Delaware>. [Cases: Corporations (;=>52,503(1),666.]
habitual residence.!. Family law. A person's custom
ary place of residence; esp., a child's customary place
of residence before being removed to some other
place. The term, which appears as an undefined
term in the Hague Convention, is used in deter
mining the country having a presumed paramount
interest in the child. [Cases: Child Custody (;=>804.]
2. Copyright. An established place, esp. a country, in
which one lives for the long term, usu. without being


2. Copyright. An established place, esp. a country, in
which one lives for the long term, usu. without being
a citizen ofthe place . The Berne Convention makes
habitual residence an alternative to legal domicile in a
member country to qualify for copyright protection
but leaves the exact definition ofthe term to member
countries.

1424 residency
residency. (14c) 1. A place of residence, esp. an official
one <the diplomat's residency>. 2. RESIDENCE (1) <one
year's residency to be eligible for in-state tuition>.
resident, adj. 1. Affiliated with or working for a particu
lar person or company <resident agent>. 2. Dwelling
in a place other than one's home on a long-term basis
<the hospital's resident patient>.
resident, n. (15c) 1. A person who lives in a particular
place. 2. A person who has a home in a particular place.
 In sense 2, a resident is not necessarily either a citizen
or a domiciliary. Cf. CITIZEN (1); DOMICILIARY.
resident agent. See registered agent under AGENT (2).
resident alien. See ALIEN.
resident ambassador. See AMBASSADOR.
residential care. Family law. Foster-care placement
involving residence in a group home or institution.
This type of foster care is most commonly used for ado
lescents who have been adjudged to be delinquents or
status offenders.
residential cluster. Land-use planning. An area ofland
developed as a unit with group housing and open
common space. Cf. PLANNED-UNIT DEVELOPMENT.
[Cases: Zoning and Planning (;::=>66,256.]
residential community treatment center. See HALFWAY
HOUSE.
residential custody. See PHYSICAL CUSTODY (2).
residential parent. See PARENT.
residential responsibility. Overnight responsibility for
a child. See Principles ofthe Law ofFamily Dissolu
tion: Analysis and Recommendations  3.02 (2000). See
CUSTODY; dual-residential parent, residential parent
under PARENT.
primary residential responsibility. Predominant over
night responsibility for a child.
residential time. See VISITATION (2).
residua (ri-zij-oo-<=1). pl. RESIDUUM.
residual, adj. (l6c) Of, relating to, or constituting a
residue; remaining; leftover <a residual claim> <a
residual functional disability>.
residual, n. 1. A leftover quantity; a remainder. 2. (often
pl.) A disability remaining after an illness, injury, or
operation. 3. (usu. pI.) A fee paid to a composer or per
former for each repeated broadcast (esp. on television)
ofa film, program, or commerciaL [Cases: Copyrights
and Intellectual Property (=48.]
residual estate. See residuary estate under ESTATE (3).
residual value. See salvage value under VALUE (2).
residuary (ri-zij-oo-er-ee), adj. (18c) Of, relating to, or
constituting a residue; residual <a residuary gift>.
residuary, n. 1. See reSiduary estate under ESTATE (3). 2.
See residuary legatee under LE.]ATEE.
reSiduary bequest. See BEQUEST.
residuary clause. (18c) Wills & estates. A testamentary
clause that disposes of any estate property remaining after the satisfaction of all other gifts. -Also termed
omnibus clause. [Cases: Wills C-J586.J
residuary devise. See DEVISE.
reSiduary devisee. See DEVISEE.
residuary estate. See ESTATE (3).
residuary legacy. See LEGACY.
residuary legatee. See LEGATEE.
residue. (14c) 1. Something that is left over after a part is
removed or disposed of; a remainder. 2. See residuary
estate under ESTATE (3).
residuum (ri-zij-oo-am). (17c) 1. That which remains;
a residue. 2. See residuary estate under ESTATE (3). PI.
residua (ri-zij-oo-d).
residuum rule. Administrative law. The principle that
an agency decision based partly on hearsay evidence
will be upheld on judicial review only if the decision
is founded on at least some competent evidence . The
residuum rule has generally been rejected by federal
and state courts. [Cases: Administrative Law and Pro
cedure
resignation, n. (14c) 1. The act or an instance ofsurren
dering or relinquishing an office, right, or claim. [Cases:
Officers and Public Employees (;::=>62.] 2. A formal
notification of relinquishing an office or position. 3.
Hist. The surrender to the lord of the vassal's interest
in land. resign, vb.
resile (ri-zIl), vb. 1. To retract (a statement, allegation,
etc.). 2. To draw back (from an agreement, contract,
etc.). 3. To return to one's original position.
res immobiles (rays i-moh-b<l-Ieez), n. pl. [Latin] Civil
law. Immovable things; chattels real. See IMMOBILIA.
res incorporales (rays in-kor-pa-ray-leez), n. pl. [Latin]
Civil law. Incorporeal things; intangible things that
are not perceptible to the senses. See incorporeal thing
under THING.
res in privatorum patrimonio. See RES PRIVATAE.
res integra (rays also in-teg-r;}). [Latin "an
entire thing"] See RES NOVA.
res inter alios acta (rays in-tdr ay-Iee-ohs ak-td). [Latin
"a thing done between others"] 1. Contracts. The com
mon-law doctrine holding that a contract cannot unfa
vorably affect the rights ofa person who is not a party to
the contract. [Cases: Contracts G'::::; 186(1).] 2. Evidence.
The rule prohibiting the admission of collateral facts
into evidence. [Cases: Criminal Law (;::=>338(1),369.1;
Evidence (;::=>99, 130.]
res ipsa loquitur (rays ip-sd loh-kwd-tdr). [Latin "the
thing speaks for itself'] (17c) Torts. The doctrine pro
viding that, in some circumstances, the mere fact ofan
accident's occurrence raises an inference ofnegligence
that establishes a prima facie case. Often shortened
to res ipsa. [Cases: Negligence
"The phrase 'res ipsa loquitur' is a symbol for the rule that
the fact of the occurrence of an injury, taken with the sur
rounding circumstances, may permit an inference or raise a
presumption of negligence, or make out a plaintiff's prima

1425
facie case, and present a question of fact for defendant
to meet with an explanation. It is merely a short way of
saying that the circumstances attendant on the accident
are of such a nature as to justify ajury, in light of common
sense and past experience, in inferring that the accident
was probably the result of the defendant's negligence, in
the absence of explanation or other evidence which the
jury believes." Stuart M. Speiser, The Negligence Case: Res
Ipsa Loquitur 1:2, at 5-6 (1972).
"It is said that res ipsa loquitur does not apply if the cause
of the harm is known. This is a dark saying. The applica
tion of the prinCiple nearly always presupposes that some
part of the causal process is known, but what is lacking
is evidence of its connection with the defendant's act or
omission. When the fact of control is used to justify the
inference that defendant's negligence was responsible it
must of course be shown that the thing in his control in
fact caused the harm. In a sense, therefore, the cause of
the harm must be known before the maxim can apply."
H.l.A. Hart & Tony Honore, Causation in the Law 419-20
(2d ed. 1985).
"Res ipsa loquitur is an appropriate form of circumstantial
evidence enabling the plaintiff in particular cases to estab
lish the defendant's likely negligence. Hence the res ipsa
loquitur doctrine, properly applied, does not entail any
covert form of strict liability .... The doctrine implies that
the court does not know, and cannot find out, what actually
happened in the individual case. Instead, the finding of
likely negligence is derived from knowledge of the causes
of the type or category of accidents involved." Restatement
(Third) of Torts  15 cmt. a (Discussion Draft 1999).
res ipsa loquitur test (rays ip-s<lloh-kw<l-tar). (1962)
A method for determining whether a defendant has
gone beyond preparation and has actually committed
an attempt, based on whether the defendant's act itself
would have indicated to an observer what the defendant
intended to do. Also termed equivocality test. See
ATTEMPT (2). [Cases: Criminal Law (;:::;;44.]
resisting arrest. (1851) The crime of obstructing or
opposing a police officer who is making an arrest.
Also termed resisting lawful arrest. [Cases: Obstructing
Justice
resisting process. See OBSTRUCTION OF PROCESS.
resisting unlawful arrest. (1905) The act of opposing
a police officer who is making an unlawful arrest.
Most jurisdictions have accepted the Model Penal
Code position prohibiting the use of force to resist an
unlawful arrest when the person arrested knows that
a police officer is making the arrest. But some juriS
dictions allow an arrestee to use nondeadly force to
prevent the arrest. See Model Penal Code  3. [Cases:
Obstructing Justice (;:::;; 3.]
res judicata (rays joo-di-kay-ta or -kah-ta). [Latin
"a thing adjudicated"] (I7c) 1. An issue that has
been definitively settled by judicial decision. [Cases:
Judgment (;:::;;540,584,585.) 2. An affirmative defense
barring the same parties from litigating a second
lawsuit on the same claim, or any other claim arising
from the same transaction or series of transactions
and that could have been but was not raised in
the first suit.  The three essential elements are (1) an
earlier decision on the issue, (2) a final judgment on the
merits, and (3) the involvement ofthe same parties, or
parties in privity with the original parties. Restatement resolution
(Second) ofJudgments  17,24 (1982). Also termed
res adjudicata; claim preclusion; doctrine ofres judicata.
Cf. COLLATERAL ESTOPPEL. [Cases: Judgment C=>540,
584,948(1).]
"'Res judicata' has been used in this section as a general
term referring to all of the ways in which one judgment
will have a binding effect on another. That usage is and
doubtless will continue to be common, but it lumps under
a single name two quite different effects ofjudgments. The
first is the effect of foreclosing any litigation of matters
that never have been litigated, because of the determina
tion that they should have been advanced in an earlier
suit. The second is the effect of foreclosing relitigation of
matters that have once been litigated and decided. The
first of these, preclusion of matters that were never liti
gated, has gone under the name, 'true res judicata,' or the
names, 'merger' and 'bar.' The second doctrine, preclusion
of matters that have once been decided, has usually been
called 'collateral estoppel.' Professor Allan Vestal has long
argued for the use of the names 'claim preclusion' and
'issue preclusion' for these two doctrines [Vestal, Rationale
ofPreclUSion, 9 St. Louis U. L.j. 29 (1964)], and this usage is
increasingly employed by the courts as it is by Restatement
Second of Judgments." Charles Alan Wright, The Law of
Federal Courts  100A, at 722-23 (5th ed. 1994).
res litigiosae (rays li-tij-ee-oh-see), n. pl. [Latin] Civil law.
Things that are in litigation; property or rights that are
the subject of a pending action.
res mancipi (rays man-sa-pI). [Latin "things ofmandp
ium"] Roman law. Property, specifically Italic land with
its rustic servitudes and beasts of draft or burden, that
can be transferred only by a formal ceremony of man
cipation. -Also termed mancipi res; things mancipi.
See MANCIPATION.
res merae facultatis (rays meer-ee fak-al-tay-tis). [Law
Latin] Scots law. A matter of mere power.
"Res merae facultatis .... Such, for example, is the right
which a proprietor has of building upon his own property,
or which anyone has of walking upon the seashore, or
sailing upon the sea, or on any navigable river. It is a right
which mayor may not be exercised at the pleasure of
him who holds it; and such rights are never lost by their
non-exerCise for any length of time, because it is of their
essential character that they may be used or exercised at
any time." John Trayner, Travner's Latin Maxims 554 (4th
ed.1894).
res mobiles (rays moh-ba-leez), n. pl. [Latin] Civil law.
Movable things; chattels personal.
res nee mancipi (rays nek man-sa-pI). [Latin "things not
of mancipium"] Roman law. Property that can be trans
ferred without a formal ceremony of mancipation.
Also termed things nee mancipi.
res non est integra (rays non est in-t;)-gra). [Latin] l


termed things nee mancipi.
res non est integra (rays non est in-t;)-gra). [Latin] lUst.
The original position has changed; performance has
taken place (in whole or in part).
res nova (rays noh-va). [Latin "new thing"]l. An unde
cided question aflaw. 2. A case of first impression.
Also termed res integra. See case offirst impression
under CASE.
res nullius (rays na-h-as). [Latin "thing of no one"] A
thing that can belong to no one; an ownerless chattel.
resolution. (17c) 1. Parliamentary law. A main motion
that formally expresses the sense, will, or action of a

1426 resolutions committee
deliberative assembly (esp. a legislative body). - A reso
lution is a highly formal kind of main motion, often
containing a preamble, and one or more resolving
clauses in the form, "Resolved, That ...."
concurrent resolution. (17c) A resolution passed by one
house and agreed to by the other. -It expresses the
legislature's opinion on a subject but does not have
the force oflaw.
joint resolution. (17c) A legislative resolution passed by
both houses. _ It has the force oflaw and is subject to
executive veto. [Cases: Statutes ~22,229.]
simple resolution. (I8c) A resolution passed by one
house only. _ It expresses the opinion or affects the
internal affairs of the passing house, but it does not
have the force oflaw.
2. Formal action by a corporate board of directors
or other corporate body authorizing a particular act,
transaction, or appointment. -Also termed corporate
resolution.
shareholder resolution. A resolution by shareholders,
usu. to ratify the actions ofthe board of directors.
3. A document containing such an expression or autho
rization.
resolutions committee. See COMMITTEE.
Resolution Trust Corporation. A federal agency estab
lished to act as a receiver for insolvent federal savings
and-loan associations and to transfer or liquidate those
associations' assets. _ The agency was created when the
Federal Savings and Loan Insurance Corporation was
abolished in 1989. Abbr. RTC. See FEDERAL SAVINGS
AND LOAN INSURANCE CORPORATION. [Cases: Building
and Loan Associations C=~'42(6).]
resolutive condition. See resolutory condition under
CONDITION (2).
resolutory (ri-zahl-y~-tor-ee), adj. (1818) Operating or
serving to annul, dissolve, or terminate <a resolutory
clause>.
resolutory condition. See CONDITION (2).
resolving dause. See CLAUSE.
resort, n. Something that one turns to for aid or refuge
<the court of last resort>. -resort, vb.
RESPA (res-pd). abbr. REAL ESTATE SETTLEMENT PRO
CEDURES ACT.
respite (res-pit), n. (l4c) 1. A period oftemporary delay;
an extension of time. 2. A temporary suspension of
a death sentence; a reprieve. [Cases: Sentencing and
Punishment ~1798.] 3. A delay granted to a jury or
court for further consideration of a verdict or appeal. 4.
Civil law. An agreement between a debtor and several
creditors for an extension of time to repay the various
debts. La. Civ. Code art. 3084. -respite, vb.
forced respite. A respite in which some ofthe creditors
are compelled by a court to give the same extension of
time that the other creditors have agreed to. voluntary respite. A respite in which all the credi
tors agree to the debtor's proposal for an extension
oftime.
respondeat ouster (ri-spon-dee-at ow-stdr). [Law Latin
"let him make further answer"] An interlocutory
judgment or order that a party who made a dilatory
plea that has been denied must now plead on the
merits. -Also termed judgment respondeat ouster.
[Cases: Pleading ~~111.47.]
"In case offelony, if the plea be held bad, the judgment
is respondeat ouster; or rather, as the defendant gener
ally pleads over to the felony, the jury are charged again,
and that at the same time with the issue on the plea of
autrefois acquit, to inquire of the second issue, and the
trial proceeds as if no plea in bar had been pleaded." 1
Joseph Chitty, A Practical Treatise on the Criminal Law 461
(2d ed. 1826).
respondeat superior (ri-spon-dee-at soo-peer-ee-dr
or sd-peer-ee-or). [Law Latin "let the superior make
answer"] (17c) Torts. The doctrine holding an employer
or principal liable for the employee's or agent's wrongful
acts committed within the scope of the employment or
agency. -Also termed master-servant rule. See SCOPE
OF EMPLOYMENT. [Cases: Labor and Employment
3026; Principal and Agent ~159(2).]
"Most courts have made little or no effort to explain the
result, and have taken refuge in rather empty phrases, such
as 'he who does a thing through another does it himself,'
or the endlessly repeated formula of 'respondeat superior,'
which in itself means nothing more than 'look to the man
higher up.'" W. Page Keeton et aI., The Law of Torts  69,
at 500 (5th ed. 1984).
responde book. Hist. Scots law. The chancellery's record
of all duties payable by heirs who obtained royal
warrants for possession of the decedent's lands.
respondent. (16c) 1. The party against whom an appeal is
taken; APPELLEE. '_ In some appellate courts, the parties
are designated as petitioner and respondent. In most
appellate courts in the United States, the parties are
designated as appellant and appellee. Often the designa
tions depend on whether the appeal is taken by writ of
certiorari (or writ of error) or by direct appeal. [Cases:
Appeal and Error C=>326; Federal Courts ~545.l.]
2. The party against whom a motion or petition is filed.
Cf. PETITIONER. 3. At common law, the defendant in an
equity proceeding. 4. Civil law. One who answers for
another or acts as another's security.
respondent bank. See BANK.
respondentia (ree-spon-den-shee-a or res-pon-). [Law
Latin fro Latin respondere "to answer"] A loan secured
by the cargo on one's ship rather than the ship itself.
Cf. BOTTOMRY. [Cases: Shipping
respondentia bond. See BOND (2).
respondere non debet (ri-spon-d~-ree non deb-dt).
[Latin] Common-law pleading. The prayer of a plea in
which the defendant insists that he or she does not have
to answer - because of a privilege, for example.
responsalis (res-pon-say-lis). [Law Latin) L Hist. One
who appears and answers for another. 2. Eccles. law. A
proctor. See APOCRISARlUS.

1427
responsa prudentium (ri-spon-sd proo-den-shee-dm).
[Latin "the answers of the learned"] Roman law. The
opinions and judgments of eminent lawyers or jurists
on questions oflaw addressed to them . The responsa
prudentium originally constituted part of the early
Roman civil law. Roman citizens seeking legal advice,
as well as magistrates and judges, often referred legal
questions to leading jurists so as to obtain their opinions
(responsa). The responsa of some leading jurists were
collected, much in the manner of caselaw digests,
and many of them passed into Justinian's Digest. The
phrase responsa prudentium gradually migrated to
the common law, but today it is ofprimarily historical
use. -Also spelled responsa pruden tum.
"[Tlhe judex, or as we would now call him, the referee,
might have no technical knowledge of law whatever. Under
such conditions the unlearned judicial magistrates natu
rally looked for light and leading to the jurisconsults who
instructed them through their responsa prudentium, the
technical name given to their opinions as experts, which
were promptly recorded on tablets by their students or
disciples." Hannis Taylor, The Science of Jurisprudence
90-91 (1908).
"In [claSSical Latin) responsa prudentium is the usual form,
but most of the legal sources ... have prudentum follow
ing the example of Blackstone (1765)." The Oxford English
Dictionary(2d ed. 1989).
response. Patents. A patent applicant's answer to an
office action, usu. countering the examiner's rejections
and objections and often amending the claims. lCases:
Patents C;:::::o 109.]
responsibility, n. (lSc) 1. LIABILITY (1). 2. Criminal law.
A person's mental fitness to answer in court for his or
her actions. See COMPETENCY. [Cases: Mental Health
C;:::::o432.1 3. Criminal law. Guilt. -Also termed (in
senses 2 & 3) criminal responsibility. responsible,
adj.
"[As for] the ambiguities of the word 'responsibility,' ...
it is, I think, still important to distinguish two of the very
different things this difficult word may mean. To say that
someone is legally responsible for something often means
only that under legal rules he is liable to be made either
to suffer or to pay compensation in certain eventualities.
The expression 'he'll pay for it' covers both these things.
In this the primary sense of the word, though a man is
normally only responsible for his own actions or the harm
he has done, he may be also responsible for the actions of
other persons if legal rules so provide. Indeed in this sense
a baby in arms or a totally insane person might be legally
responsible ~-again, if the rules so provide; for the word
simply means liable to be made to account or pay and we
might call this sense of the word 'legal accountability'. But
the new idea -the programme of eliminating responsibil
ity ...~ is not, as some have feared, meant to eliminate legal
accountability: persons who break the law are not just to
be left free. What is to be eliminated are enquiries as to
whether a person who has done what the law forbids was
responsible at the time he did it and responsible in this
sense does not refer to the legal status of accountability.
It means the capacity, so far as this is a matter of a man's
mind or will, which normal people have to control their
actions and conform to law. In this sense of responsibility
a man's responsibility can be said to be 'impaired'." H.LA.
Hart, "Changing Conceptions of Responsibility," in Punish
ment and Responsibility 186, 196-97 (1968).
"Responsibility means answerability or accountability.
It is used in the criminal law in the sense of 'criminal rest
responsibility' and hence means answerability to the
criminal law." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law and Procedure: Cases and Materials 399 (5th ed.
1977).
responsible broker-dealer. See BROKER.
responsive, adj. (15c) Giving or constituting a response;
answering <the witness's testimony is not responsive to
the question>. [Cases: Witnesses C=-"':"'248.]
responsive action. Patents. A patent applicant's answer
to an examiner rejections in an office action . To be
responsive, the answer must address all of the exam
iner's issues in detail, rather than merely submitting
substitute claims. [Cases: Patents C;:::::o lOS.]
responsive pleading. See PLEADING (1).
responsive verdict. See VERDICT.
res privatae (rays pri-vay-tee), n. pI. [Latin "private
things"] Roman & civil law. Things that can be owned
by individuals or by the state and its political subdivi
sions in their capacity as private citizens. La. Civ. Code
art. 450. Also termed res in privatorum patrimo
nio.
res publicae (rays pab-li-see), n. pl. [Latin "public things"]
Roman & civil law. Things that cannot be indiVidually
owned because they belong to the public, such as the
sea, navigable waters, and highways. Public things are
owned by the state and its political subdivisions in their
capacity as public persons. La. Civ. Code art. 449.
res quotidianae (rays kwoh-tid-ee-ay-nee), n. pl. [Latin]
Civil law. Everyday matters; familiar points or ques
tions.
res religiosae (rays ri-lij-ee-oh-see), 11. pl. [Latin] Civil
law. Religious things; esp., burial places.
res repetundae (rays rep-;J-tiln-dee). [Latin "things due
to be repaid"] Roman law. I. Money or things that can
be reclaimed by a person who was forced to give them
to a public officiaL 2. The illegal act offorcing someone
to give money or things; extortion. -Sometimes (erro
neously) shortened to repetundae. See CRIMEN REPE
TUNDARUM.
res sanctae (rays sangk-tee), n. pl. [Latin "sacred things"]
Roman law. The walls of a city . The Romans con
sidered maintenance of city walls so important that
damage to a city's walls was a capital offense.
res serviens (rays s3r-vee-enz). [Latin] The servient
property subject to a servitude. See servient estate
under ESTATE (4).
res singulorum (rays sing-gy;J-lor-dm). [Latin] Hist. 'The
property of individuals.
res sua (rays sI.Y]OO-J). [Latin] Hist. One's own property.
rest, vb. (1905) 1. (Of a litigant) to voluntarily conclude
presenting evidence in a trial <after the


. (1905) 1. (Of a litigant) to voluntarily conclude
presenting evidence in a trial <after the police officer's
testimony, the prosecution rested>. 2. (Of a litigant) to
voluntarily conclude presenting evidence in (a trial)
<the defense rested its case after presenting just two
witnesses>. In sense 1, the verb is intransitive; in
sense 2, it is transitive.

1428 Restatement
Restatement. One of several influential treatises pub
lished by the American Law Institute describing the
law in a given area and guiding its development.  The
Restatements use a distinctive format of black-letter
rules, official comments, illustrations, and reporter's
notes. Although the Restatements are frequently cited
in cases and commentary, a Restatement provision
is not binding on a court unless it has been officially
adopted as the law by that jurisdiction's highest court.
Restatements have been published in the following areas
oflaw: Agency, Conflict of Laws, Contracts, Employ
ment Law, Foreign Relations Law of the United States,
Judgments, Law Governing Lawyers, Property, Restitu
tion, Security, Suretyship and Guaranty, Torts, Trusts,
and Unfair Competition. Also termed Restatement
afthe Law.
"We speak of the work which the organization should
undertake as a restatement; its object should not only be
to help make certain much that is now uncertain and to
simplify unnecessary complexities, but also to promote
those changes which will tend better to adapt the laws to
the needs of life. The character of the restatement which we
have in mind can be best described by saying that it should
be at once analytical, critical and constructive." Commit
tee on the Establishment of a Permanent Organization for
the Improvement of the law (Elihu Root, chairman), Report
Proposing the Establishment ofan American Law Institute,
1 All Proc. 14 (1923).
restater. (1955) An author or reporter ofa Restatement.
restaur (res-tor). 1. The recourse that insurers (esp.
marine underwriters) have against each other accord
ing to the date of their insurance. 2. The recourse that
marine insurers have against a ship's master if a loss
occurs through the master's fault or negligence. 3.
The recourse that one has against a guarantor or other
person under a duty to indemnify. -Also spelled
restor.
restitutio in integrum (res-ta-t[y]oo-shee-oh in in-ta
gram). [Latin] Roman & civil law. Restoration to the
previous condition or the status quo . In Roman law,
a praetor could accomplish this by annulling a contract
or transaction that was strictly legally valid but ineq
uitable and by restoring the parties to their previous
legal relationship. The phrase is still sometimes used in
American law (esp. in Louisiana) when a court annuls a
contract and orders restitution on equitable grounds.
restitution, n. (Bc) 1. A body ofsubstantive law in which
liability is based not on tort or contract but on the defen
dant's uniust enrichment. See UNJUST ENRICHMENT. 2.
The set of remed ies associated with that body oflaw, in
which the measure ofrecovery is usu. based not on the
plaintiff's loss, but on the defendant's gain. Cf. COM
PENSATION; DAMAGES. 3. Return or restoration ofsome
specific thing to its rightful owner or status. 4. Com
pensation for loss; esp., full or partial compensation
paid by a criminal to a victim, not awarded in a civil
trial for tort, but ordered as part ofa criminal sentence
or as a condition of probation. [Cases: Damages
1; Implied and Constructive Contracts C=4; Infants
C=224; Sentencing and Punishment <.r'-=' 1973, 2100
2217.] restitutionary, ad). "The term 'restitution' appears in early decisions, but
general recognition probably began with the publication
of the Restatement ofRestitution [in 1937]. The term is not
wholly apt since it suggests restoration to the successful
party of some benefit obtained from him. Usually this will
be the case where relief is given, but by no means always.
There are cases in which the successful party obtains res
titution of something he did not have before, for example
a benefit received by the defendant from a third person
which justly should go to the plaintiff." 1 George E. Palmer,
The Law of Restitution  1.1, at 4 (1978).
"'Restitution' is an ambiguous term, sometimes referring
to the disgorging of something which has been taken and
at times referring to compensation for injury done. Often,
the result under either meaning of the term would be
the same. If the plaintiff has been defrauded into paying
$1,000 to the defendant, his loss and the defendant's gain
coincide. Where they do not coincide, as where the plain
tiff is out of pocket more than the defendant has gained
and the defendant's conduct is tortious, the plaintiff will
recover his loss in a quasicontractual or equitable action
for restitution. Unjust impoverishment as well as unjust
enrichment is a ground for restitution. If the defendant is
guilty of a nontortious misrepresentation, the measure of
recovery is not rigid but, as in other cases of restitution,
such factors as relative fault, the agreed upon risks, and
the fairness of alternative risk allocations not agreed upon
and not attributable to the fault of either party need to be
weighed." John D. Calamari &Joseph M. Perillo, The Law or
Contracts  923, at 376 (3d ed. 1987).
restitutionary redress. See REDRESS.
restitution damages. See DAMAGES.
restitutione extracti ab ecclesia (res-ta-t[y]oo-shee-oh
nee ek-strak-tI ab e-klee-z[h]ee-a). [Latin] Eccles. law.
A writ restoring someone who had been suspected or
accused ofa felony to the church.
restitutione temporalium (res-ta-t[y]oo-shee-oh-nee
tem-pa-ray-Iee-am). [Latin] Eccles. law. A writ direct
ing the sheriff to restore the temporalities ofa diocese
to a bishop. See TEMPORALITY (2).
restitution interest. See INTEREST (2).
restitutory interdict. See INTERDICT (1).
restitutory right. See RIGHT.
restor. See RESTAUR,
restorative justice. An alternative delinquency sanction
focused on repairing the harm done, meeting the
victim's needs, and holding the offender responsible
tor his or her actions . Restorative-justice sanctions
use a balanced approach, producing the least restrictive
disposition while stressing the offender's accountability
and providing relief to the victim. The offender may be
ordered to make restitution, to perform community
service, or to make amends in some other way that the
court orders.
restorative motion. See MOTION (2).
restoratory motion. See restorative motion under
MOTION (2).
restraining order. (1876) 1. A court order prohibiting
family violence; esp., an order restricting a person
from harassing, threatening, and sometimes merely
contacting or approaching another specified person .
 This type of order is issued most commonly in cases

ofdomestic violence. A court may grant an ex parte
restraining order in a family-violence case if it is nec
essary to (1) achieve the government's interest in pro
tecting victims offamily violence from further abuse,
(2) ensure prompt action where there is an immediate
threat ofdanger, and (3) provide governmental control
by ensuring that judges grant such orders only where
there is an immediate danger of such abuse. Fuentes
v. Shevin, 407 U.S. 67, 92 S.Ct. 1983 (1972). Also
termed protection order; protective order; stay-away
order. See ex parte motion under MOTION. [Cases: Pro
tection of Endangered Persons <8=>70-82.] 2. TEMPO
RARY RESTRAINING ORDER. 3. A court order entered to
prevent the dissipation or loss ofproperty.
restraining power. See POWER (3).
restraining statute. See disabling statute under STAT
UTE.
restraint, n. (ISc) 1. Confinement, abridgment, or limita
tion <a restraint on the freedom ofspeech>. See PRIOR
RESTRAINT. 2. Prohibition of action; holding back
<the victim's family exercised no restraint -they
told the suspect exactly what they thought ofhim>. 3.
RESTRAINT OF TRADE. 4. FORFEITURE RESTRAINT.
restraint ofmarriage. (16c) A condition (esp. in a gift or
bequest) that nullifies the grant to which it applies ifthe
grantee marries or remarries. -Restraints ofmarriage
are usu. void ifthey are general or unlimited in scope.
[Cases: Contracts <8=> 111.]
restraint of princes. Archaic. An embargo. -The
phrase still occaSionally appears in marine-insurance
contexts. -Also termed restraint ofprinces and rulers;
restraint ofprinces, rulers, and people. See EMBARGO.
restraint of trade. 1. A limitation on business dealings
or professional or gainful occupations. 2. Antitrust.
An agreement between two or more businesses or a
combination ofbusinesses intended to eliminate com
petition, create a monopoly, artificially raise prices, or
otherwise adversely affect the free market -Restraints
of trade are usu. illegal, but may be declared reason
able if they are in the best interests ofboth the parties
and the public. Often shortened to restraint. Also
termed conspiracy in restraint oftrade. See PER SE RULE;
RULE OF REASON. [Cases: Antitrust and Trade Regula
tion
horizontal restraint. A restraint of trade imposed by
agreement between competitors at the same level of
distribution. - The restraint is horizontal not because
it has horizontal effects, but because it is the product
ofa horizontal agreement. -Also termed horizontal
agreement.
unreasonable restraint oftrade. A restraint of trade
that produces a Significant anticompetitive effect and
thus violates antitrust law.
vertical restraint. A restraint of trade imposed by
agreement between firms at different levels ofdistri
bution (as between manufacturer and retailer). restraint on alienation. (l8c) 1. A restriction, usu. in
a deed of conveyance, on a grantee's ability to sell or
transfer real property; a provision that conveys an
interest and that, even after the interest has become
vested, prevents or discourages the owner from dispos
ing ofit at all or from disposing ofit in particular ways
or to particular persons. -Restraints on alienation
are generally unenforceable as against public policy
favoring the free alienability ofland. Also termed
unreasonable restraint on alienation. 2. A trust provi
sion that prohibits or penalizes alienation of the trust
corpus. [Cases: Perpetuities C~"6.]
restricted indorsement. See conditional indorsement
under INDORSEMENT.
restricted interpretation. See restrictive interpretation
under INTERPRETATION.
restricted security. See SECURITY.
restricted stock. See restricted security under
SECURITY.
restricted surplus. See SURPLUS.
restricted visitation. See supervised visitation under
VISITATION.
restriction. (ISc) 1. A limitation or qualification. 2. A
limitation (esp. in a deed) placed on the use or enjoy
ment of property. See restrictive covenant under
COVENANT (4). [Cases: Covenants <8=>49-52, 69.]
conservation restriction. See conservation easement
under EASEMENT.
3. Military law. A deprivation of liberty involving
moral and legal, rather than physical, restraint. - A
military restriction is imposed as punishment either
by a commanding officer's nonjudicial punishment
or by a summary, special, or general court-martial.
Restriction is a lesser restraint because it permits the
restricted person to perform full military duties. See
nonjudicial punishment under PUNISHMENT. [Cases:
Military Justice <8=>526, 1322.1.]
restriction in lieu ofarrest. A restriction in which a
person is ordered to stay within specific geographi
cal limits, such as a base or a ship, and is permitted to
perform full military duties. [Cases: Military Justice
(::";;>935.1.]
4. Patents. A patent examiner's ruling that a patent
application comprises two or more patentably distinct
or independent inventions; the requirement that the
applicant elect one invention to continue prosecuting
under the original application by abandoning some
of the original claims. -The applicant may defend
the claims by traversing the requirement, abandon
any nonelected invention, or continue prosecuting
any nonelected invention under a separate divisional
application. -Also termed requirement for restric
tion; restriction requirement; division. Cf. OBJECTION
(2); REJECTION (4). [Cases: Patents <8=> 120.]
restriction application. See divisional application under
PATENT APPLICATION.
restriction requirement. See RESTRICTION (4).

restrictive condition. See negative condition under CON
DITTON (2).
restrictive covenant. 1. See noncompetition covenant
under COVENANT (1). 2. See COVENANT (4).
restrictive covenant in equity. See restrictive covenant
under COVENANT (4).
restrictive indorsement. See INDORSEMENT.
restrictive interpretation. See INTERPRETATION.
restrictive principle of sovereign immunity. The
doctrine by which a foreign nation's immunity does
not apply to claims arising from the nation's private
or commercial acts, but protects the nation only from
claims arising from its public functions. See COM
MERCIAL-ACTIVITY EXCEPTION; JURE GESTTONIS; JURE
IMPERII. [Cases: International Law (;=>10


PTION; JURE GESTTONIS; JURE
IMPERII. [Cases: International Law (;=>10.33.]
"[Tlhe [Foreign Sovereignjlmmunities Act codified the
so-called 'restrictive' principle of sovereign immunity, as
recognized in international law. Under this doctrine, the
immunity of a foreign state in the courts of the United
States is 'restricted' to claims involving the foreign state's
public acts and does not extend to suits based on its com
mercial or private conduct." 14A Charles Alan Wright et
a!., Federal Practice and Procedure  3662, at 161-62 (3d
ed.1998).
restrictive title. See TITLE (3).
resulting power. See POWER (3).
resulting trust. See TRUST.
resulting use. See USE (4).
resume consideration. See take from the table under
TABLE.
resummons. (ISc) A second or renewed summons to a
party or witness already summoned. See SUMMONS.
resumption. 1. The taking back of property previously
given up or lost. 2. Hist. The retaking by the Crown
or other authority of lands or rights previously given
to another (as because of false suggestion or other
error).
res universitatis (rays yoo-na-var-sa-tay-tis), n. pl. [Latin]
Roman law. Things belonging to a community or cor
porate body and free to be used by all its members.
resurrender, n. Hist. The return ofa copyhold estate to
a mortgagor by the mortgagee after the debt has been
repaid. See SURRENDER OF COPYHOLD.
retail, n. lhe sale of goods or commodities to ultimate
consumers, as opposed to the sale for further distribu
tion or processing. retail, adj. Cf. WHOLESALE.
retail, vb.
retailer, n. A person or entity engaged in the business of
selling personal property to the public or to consum
ers, as opposed to selling to those who intend to resell
the items.
retail installment contract. See CONTRACT.
retail installment contract and security agreement. See
retail installment contract under CONTRACT.
retail installment sale. See INSTALLMENT SALE.
retail sales tax. See sales tax under TAX. retainage (ri-tayn-ij). (1901) A percentage of what a
landowner pays a contractor, withheld until the con
struction has been satisfactorily completed and all
mechanic's liens are released or have expired. -Also
termed retained fund. [Cases: Contracts (;=>214,
221(3).]
retained earnings. See EARNINGS.
retained fund. See RET AINAGE.
retained income trust. See grantor-retained income trust
under TRUST.
retainer, n. (I8c) 1. A client's authorization for a lawyer
to act in a case <the attorney needed an express retainer
before making a settlement offer>. [Cases: Attorney and
Client C='64.] 2. A fee that a client pays to a lawyer
simply to be available when the client needs legal help
during a specified period or on a specified matter.
[Cases: Attorney and Client 137.] 3. A lump-sum
fee paid by the client to engage a lawyer at the outset of
a matter. -Also termed engagement fee. 4. An advance
payment of fees for work that the lawyer will perform in
the future. Also termed retainingfee. Cf. ATTORNEY'S
FEES. [Cases: Attorney and Client (;=> 137.] retain,
vb.
"Over the years, attorneys have used the term 'retainer' in
so many conflicting senses that it should be banished from
the legal vocabulary. .. If some primordial urge drives you
to use the term 'retainer: at least explain what you mean
in terms that both you and the client will understand."
Mortimer D. Schwartz & Richard C. Wydick, Problems in
Legal Ethics 100, 101 (2d ed. 1988).
general retainer. (18c) A retainer for a specific length
of time rather than for a specific project. [Cases:
Attorney and Client (;=> 137.]
special retainer. (18c) A retainer for a specific case or
project. [Cases: Attorney and Client (;=> 137.]
retaining fee. See RETAINER (4).
retaining lien. See LIEN.
retaliatory discharge. See DISCHARGE (7).
retaliatory eviction. See EVICTION.
retaliatory law. (1820) A state law restraining another
state's businesses as by levying taxes in response
to similar restraints imposed by the second state on the
first state's businesses.
retaliatory tariff. See TARIFF (2).
retallia (ri-tal-ee-a). [Law Latin] Hist. The sale of goods
or commodities in small quantities; retail.
retenementum (ri-ten-a-men-tam). Hist. A withholding;
restraint or detainment.
retenta possessione (ri-ten-ta p<'l-zes[h]-ee-oh-nee).
[Latin] Hist. Possession being retained.
retention. Scots law. A possessor's right to keep a movable
until the possessor's claim against the movable or its
owner is satisfied; a lien.
general retention. Scots law. A possessor's right to
keep all property owned by a debtor as security for
the debt.

1431 retributivism
special retention. Scots law. A possessor's right to
keep property owned by another until reimbursed
for expenditures on the property for its repair or for
its care and maintenance.
retinue. A group of persons who are retained to follow
and attend to a sovereign, noble, or other distinguished
person.
retired stock. See treasury stock under STOCK.
retirement, n. (16c) 1. Termination ofone's own employ
ment or career, esp. upon reaching a certain age or for
health reasons; retirement may be voluntary or involun
tary. 2. Withdrawal from action or for privacy <Carol's
retirement to her house by the lake>. 3. Withdrawal
from circulation; payment of a debt <retirement of a
series of bonds>. See REDEMPTION. retire, vb.
compulsory retirement. Mandatory retirement based
on a person's age, esp. as specified in a union contract,
by corporate policy, or by statute.
retirement annuity. See ANNUITY.
Retirement Equity Act of 1984. A federal law that
requires private pension plans to comply with the
court-ordered division of a pension between spouses
and permits the plan administrator to pay all or part of
a worker's pensions and survivor benefits directly to a
former spouse ifthe plan has been served with a court
order that meets the federal requirements for a quali
fied domestic-relations order. 29 USCA  1056(d)(3).
See QUALIFIED DOMESTIC-RELATIONS ORDER. [Cases:
Labor and Employment C:"::>594.J
retirement-income insurance. See INSURANCE.
retirement plan. See EMPLOYEE BENEFIT PLAN.
retorna brevium (ri-tor-nd bree-vee-am). [Law Latin]
Hist. The return of a writ.  This was the indorsement
on a writ by a sheriff or other officer, reporting on the
writ's execution.
retorno habendo. See DE RETORNO HABENDO.
retorsion (ri-tor-sh.:m). Int'llaw. An act oflawful retali
ation in kind for another nation's unfriendly or unfair
act. Examples of retorsion include suspending dip
lomatic relations, expelling foreign nationals, and
restricting travel rights. Also spelled retortion. Cf.
REPRISAL (2).
retraction, n. (14c) 1. The act of taking or drawing back
<retraction ofanticipatory repudiation before breach of
contract>. 2. The act ofrecanting; a statement in recall
tat ion <retraction of a defamatory remark>. [Cases:
Libel and Slander (;:::J66.j 3. Wills & estates. A with
drawal ofa renunciation <because ofher retraction, she
took property under her uncle's will>. See RENUNCIA
TION (3). 4. Copyright. The right ofauthors and artists
to renounce their creative works and to forbid their
sale or display . Retraction is one of the moral rights
ofartists recognized in civil-law countries and much of
Europe, but largely unavailable in the United States.
Also termed (in sense 4) withdrawal. -retract, vb.
retractus feudalis (ri-trak-tas fyoo-day-lis). (Law Latin
"a recall of the fee"] Scots law. A superior's right to pay a debt of a vassal's lands in exchange for the return of
the conveyance.
retraxit (ri-trak-sit). [Latin "he has withdrawn"] A plain
tiff's voluntary withdrawal ofa lawsuit in court so that
the plaintiff forever forfeits the right of action. In
modern practice, retraxit is called voluntary dismissal
with prejudice. A dismissal without prejudice does not
operate as a retraxit. See judgment of retraxit under
JUDGMENT.
retreat rule. (1935) Criminal law. The doctrine holding
that the victim of an assault has a duty to retreat instead
of resorting to deadly force in self-defense, unless (1) the
victim is at home or in his or her place ofbusiness (the
so-called castle doctrine), or (2) the assailant is a person
whom the victim is trying to arrest.  A minority of
American jurisdictions have adopted this rule. Cf. NO
RETREAT RULE. [Cases: Homicide (;:::>798.]
"The rationale for the retreat rule is not difficult to ascer
tain, at least in part. It rests upon the view that human life,
even the life of an aggressor, is sufficiently important that
it should be preserved when to do so requires only the sac
rifice of the much less important interest in standing one's
ground." George E. Dix, "Justification: Self-defense," in 3
Encyclopedia of Crime and Justice 946. 948-49 (Sanford
H. Kadish ed., 1983).
retrial, n. (18c) A new trial ofan action that has already
been tried. See trial de novo under TRIAL. [Cases:
Federal Civil Procedure (;:::J2311; New Trial (;::;.-'0.5.]
retry, vb.
retribution, n. (14c) 1. Criminal law. Punishment
imposed as repayment or revenge for the offense com
mitted; requital. Cf. DETERRENCE; REHABILITATION (1).
[Cases: Sentencing and Punishment (;:::J44.J 2. Some
thing justly deserved; repayment; reward. retribu
tive, adj. -retribute, vb.
retributive danger. See DANGER.
retributive punishment. See PUNISHMENT.
retributivism (ri-trib-Yd-ta-viz-am). (1966) The legal
theory by which criminal punishment is justified, as
long as the offender is morally accountable, regardless
of whether deterrence or other good consequences
would result . According to retributivism, a criminal
is thought to have a debt to pay to society, which is
paid by punishment. The punishment is also sometimes
said to be society's act ofpaying back the criminal for
the wrong done. Opponents of retributivism some
times refer to it as vindictive theory." Cf. hedonistic
utilitarianism under UTILITARIANISM; UTILITARIAN
DETERRENCE THEORY. [Cases: Sentencing and Punish
ment (;:::J44.J
maximalist retributivism.The classical form ofretrib
utivism, espoused by scholars such as Immanuel Kant,
under which it is argued that society has a duty, not
just a right, to punish a criminal who is guilty and
culpable, that is, someone who has no justification
or excuse for the illegal act.
minimalist retributivism. The more contemporary
form of retributivism, which maintains that no
one should be punished in the absence of guilt and

retroactive 1432
culpability (that is, unless punishment is deserved),
and that a judge may absolve the offender from pun
ishment, wholly or partially, when doing so would
further societal goals such as rehabilitation or deter
rence.
retroactive, adj. (17c) (Ofa statute, ruling, etc.) extend
ing in scope or effect to matters that have occurred in
the past. Also termed retrospective. Cf. PROSPECTIVE
(1). [Cases: Administrative Law and Procedure C~:::>419;
Courts 100(1); Statutes C=>278.2.] retroactiv
ity, n.
"'Retroactivity' is a term often used by lawyers but rarely
defined. On analysis it soon becomes apparent, moreover,
that it is used to cover at least two distinct concepts. The
first, which may be called 'true retroactivity,' consists in
the application of a new rule of law to an act or transaction
which was completed before the rule was promulgated.
The second concept, which will be referred to as 'quasi
retroactivity,' occurs when a new rule of law is applied to
an act or transaction in the process of completion .... [T]
he foundation of these concepts is the distinction between
completed and pending transactions ...." T.C. Hartley, The
Foundations ofEuropean Community Law 129 (1981).
retroactive law. (18c) A legislative act that looks backward
or contemplates the past, affecting acts or facts that
existed before the act came into effect. - A retroactive
law is not unconstitutional unless it (1) is in the nature
ofan ex post facto law or a bill ofattainder, (2) impairs
the obligation ofcontracts, (3) divests vested rights, or
(4) is constitutionally forbidden. Also termed retro
spective law; retroactive statute; retrospective statute.
[


(4) is constitutionally forbidden. Also termed retro
spective law; retroactive statute; retrospective statute.
[Cases: Statutes C=>278.3, 278.9.]
retrocession. (17c) l. The act of ceding something back
(such as a territory or jurisdiction). [Cases: United
States C=>3.] 2. The return ofa title or other interest in
property to its former or rightful owner. 3. The process
oftransferring all or part ofa reinsured risk to another
reinsurance company; reinsurance ofreinsurance.
Subsequent retrocessions are referred to as first retro
cession, second retrocession, and so on. 4. The amount
of risk that is so transferred.
retrocessionaire. Reinsurance. A reinsurer ofa reinsurer.
See RETROCESSION.
retrocessional agreement. An agreement proViding for
reinsurance ofreinsurance.
retrospectant evidence. See EVIDENCE.
retrospective, adj. See RETROACTIVE.
retrospective law. See RETROACTIVE LAW.
retrospective statute. See RETROACTIVE LAW.
return, n. (ISc) 1. A court officer's bringing back of
an instrument to the court that issued it; RETURN OF
WRIT <a sheriff's return ofcitation>. [Cases: Execution
C=>330-347.] 2. A court officer's indorsement on an
instrument brought back to the court, reporting what
the officer did or found <a return of nulla bona>. See
FALSE RETURN (1). 3. TAX RETURN <file your return
before April 15>. 4. (usu. pl.) An official report ofvoting
results <election returns>. 5. Yield or profit <return on
an investment>. See RATE OF RETURN. return, vb. capital return. Tax. Revenue that represents the repay
ment of cost or capital and thus is not taxable as
income. -Also termed return ofcapital.
fair return on investment. The usual or reasonable
profit in a business, esp. a public utility.
net return. 1he profit on an investment after deducting
all investment expenses.
return ofcapital. See capital return.
return date. See return day under DAY.
return day. See DAY.
returnee. A refugee whom authorities have returned to
the country oforigin; one who has fled from the home
country and then been sent back. [Cases: Aliens, Immi
gration, and Citizenship (;=644.]
returning board. An official body or commission that
canvasses election returns.
return ofprocess. See PROOF OF SERVICE.
return ofservice. See PROOF OF SERVICE.
return ofwrit. (18c) The sheriff's bringing back a writ
to the court that issued it, with a short written account
(usu. on the back) ofthe manner in which the writ was
executed. Often shortened to return. See RETURN
(1). [Cases: Execution C=>334; Sheriffs and Constables
C=>87.]
reunification. The return of a child who has been
removed from his or her parents because ofabuse or
neglect by one or both ofthem. When a child has been
removed from the home because of abuse or neglect,
the state's primary goal is family reunification as long
as this is in the best interests of the child. The state is
required, in most instances, to provide the parent or
parents with services that will enable them to proVide
adequately for their child upon his or her return. After
the enactment of the Adoption and Safe Families Act
in 1997, states became more concerned with limiting
the time that children are in foster care and less con
cerned with lengthy reunification plans. -Also termed
family reunification. See ADOPTION AND SAFE FAMILIES
ACT; PERMANENCY PLAN; ADOPTION ASSISTANCE A:'<lD
CHILD WELFARE ACT. [Cases: Infants 231.]
reunify, vb.
re-up, vb. 1. To reenlist in one of the armed forces <the
soldier re-upped the day after being discharged>.
[Cases: Armed Services (r'18.5.] 2. To sign an exten
sion to a contract, esp. an employment agreement <the
star athlete re-upped in a three-year deal worth $12
million>.
reus (ree-ds). [Latin] Roman & civil law. 1. A defendant.
Cf. ACTOR (3). 2. A party to a suit, whether plaintiffor
defendant. 3. A party to a contract or transaction, esp.
one assuming a debt or obligation. 4. Roman law. In
criminal law, an accused or convicted person. PI. rei.
Fem, rea, pI. reae.
reus promittendi (ree-ds proh-mi-ten-dI). [Latin "party
promising"] Roman law. The answerer in a Roman-law

1433 reverse doctrine of equivalents
stipulation. Also termed promissor. See STIPULA
TION (3).
reus stipulandi (ree-;)s stip-Yd-lan-dI). [Latin "party
stipulating"] Roman law. The questioner in a Roman
law stipulation. -Also termed stipulator. See STIPU
LATION (3).
revalidation. See REPUBLICATION (2).
revaluation, n. An increase in the value ofone currency
in relation to another currency. Cf. DEVALUATION.
revalue, vb.
revaluation surplus. See SURPLUS.
rev'd. abbr. Reversed.
reve (reev). Hist. The bailiff of a franchise or manor. See
REEVE.
revendication, n. 1. The recovery or claiming back of
something by a formal claim or demand. 2. Civil law.
An action to recover real rights in and possession of
property that is wrongfully held by another.  This
is analogous to the common-law replevin. [Cases:
Replevin (,-'-:::c 1.] revendicate, vb.
revendicatory action. See petitory action under ACTION
(4).
revenue. (I5c) Gross income or receipts.
general revenue. The income stream from which a state
or municipality pays its obligations unless a law calls
for payment from a special fund. See general fund
under FUND (1). [Cases: Municipal Corporations~'
886; States ~126.]
land revenue. Revenue derived from lands owned by
the Crown in Great Britain . Since, over the years,
crown lands have been largely granted to subjects,
they are now transferred within very narrow limits.
See Crown land under LAND.
marginal revenue. The amount ofrevenue earned from
the sale of one additional unit.
public revenue. A government's income, usu. derived
from taxes, levies, and fees.
revenue agent's report. A report indicating any adjust
ments made to a tax return as a result ofan IRS audit.
 After an audit, this report is mailed to the taxpayer
along with a thirty-day letter. Abbr. RAR. See
THIRTY-DAY LETTER.
revenue bill. See BILL (3).
revenue bond. See BOND (3).
Revenue Procedure. An official statement by the IRS
regarding the administration and procedures of the
tax laws. -Abbr. Rev. Proc. [Cases: Internal Revenue
~3048.J
Revenue Ruling. An official interpretation by the IRS
of the proper application of the tax law to a specific
transaction . Revenue Rulings carry some authorita
tive weight and may be relied on by the taxpayer who
requested the ruling. Abbr. Rev. Rul. [Cases: Internal
Revenue C.:::~'3043, 3049.] revenue stamp. (1862) A stamp used as evidence that a
tax has been paid. [Cases: Internal Revenue (.:::;)4406;
Taxation ~3679.]
revenue tariff. See TARIFF (2).
re, verbis, literis, consensu (ree, vilr-bis, lit-;)r-is, k<ln
sen-s[y]oo). [Latin] Roman law. By the performance
(namely, handing over), by words, by writing, by
consent.  The phrase appeared in reference to the four
classes of Roman contract.
reversal, n. (15c) 1. An appellate court's overturning
of a lower court's decision. [Cases: Appeal and Error
C::> 1156-1180; Criminal Law 1185-1190; Federal
Courts (.::::'932.J 2. Securities. A change in a security's
near-term market-price trend.
reverse, vb. To overturn (a judgment) on appeal.  Some
times, the verb is used without a direct object <We
reverse>. The equivalent expression in British English
is to allow the appeal. [Cases: Appeal and Error ~
1156-1180; Criminal Law (::::;,1187; Federal Courts
932.]
reverse annuity mortgage. See MORTGAGE.
reverse bear hug. See BEAR HUG.
reverse bonus. See reverse contingentfee under CONTIN
GENT FEE.
reverse condemnation. See inverse condemnation under
CONDEMNATION.
reverse confusion. See CONFUSION.
reverse-confusion doctrine. Intellectual property. 1he
rule that it is unfair competition if the defendant's use
of a title that is confUSingly similar to the one used by
the plaintiff leads the public to believe that the plain
tiff's work is the same as the defendant's, or that it is
derived from or associated in some manner with the
defendant.  Under the conventional passing-off form
of unfair competition, similarity of titles leads the
public to believe that the defendant's work is the same
as the plaintiff's work, or is in some manner derived
from the plaintiff. But in reverse confusion, the unfair
competition results from the confusion created about
the origin ofthe plaintiff's work. [Cases: Antitrust and
Trade Regulation (.::~'38; Trademarks ~1089.]
reverse consensus. Intellectual property. In a dispute-set
tlement procedure under TRIPs, an agreement between
the parties that a dispute should not be submitted to
a World Trade Organization panel for adjudication.
 Before TRIPs, any party could delay formation of
a WTO panel or adoption of its report by withhold
ing consensus. Under TRIPs, each process is automatic
unless all parties agree not to go forward.
reverse contingent fee. See CONTINGENT FEE.
reverse discovery. See reverse Jencks material under
JENCKS MATERIAL.
reverse discrimination. See DISCRIMINATION.
reverse doctrine of equivalents. See DOCTRINE OF
EQUIVALENTS.

1434 reverse-engineering
reverse-engineering. Intellectual property. The process
of discovering how an invention works by inspect
ing and studying it, esp. by taking it apart in order to
learn how it works and how to copy it and improve it.
 Reverse engineering is a proper means of discovering
trade secrets, according to the Uniform Trade Secrets
Act, and is a defense against a suit for misappropriation
oftrade secrets. But it is not a defense in a suit for patent
infringement. -reverse-engineer, vb.
reverse Erie doctrine. I. 'Ihe rule that a state court must
apply federal law when state law is preempted by federal
law or federal law prevails by an Erie-like balancing of
the facts in situations not already regulated by Congress
or the Constitution. 2. Maritime law. The principle that a
state court hearing an admiralty or maritime case must
apply federal admiralty law even ifthat law conflicts with
the law of the state. Often shortened to reverse Erie.
Also termed converse-Erie doctrine; inverse-Erie doctrine.
Cf. ERIE DOCTRINE. [Cases: Admiralty C-::'1.20.]
reverse FOIA suit (foY-J). A lawsuit by the owner of a
trade secret or other information exempt from disclo
sure under a freedom-of-information act to prevent a
governmental entity from making that information
available to the public. See FREEDOM OF INFORMATION
ACT, [Cases: Records 63.]
reverse Jencks. See reverse Jencks material under JENCKS
MATERIAL.
reverse mortgage. See reverse annuity mortgage under
MORTGAGE.
reverse palming off. See PASSING OFF.
reverse passing off. See PASSING OFF.
reverse spot zoning. See ZONING.
reverse stock split. See STOCK SPLIT.
reverse subsidiary merger. See reverse triangular merger
under MERGER.
reverse transfer statute. See TRANSFER STATUTE.
reverse triangular merger. See MERGER.
reversible error. See ERROR (2).
reversio (ri-v;Jr-shee-oh). [Law Latin] Hist. The returning
ofland to the grantor.
reversion, n. (I5c) 1. The interest that is left after sub
tracting what the transferor has parted with from what
the transferor originally had; specif., a future interest
in land arising by operation oflaw whenever an estate
owner grants to another a particular estate, such as a
life estate or a term of years, but does not dispose ofthe
entire interest . A reversion occurs automatically upon
termination of the prior estate, as when a life tenant
dies. Also termed reversionary estate; estate in rever
sion; equitable reversion. [Cases: Reversions 2.
Loosely, REMAI:-<DER. Cf. POSSIBILITY OF REVERTER;
REMAINDER. reversionary, adj. -revert, vb.
reversionary estate. See REVERSION.
reversionary interest. See INTEREST (2).
reversionary lease. See LEASE. reversioner. (17c) 1. One who possesses the reversion
to an estate; the grantor or heir in reversion. [Cases:
Reversions 0~'1.] 2. Broadly, one who has a lawful
interest in land but not the present possession of it.
reversor. Scots law. A debtor who secures a debt bv
pledging property to a creditor and retaining a right
of reversion.
reverter. See POSSIBILITY OF REVERTER.
reverter guarantee. Real estate. A mortgage clause pro
tecting the mortgagee against a loss occasioned by the


reverter guarantee. Real estate. A mortgage clause pro
tecting the mortgagee against a loss occasioned by the
occurrence of a terminating event under a possibility of
reverter. See POSSIBILITY OF REVERTER. [Cases: Mort
gages 0;)211.]
revest, vb. (16c) To vest again or anew <revesting oftitle
in the former owner>.
rev'g. abbr. Reversing.
review, n. (15c) 1. Consideration, inspection, or reex
amination of a subject or thing. 2. Plenary power to
direct and instruct an agent or subordinate, including
the right to remand, modify, or vacate any action by
the agent or subordinate, or to act directly in place of
the agent or subordinate <Subject to the Assembly's
review, the Council enjoys the same powers of review
and delegation as the Assembly.>. review, vb.
administrative review. (1928) 1. Judicial review of an
administrative proceeding. [Cases: Administrative
Law and Procedure 0'='651.] 2. Review ofan admin
istrative proceeding within the agency itself. [Cases:
Administrative Law and Procedure ~513.]
appellate review. (1837) Examination of a lower court's
decision by a higher court, which can affirm, reverse,
modify, or vacate the decision. [Cases: Appeal and
Error ~836;Federal Courts ~751.]
discretionary review. (1914) The form of appellate
review that is not a matter of right but that occurs
only with the appellate court's permission. See CER
TIORARI. [Cases: Appeal and Error Federal
Courts (>660.1.]
judicial review. See JUDICIAL REVIEW.
reviewable issue. See appealable decision under
DECISION.
review hearing. See HEARING.
revised statutes. See STATUTE.
revision, n. (17c) 1. A reexamination or careful review
for correction or improvement. 2. Parliamentary law.
A general and thorough rewriting of a governing
document, in which the entire document is open to
amendment <bylaws revision>. 3. Military law. The
reconvening of a general or special court-martial to
revise its action or to correct the record because of an
improper or inconsistent action concerning the findings
or the sentence . A revision can occur only if it will
not materially prejudice the accused. [Cases: Military
Justice ~1397.] 4. An altered version ofa work.
revival, n. (17c) 1. Restoration to current use or operation;
esp., the act ofrestoring the validity or legal force ofan

1435
expired contract, an abandoned patent, or a dormant
judgment. Also termed (for a dormant judgment)
revival ofjudgment. Cf. RENEWAL (2). [Cases: Federal
Civil Procedure C=>2399; Judgment C,::>857-872.j 2.
Wills & estates. The reestablishment of the validity of
a revoked will by revoking the will that invalidated the
original will or in some other way manifesting the tes
tator's intent to be bound by the earlier will. Cf. REPUB
LICATION (2). [Cases: Wills 196-202.] 3. Patents.
Renewal ofa patent prosecution that has been deemed
abandoned because the applicant did not respond to an
office action within the statutory period . The appli
cant can petition for revival on the basis of unavoidable
or unintentional delay. 37 CFR  1.137. [Cases: Patents
C=> 107.] revive, vb.
revival statute. See STATUTE.
revivor. (i8c) A proceeding to revive an action ended
because of either the death ofone ofthe parties or some
other circumstance. [Cases: Abatement and Revival
Equity <';:-"303-309.]
Revlon duty. Delaware law. The obligation ofa company's
board of directors, upon deciding to sell the company
or when the sale ofthe company becomes inevitable, to
act reasonably in seeking out and accepting a transac
tion that offers the best value to shareholders . This
duty was first applied in Revlon v. MacAndrews &
Forbes Holdings Inc., 506 A.2d 173, 181-82 (Del. 1986).
[Cases: Corporations (;:='310(1), 584.]
revocable (rev-<l-b-b<ll), adj. (lSc) Capable of being
canceled or withdrawn <a revocable transfer>. [Cases:
Licenses (~:::) 58.]
revocable guaranty. See GUARANTY.
revocable letter ofcredit. See LETTER OF CREDIT.
revocable trust. See TRUST.
revocation (rev-a-kay-sh<ln), n. (15c) 1. An annulment,
cancellation, or reversal, usu. of an act or power. 2.
Contracts. Withdrawal of an offer by the offeror. Cf.
REPUDIATION (2); RESCISSION; REJECTION (1). [Cases:
Contracts 19; Sales C::22(2), 23(2).] 3. Wills &
estates. Invalidation of a will by the testator, either by
destroying the will or by executing a new one . A will,
or parts of a will, may be revoked by operation of law.
For example, most states have a statute providing for
the revocation, upon divorce, ofall provisions relating
to the testator's former spouse. [Cases: Wills C=> 167
195.] -revoke, vb.
revocation hearing. See HEARING.
revocatory action (rev-a-k<l-tor-ee or ri-vok-<l-tor-ee).
Civil law. An action brought by a creditor to annul a
contract that has been entered into by the debtor and
that will increase the debtor's insolvency. La. Civ. Code
art. 2036. [Cases: Fraudulent Conveyances
328.]
revocatur (ree-voh-kay-tar). [Latin] Hist. It is recalled.
In former English practice, this was used as a notation
on a judgment that was set aside because of a factual Rhodianlaw
error (as opposed to being reversed because oflegal
error).
revolution, n. An overthrow of a government, usu.
resulting in fundamental political change; a success
ful rebellion. revolutionary, adj. & n. -revolt, vb.
revolver loan. See LOAN.
revolving charge account. See revolVing credit under
CREDIT (4).
revolving credit. See CREDIT (4).
revolving fund. See FUND (1).
revolving letter ofcredit. See LETTER OF CREDIT.
revolving loan. See LOAN.
revolving performance bond. See PERFORMANCE BOND.
Rev. Proc. abbr. REVENUE PROCEDURE.
Rev. RuI. abbr. REVENUE RULING.
Rev. Stat. See revised statutes under STATUTE.
reward, n. 1. Something of value, usu. money, given in
return for some service or achievement, such as recov
ering property or providing information that leads
to the capture of a criminal. Cf. BOUNTY (1).[Cases:
Rewards <';:-)0.5.] 2. SALVAGE (3). reward, vb.
rewritten specification. See substitute specification
under SPECIFICATION (3).
rex (reks). (usu. cap.) 1. A king. 2. lhe official title of a
king. 3. The prosecution side (as representatives of the
king) in criminal proceedings in a monarchy. -Abbr.
R. Cf. REGINA.
rezone, vb. (1951) To change the zoning boundaries or
restrictions of(an area) <rezone the neighborhood>. See
ZONING. [Cases: Zoning and Planning (;c:;,> 151-199.]
RFA. abbr. REQUEST FOR ADMISSION.
RFI. abbr. REQUEST FOR INSTRUCTIONS.
RFP. abbr. 1. REQUEST FOR PRODUCTION. 2. See REQUEST
FOR PROPOSAL.
r.g. abbr. REGULA GENERALIS.
rhadamanthine (rad-<l-man-thin), adj. (often cap.)
(1840) (Of a judge) rigorous and inflexible <the judge's
rhadamanthine interpretation of procedural require
ments makes it essential to study the local rules before
appearing in court>.
Rhodian law (roh-dee-<ln). As legend would have it, the
earliest known system or code of maritime law, sup
posedly dating from 900 B.C. and adopted intact by
the Romans . Rhodian law was purportedly devel
oped by the people ofthe island Rhodes, located in the
Aegean Sea and now belonging to Greece. 'The ancient
inhabitants of Rhodes are said to have controlled the
seas because oftheir commercial prosperity and naval
superiority. Despite the uncertainties about its history,
Rhodian law has often been cited as a source of admi
ralty and maritime law.
"A strong tradition says that a maritime code was promul
gated by the Island of Rhodes, in the Eastern Mediterra'
nean, at the height of its power; the ridiculously early date
of gOO S.C has even been assigned to this suppositious

RHS 1436
code ~a date accepted uncritically by some legal scholars. I right, n. (bef. 12c) 1. That which is proper under law,
But even the existence of such a code has been pretty well
cast in doubt, and we know next to nothing of its contents,
if it existed. It is interesting to note, however, that the root
principle of the highly distinctive maritimelaw system of
general average ... is clearly stated in Justinian's Digest,
and that the Rhodian law is invoked as authority." Grant
Gilmore & Charles l. BlackJr., The Law ofAdmiralty  1-2,
at 3~4 (2d ed. 1975).
RHS. abbr. RURAL HOUSING SERVICE.
ribbon-matching rule. See MIRROR-IMAGE RULE.
Richard Roe. A fictitious name for a male party to a legal
proceeding, used because the party's true identity is
unknown or because his real name is being withheld;
esp., the second of two such parties. Cf. JOHN DOE.
[Cases: Federal Civil Procedure 101; Parties
67,73.]
RICO (ree-koh). abbr. (1972) RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS ACT.
RICO person. Under the Racketeer Influenced and
Corrupt Organizations Act, any individual or entity
capable of holding a legal or beneficial interest in
property and posing a continuous threat of engaging
in the acts of racketeering. [Cases: Racketeer Influenced
and Corrupt Organizations (;:=>64.J
rider. An attachment to some document, such as a leg
islative bill or an insurance policy, that amends or sup
plements the document. A rider to a legislative bill
often addresses subject matter unrelated to the main
purpose ofthe bill. lCases: Insurance (;::;:;; 1845(1).]
rien culp (ryan kalp). [Law French "not guilty"] Hist. A
plea of not guilty.
rien dit (ryan dee). [Law French "says nothing"] Hist. A
plea of nihil dicit. See NIHIL DICIT.
den luy doit (ryan lwee dwah). [Law French "owes him
nothing"] Hist. A plea of nil debet. See NIL DEBET.
riens en arriere (ryan aw-nah-ree-air). [Law French
"nothing in arrear"] Hist. A plea in a debt action for
arrearages ofaccount.
riens passa per Ie fait (ryan pah-sah pair 1;) fay). [Law
French "nothing passed by the deed "] Hist. A plea by
which a party seeks to avoid the operation ofa deed that
has been enrolled or acknowledged in court.
riens per descent (ryan pair day-sawn). [Law French
"nothing by descent"] Hist. The plea of an heir who is
sued for the ancestor's debt and who received no land
or assets from the ancestor.
rier county. See RERE-COUNTY.
RIF. abbr. Reduction in force. See LAYOFF.
rif, vb. Slang. To layoff (a worker). The word derives
from the acronym for reduction in force.
rigging the market. The practice ofartificially inflating
stock prices, by a series ofbids, so that the demand for
those stocks appears to be high and investors will there
fore be enticed into buying the stocks. See MANIPULA
TION. [Cases: Securities Regulation (;::;:;;60.25.] morality, or ethics <know right from wrong>. 2. Some
thing that is due to a person by just claim, legal guar
antee, or moral principle <the right ofliberty>. 3. A
power, privilege, or immunity secured to a person by
law <the right to dispose of one's estate>. 4. A legally
enforceable claim that another will do or will not do a
given act; a recognized and protected interest the viola
tion ofwhich is a wrong <a breach ofduty that infringes
one's right>. 5. (often pl.) The interest, claim, or own
ership that one has in tangible or intangible property
<a debtor's rights in collateral> <publishing rights>.
6. The privilege of corporate shareholders to purchase
newly issued securities in amounts proportionate to
their holdings. 7. The negotiable certificate granting
such a privilege to a corporate shareholder.
"Right is a correlative to duty; where there is no duty there
can be no right. But the converse is not necessarily true.
There may be duties without rights. In order for a duty to
create a right, it must be a duty to act or forbear. Thus,