ed. 1992).
introductory recital. (usu. pl.) A recital explaining how
and why the existing state ofaffairs is to be altered.
narrative recital. (usu. pl.) A recital dealing with
matters such as how the buyer and the seller came
together.
particular recital. A recital that states a fact defi
nitely.
recite, vb. See READ ON.
reckless, adj. (bef. 12c) Characterized by the creation of
a substantial and unjustifiable risk of harm to others
and by a conscious (and sometimes deliberate) disre
gard for or indifference to that risk; heedless; rash.
Reckless conduct is much more than mere negligence:
it is a gross deviation from what a reasonable person
would do. See RECKLESSNESS. Cf. CARELESS; WANTON.
[Cases: Automobiles C:::>330; Negligence <>274.]
recklessly, adv.
"Intention cannot exist without foresight, but foresight can
exist without intention. For a man may foresee the possible
or even probable consequences of his conduct and yet
not desire them to occur; none the less if he persists on
his course he knowingly runs the risk of bringing about
the unwished result. To describe this state of mind the
word 'reckless' is the most appropriate. The words 'rash'
and 'rashness' have also been used to indicate this same
attitude." J.W. Cecil Turner, Kenny's Outlines of Criminal
Law 28 (16th ed. 1952).
reckless disregard. See DISREGARD.
reckless driving. (1902) The criminal offense of operat
ing a motor vehicle in a manner that shows conscious reckless endangerment. (1968) The criminal offense of
putting another person at substantial risk of death or
serious injury.  This is a statutory, not a common-law,
offense. [Cases: Assault and Battery <>48.]
reckless homicide. See HOMICIDE.
reckless indifference. See deliberate indifference under
INDIFFERENCE.
reckless knowledge. See KNOWLEDGE.
reckless negligence. See gross negligence under NEGLI
GENCE.
recklessness, n. (bef. 12c) 1. Conduct whereby the actor
does not desire harmful consequence but nonetheless
foresees the possibility and consciously takes the risk.
 Recklessness involves a greater degree of fault than
negligence but a lesser degree of fault than intentional
wrongdoing. [Cases: Negligence <>274.1 2. The state of
mind in which a person does not care about the conse
quences ofhis or her actions. Also termed heedless
ness. Cf. WANTONNESS. [Cases: Negligence C=)274.]
"The ordinary meaning of the word [recklessness] is a high
degree of carelessness. It is the doing of something which
in fact involves a grave risk to others, whether the doer
realises it or not. The test is therefore objective and not
subjective." R.F.v. Heuston, Salmond on the Law of Torts
194 (17th ed. 1977).
"An abiding difficulty in discussing the legal meaning of
recklessness is that the term has been given several dif
ferent shades of meaning by the courts over the years. In
the law of manslaughter, 'reckless' was long regarded as
the most appropriate adjective to express the degree of
negligence needed for a conviction: in this sense, it meant
a high degree of carelessness. In the late 1950s the courts
adopted a different meaning of recklessness in the context
of mens rea, referring to D's actual awareness of the risk
of the prohibited consequence occurring: we shall call this
'common-law recklessness.' Controversy was introduced
into this area in the early 1980s, when the House of Lords
purported to broaden the meaning of recklessness so as to
include those who failed to give thought to an obviOUS risk
that the consequence would occur ...." Andrew Ashworth,
Principles ofCriminal Law 154 (1991).
reclamation (rek-l<l-may-sh;m), n. (l848) L The act or an
instance of improving the value ofeconomically useless
land by phYSically changing the land, such as irrigating
a desert. [Cases: Waters and Water Courses C=,"222.]
2. Commercial law. A seller's limited right to retrieve
goods delivered to a buyer when the buyer is insolvent.
DCC  2-702(2). See STOPPAGE IN TRANSITU. [Cases:
Sales C=;316.j 3. The act or an instance of obtaining
valuable materials from waste materials. reclaim,
vb.
i reclusion (ri-kloo-zh;m). Civil law. Incarceration as pun
ishment for a crime; esp. solitary confinement or con
finement at hard labor in a penitentiary.
recognition, n. (16c) 1. Confirmation that an act done
by another person was authorized. See RATIFICATION.
[Cases: Principal and Agent (~::> l70(2).] 2. The formal
admission that a person, entity, or thing has a particu
lar status; esp. a nation's act in formally acknowledging

the existence of another nation or national government.
3. Parliamentary law. The chair's acknowledgment that
a member is entitled to the floor <the chair recognizes
the delegate from Minnesota>. See PRECEDENCE (4).
"When any member desires to speak or deliver any matter
to the house, that person should rise and respectfully
address the presiding officer. When the presiding officer
recognizes the member by calling the member by name
or by indicating recognition, that person is entitled to the
floor and may address the body or present a matter of
business, but may not yield the floor to any other member."
National Conference of State Legislatures, Mason's Manual
ofLegislative Procedure  91, at 76-77 (2000).
4. Tax. The act or an instance of accounting for a
taxpayer's realized gain or loss for the purpose of
income-tax reporting. Cf. NONRECOGNITION PRO
VISION; REALIZATION (2). [Cases: Internal Revenue
~3115, 3178; Taxation ~3466.] 5. An employer's
acknowledgment that a union has the right to act as
a bargaining agent for employees. [Cases: Labor and
Employment ~1160.] 6. Int'llaw. Official action by
a country acknowledging, expressly or by implication,
de jure or de facto, the existence ofa government or a
country, or a situation such as a change of territorial
sovereignty. (Cases: International Law ~4.] 7. RULE
OF RECOGNITION. -recognize, vb.
recognition clause. Real estate. A clause providing that,
when a tract ofland has been subdivided for develop
ment, the ultimate buyers of individual lots are pro
tected ifthe developer defaults on the mortgage . Such
a clause is typically found in a blanket mortgage or a
contract for deed.
recognition picketing. See organizational picketing
under PICKETING.
recognition strike. See STRIKE.
recognitor (ri-kog-mH<Jr), n. 1. Rist. A member ofa jury
impaneled on an assize or inquest. See RECOGNITION
(1), (2). 2. Rare. RECOGNIZOR.
recognizance (ri-kog-n<J-z<Jnts). (14c) 1. A bond or obli
gation, made in court, by which a person promises to
perform some act or observe some condition, such as to
appear when called, to pay a debt, or to keep the peace;
sped!:, an in-court acknowledgment ofan obligation in
a penal sum, conditioned on the performance or non
performance of a particular act . Most commonly, a
recognizance takes the form of a bail bond that guaran
tees an unjailed criminal defendant's return for a court
date <the defendant was released on his own recogni
zance>. See RELEASE ON RECOGNIZANCE. [Cases: Bail
63; Recognizances
"Recognizances are aptly described as 'contracts made
with the Crown in its judicial capacity.' A recognizance is
a writing acknowledged by the party to it before a judge
or officer having authority for the purpose, and enrolled
in a court of record. It usually takes the form of a promise,
with penalties for the breach of it, to keep the peace, to be
of good behaVior, or to appear at the assizes." William R.
Anson, Principles of the Law of Contract 80-81 (Arthur L.
Corbin ed., 3d Am. ed. 1919).
"A recognizance is an acknowledgment of an obligation
in court by the recognizor binding him to make a certain
payment subject to the condition that on the performance of a specified act the obligation shall be discharged." 1
Samuel Williston, A Treatise on the Law ofContracts  6, at
18 (Walter H.E.Jaeger ed., 3d ed. 1957).
personal recognizance. (I8c) The release of a defendant
in a criminal case in which the court takes the defen
dant's word that he or she will appear for a scheduled
matter or when told to appear . This type ofrelease
dispenses with the necessity of the person's posting
money or having a surety sign a bond with the court.
[Cases: Bail <>;)40.]
2. See bail bond under BOND (2).
recognized gain. See GAIN (3).
recognized loss. See LOSS.
recognized market. See MARKET.
recognizee (ri-kog-n<J-zee). (16c) A person in whose
favor a recognizance is made; one to whom someone
is bound by a recognizance.
recognizor (ri-kog-n<J-zor). (16c) A person who is obli
gated under a recognizance; one who is bound by a
recognizance. -Also termed recognitor.
"A recognizance is an acknowledgment upon record of a
former debt, and he who so acknowledges such debt to
be due is termed the recognizor, and he to whom or for
whose benefit he makes such acknowledgment is termed
the recognizee." John Indermaur, Principles of the Common
Law 8 (Edmund H. Bennett ed., 1st Am. ed. 1878).
recollection, n. (l7c) 1. The action ofrecalling something
to the mind, esp. through conscious effort. 2. Some
thing recalled to the mind. See PAST RECOLLECTION
RECORDED; PRESENT RECOLLECTION REFRESHED.
recollect, vb.
recombinant (ri-kom-b<J-mnt), adj. Patents. Of, relating
to, or describing the introduction of DNA from one
living organism into another.
recombinant DNA technology. Patents. The science of
mutating organisms by splicing sections ofone organ
ism's DNA onto that ofanother. -Abbr. rDNA.
recommit. Parliamentary law. To refer (a motion) back
to a committee that has considered it.  The motion is
called "recommit" rather than "re-refer" for the sake
of euphony. See REFER. Cf. re-refer under REFER.
recommit, n.
recompensable. See COMPENSABLE.
recompensation. Scots law. In an action for debt, a plain
tiff's allegation that money owed to a defendant has
already been paid and should not be considered as a
setoff against an award to the plaintiff.
recompense (rek-<Jm-pents), n. (15c) Repayment, com
pensation, or retribution for something, esp. an injury
or loss. -recompense, vb.
reconciliation (rek-<Jn-sil-ee-ay-sh,m), n. (14c) 1. Resto
ration ofharmony between persons or things that had
been in conflict <a reconciliation between the plain
tiff and the defendant is unlikely even if the lawsuit
settles before trial>. 2. Family law. Voluntary resump
tion, after a separation, of full marital relations between
spouses <the court dismissed the divorce petition

after the parties' reconciliation>. Cf. CONDONATION
(2). [Cases: Divorce C=~48; Husband and Wife
279(3).] 3. Accounting. An adjustment of accounts so
that they agree, esp. by allowing for outstanding items
<reconciliation of the checking account and the bank
statement>. -reconcile (rek-;ln-srl), vb.
reconciliation agreement. Family law. A contract
between spouses who have had marital difficulties but
who now wish to save the marital relationship, usu.
by specifying certain economic actions that might
ameliorate pressures on the marriage. This type of
agreement serves a limited purpose. In fact. many states
have statutes prohibiting enforcement of contracts for
domestic services. so ifthe agreement governs anything
other than economic behavior. it may be unenforceable.
[Cases: Husband and Wife C='30.]
reconciliation statement. An accounting or financial
statement in which discrepancies are adjusted.
reconduction, n. 1. Civil law. The renewal of a lease.
Also termed relocation. See TACIT RELOCATION. [Cases:
Landlord and Tenant (;:::::90.] 2. Int'llaw. The forcible
return ofaliens (esp. illegal aliens. destitute or diseased
aliens, or alien criminals who have served their pun
ishment) to their country oforigin. Also termed (in
sense 2) renvoi. -reconduct, vb.
reconsider, vb. To discuss or take up (a matter) again
<legislators voted to reconsider the bill>. Under
parliamentary law, a motion to reconsider sets aside a
certain vote already taken and restores the motion on
which the vote is being reconsidered to its status imme
diately before the vote occurred. Making a motion to
reconsider suspends a vote already taken until the
assembly decides whether to reconsider it. recon
sideration, n.
"The motion to reconsider is a distinctively American
motion (it was first made the subject of a rule in the U. S.
House of Representatives in 1 B02).
"This motion was unknown to the early British Parliament


rule in the U. S.
House of Representatives in 1 B02).
"This motion was unknown to the early British Parliament.
When Parliament (the British Congress) passed an act. that
act then stood as the judgment of the body until another
law or supplementary act was afterward passed explain
ing or amending the previous act - a slowmoving and
time consuming process in the estimation of American
lawmakers.
"Consequently, the American love for celerity invented the
motion to reconsider. and cleverly made it a mere proce
dural or restoratory motion. As a result, the motion to
reconsider now makes possible immediate reconsideration
of a question, even on the same day." George Demeter,
Demeter's Manual of Parliamentary Law and Procedure
1S4 (1969).
reconsider and enter on the minutes. Parliamentary
law. To make a motion to reconsider for the purpose
of suspending a vote already taken and bringing it
back up at the next meeting, Also termed recon
sider and enter; reconsider and have it entered on the
minutes.
reconsignment. (16c) A change in the terms of a con
Signment while the goods are in transit. See CONSIGN
MENT. [Cases: Carriers 178.] reconstruction. 1. Ihe act or process of rebuilding, re
creating, or reorganizing something <an expert in
accident reconstruction>. 2. Patents. A rebuilding of
a broken, worn-out, or otherwise inoperative patented
article in such a way that a new article is created, thus
resulting in an infringement <the replacement of the
machine's essential parts was an infringing recon
struction rather than a permissible repair>. Cf. REPAIR
DOCTRINE. [Cases: Patents (;:::::255.] 3. (cap.) The process
by which the Southern states that had seceded during
the Civil War were readmitted into the Union during
the years follOWing the war (i.e., from 1865 to 1877)
<the 13th, 14th, and 15th Amendments to the U.S. Con
stitution are a lasting legacy of Reconstruction>.
recontinuance. (16c) Hist. 1. Resumption or renewal. 2.
The recovery of an incorporeal hereditament that had
been wrongfully deprived.
reconvention. Civil law. The act or process of making a
counterclaim. See COUNTERCLAIM. [Cases: Set-off and
Counterclaim (;:::::6.)
reconventional demand. See DEMAND (1).
reconventione (ree-bn-ven-shee-oh-nee). [Law Latin]
Hist. By reconvention. See RECONVENTION.
reconversion. The notional or imaginary process by
which an earlier constructive conversion (a change of
personal into real property or vice versa) is annulled
and the converted property restored to its original
character. See equitable conversion under CONVERSION
(1). [Cases: Conversion (;:::::22.]
reconveyance, n. (16c) The restoration or return of
something (esp. an estate or title) to a former owner or
holder. -reconvey, vb.
record, n. (Be) 1. A documentary account of past events,
usu. designed to memorialize those events. 2. Infor
mation that is inscribed on a tangible medium or that,
haVing been stored in an electronic or other medium,
is retrievable in perceivable form. UCC  2A-102(a)(34).
3. MINUTES (2). 4. The official report of the proceed
ings in a case, including the filed papers, a verbatim
transcript of the trial or hearing (if any), and tangible
exhibits. Also termed (in some jurisdictions) clerk's
record; (in BrE) bundle. See DOCKET (1). [Cases: Admin
istrative Law and Procedure <8=>676; Appeal and Error
C-=493-717; Criminal Law 1086.1-1128; Federal
Courts (;:::::691.]
defective record. (I8c) 1. A trial record that fails to
conform to requirements of appellate rules. [Cases:
Appeal and Error (;:::::634-645; Criminal Law
1109; Federal Courts (:::>698.] 2. A flawed real-estate
title resulting from a defect on the property's record
in the registry of deeds. [Cases: Vendor and Purchaser
C='231(6).]
public record. (l6c) A record that a governmental unit
is required by law to keep, such as land deeds kept at
a county courthouse . Public records are generally
open to view by the public. Cf. public document under
DOCUMENT. [Cases: Records <8::;.' 1,30,54.]

record 1388
reporter's record. In some jurisdictions, a trial tran
script. -Also termed stenographer's record.
silent record. Criminal procedure. A record that fails
to disclose that a defendant voluntarily and know
ingly entered a plea, waived a right to counsel, or took
any other action affecting his or her rights. [Cases:
Criminal Law C=>1144.1-1144.20.]
stenographer's record. See reporter's record.
record, vb. To deposit (an original or authentic official
copy of a document) with an authority <she recorded
the deed in the county property office>. [Cases: Records
recorda (ri-kor-d;l). Hist. In England, records that con
tained the judgments and pleadings in actions tried
before the barons ofthe Exchequer. Cf. ORIGINALIA.
record agent. See INSURANCE AGENT.
recordal. See RECORDATION.
recordare (ree-kor-dair-ee), n. [Law Latin] See RECORD
ARI.
recordari (ree-kor-dair-r). A writ to bring up for review,
as a substitute for an appeal, a judgment of a justice
of the peace or other court not of record. -Writs of
recordari are most common in North Carolina but
are used infrequently in other states. -Also spelled
recordare. [Cases: Justices of the Peace (;;=; 164(5).]
recordari facias loquelam (ree-kor-dair-r fay-shee-<'ls
l;l-kwee-l;lm), n. [Law Latin "you cause the plaint to
be recorded"] Hist. In England, a writ by which a suit
or plaint in replevin could be removed from a county
court to a superior court (esp. to one of the courts of
Westminster Hall). -Abbr. reo fa. 10. See PLAINT (1).
recordation (rek-<lr-day-sh;ln), n. The act or process of
recording an instrument, such as a deed or mortgage,
in a public registry . Recordation generally perfects a
person's interest in the property against later purchasers
(including later mortgagees), but the effect ofrecorda
tion depends on the type of recording act in effect.
Also termed recordal. [Cases: Records C=>6.]
recordatur (ri-kor-d<l-tuur). His!. An order to record the
verdict returned in a nisi prius case.
record date. See DATE.
recorded recollection. See PAST RECOLLECTION
RECORDED.
recorder. (15c) 1. Hist. A magistrate with criminal juris
diction in some British cities or boroughs. 2. A munici
pal judge with the criminal jurisdiction ofa magistrate
or a police judge and sometimes also with limited civil
jurisdiction. 3. A municipal or county officer who keeps
public records such as deeds, liens, and judgments.
court recorder. (18c) A court official who records court
activities using electronic recording equipment, usu.
for the purpose ofpreparing a verbatim transcript. Cf.
COURT REPORTER (1). [Cases: Courts
recorder ofdeeds. See register ofdeeds under REGISTER
(1). 4. SECRETARY (3).
recorder's court. See COURT.
recording act. (1802) A law that establishes the require
ments for recording a deed or other property interest
and the standards for determining priorities between
persons claiming interests in the same property (usu.
real property). -Recording acts -the three main types
ofwhich are the notice statute, the race statute, and the
race-notice statute are deSigned to protect bona fide
purchasers from earlier unrecorded interests. -Also
termed recording statute. See NOTICE STATUTE; RACE
STATUTE; RACE-NOTICE STATUTE. [Cases: Deeds
Records (;;=;9; Vendor and Purchaser C=231.]
recording agent. See INSURANCE AGENT.
recording officer. See SECRETARY (3).
recording secretary. See SECRETARY (3).
recording statute. See RECORDING ACT.
record notice. See NOTICE.
recordo et processu mittendis. See DE RECORDO ET
PROCESSU MITTEN DIS.
record of decision. Environmental law. A public
document, generated under CERCLA, describing a
federal agency's decision regarding an environmen
tal problem, identifying the remedies considered and
which one is best, stating whether practical means to
minimize or prevent environmental harms caused by
the chosen remedy have been adopted, and summariz
ing a plan for monitoring and enforcing any measures
required to mitigate environmental harm. -Abbr.
ROD. [Cases: Environmental LawC::~439.1
record on appeal. The record ofa trial-court proceedi ng
as presented to the appellate court for review. Also
termed appellate record. See RECORD (4). [Cases: Appeal
and ErrorC::>493-717; Criminal LawC=>1086.1-1128;
Federal Courts (;;=;691-710.]
record owner. See OWNER.
record title. See TITLE (2).
recordum (ri-kor-d<'lm). [Law Latin] Hist. A record, esp.
a judicial one.
recoupment (ri-koop-m;lnt), n. (17c) 1. The recovery or
regaining ofsomething, esp. expenses. 2. The withhold
ing, for equitable reasons, of all or part of something
that is due. See EQ1;ITABLE RECOUPMENT (1), (2). 3.
Reduction ofa plaintiff's damages because ofa demand
by the defendant arising out of the same transaction.
See EQUITABLE RECOUPMENT (3). Cf. SETOFF (2). [Cases:
Set-off and Counterclaim (;;=;6.]4. The right ofa defen
dant to have the plaintiff's claim reduced or eliminated
because ofthe plaintiffs breach of contract or duty in
the same transaction. 5. An affirmative defense alleging
such a breach. 6. Archaic. A counterclaim arising out of
the same transaction or occurrence as the one on which
the original action is based. -In modern practice, the
recoupment has been replaced by the compulsory coun
terclaim. recoup, vb.

recourse (ree-kors or ri-kors). (14c) 1. The act ofseeking
help or advice. 2. Enforcement of, or a method for
enforcing, a right. 3. The right of a holder of a nego
tiable instrument to demand payment from the drawer
or indorser if the instrument is dishonored. See WITH
RECOURSE; WITHOUT RECOURSE. 4. The right to repay
ment ofa loan from the borrower's personal assets, not
just from the collateral that secured the loan.
recourse loan. See LOAN.
recourse note. See NOTE (1).
recover, vb. (14c) 1. To get back or regain in full or in
equivalence <:the landlord recovered higher operating
costs by raising rent>. 2. To obtain by a judgment or
other legal process <the plaintiff recovered punitive
damages in the lawsuit>. 3. To obtain (a judgment) in
one's favor <the plaintiff recovered a judgment against
the defendant>. 4. To obtain damages or other relief;
to succeed in a lawsuit or other legal proceeding <the
defendant argued that the plaintiff should not be
allowed to recover for his own negligence>.
recoverable, adj. (14c) Capable of being recovered, esp.
as a matter oflaw <court costs and attorney's fees are
recoverable under the statute>. -recoverability, n.
recovered-memory syndrome. See REPRESSED-MEMORY
SYNDROME.
recoveree. Hist. The party against whom a judgment
is obtained in a common recovery. See COMMON
RECOVERY.
recoveror. Hist. The demandant who obtains a judgment
in a common recovery. See COMMON RECOVERY.
recovery. (15c) 1. The regaining or restoration of some
thing lost or taken away. 2. The obtainment of a right
to something (esp. damages) by a judgment or decree.
3. An amount awarded in or collected from a judgment
or decree.
double recovery. (1813) L A judgment that erroneously
awards damages twice for the same loss, based on two
different theories of recovery. [Cases: Damages
15.]2. Recovery by a partyofmore than the maximum
recoverable loss that the party has sustained.
recrimination (ri-krim-i-nay-sh,m), n. 1. Family law.
Archaic. In a divorce suit, a countercharge that the
complainant has been guilty of an offense constitut
ing a ground for divorce . When both parties to the
marriage have committed marital misconduct that
would be grounds for divorce, neither may obtain a
fault divorce. Recriminations are now virtually obsolete
because ofthe prevalence ofno-fault divorce. See COM
PARATIVE RECTITUDE. Cf. COLLUSION (2); CONNIV
ANCE (2); CONDONATION (2). [Cases: Divorce
2. Criminal law. An accused person's counteraccusa
tion against the accuser.  The accusation may be for
the same or a different offense. recriminatory, adj.
recross-examination. (1869) A second cross-examina
tion, after redirect examination. -Often shortened to
recross. See CROSS-EXAMINATION. [C


ina
tion, after redirect examination. -Often shortened to
recross. See CROSS-EXAMINATION. [Cases: Witnesses
(;=291.] recta gubernatio (rek-ta g[y]oo-bar-nay-shee-oh), n.
[Latin "right government"] A government in which the
highest power, however strong and unified, is neither
arbitrary nor irresponsible, and derives from a law that
is superior to itself. Also termed legitima guberna
tio.
rectification (rek-ta-fi-kay-shan), n. (18c) 1. A court's
equitable correction ofa contractual term that is mis
stated; the judicial alteration of a written contract to
make it conform to the true intention of the parties
when, in its original form, it did not reflect this inten
tion. _ As an equitable remedy, the court alters the
terms as written so as to express the true intention of
the parties. The court might do this when the rent is
wrongly recorded in a lease or when the area of land
is incorrectly cited in a deed. [Cases: Reformation of
Instruments C=> LJ 2. A court's slight modification of
words ofa statute as a means of carrying out what the
court is convinced must have been the legislative intent.
-For example, courts engage in rectification when they
read and as or or shall as may, as they frequently must
do because of unfastidious drafting. See REFORMA
TION. rectify, vb.
rectification of boundaries. Hist. An action to deter
mine or correct the boundaries between two adjoining
pieces ofland. [Cases: Boundaries C=>Z7.]
rectification of register. Rist. A process by which a
person whose name was wrongly entered in or omitted
from a record can compel the recorder to correct the
error.
reetitudo (rek-ta-t[yJoo-doh). [Law Latin] A right or legal
due; a tribute or payment.
recto de advocatione. See DE RECTO DE ADVOCATIONE.
recto de rationabili parte. See DE RECTO DE RATIONABILl
PARTE.
recto patens. See DE RECTO PATENS.
rector (rek-tdr). 1. Eccles. law. The spiritual head and
presiding officer of a parish. Also termed parson.
Cf. VICAR.
impropriate rector. A lay rector as opposed to a clerical
rector.
rector sinecure (sI-nee-kyoor-ee). A rector who does
not have the cure of souls.
2. Roman law, A governor or ruler.
rector provinciae (pra-vin-shee-ee). A governor of a
province.
rectum (rek-tam). [Latinl 1. Right. 2. A trial or accusa
tion.
rectus (rek-tas). [Latin "right"] Rist. (Of a line ofdescent)
straight; direct. Cf. OBLIQUUS.
rectus in curia (rek-t<)s in kyoor-ee-d), adj. [Latin "right
in the court") Hist. Free from charge or offense; com
petent to appear in court and entitled to the benefit of
law. See LEGALIS HOMO.

recuperatio (ri-k[y]oo-p;}-ray-shee-oh), n. [Latin
"recovery"] Hist. Judicial restitution ofsomething that
has been wrongfully taken or denied.
recuperator (ri-k[y]oo-p<l-ray-tor), n. [Latin "assessor"]
Roman law. 1. A member of a mixed body ofcommis
sioners, appointed by a convention between two states
tor the purpose of adjusting any claims or disputes
that might arise between the members ofthose states.
2. One of a bank of judges, instead of a single judex,
appointed to hear civil cases that had a publiC-interest
element. PI. recuperatores (ri-k[y]oo-p<l-r<l-tor-eez).
recurrent nuisance. See NUISANCE.
recusable (ri-kyoo-z;:>-b<ll), adj. (1863) 1. (Of an obliga
tion) arising from a party's voluntary act and that can
be avoided. Cf. IRRECUSABLE. 2. (Of a judge) capable of
being disqualified from sitting on a case. [Cases: Judges
(;::J39-56.]3. (Of a fact) providing a basis for disquali
fying a judge from sitting on a case.
recusal (ri-kyoo-z<'ll), n. (1949) Removal of oneself
as judge or policy-maker in a particular matter, esp.
because of a contlict of interest. -Also termed recu
sation; recusement. Cf. DISQUALIFICATION. [Cases:
Administrative Law and Procedure (;::J314; Judges
(;::J39-56.]
recusant (rek-Y<'l-z<lnt or ri-kyoo-z<lnt), adj. (l6c)
Refusing to submit to an authority or comply with a
command <a recusant witness>.
recusant (rek-Y<l-z<'lnt or ri-kyoo-z<'lnt), n. 1. Eccles. law.
A person (esp. a Roman Catholic) who refuses to attend
the services ofthe established Church ofEngland. 2. A
person who refuses to submit to an authority or comply
with a command.
recusatio judicis (reh-kyoo-zay-shee-oh joo-dish-is),
n. [Latin] Eccles. law. The procedure and grounds by
which a judge may be challenged and removed from
hearing a case . The grounds for disqualification tra
ditionally include great friendship or enmity with a
party, close kinship to a party, acceptance of a bribe,
previously giving counsel to a party, or demonstrated
ignorance of the law. A panel ofthree arbiters, chosen
by the challenging party and the judge, decides whether
the party's complaint has merit.
recusation (rek-Y<l-zay-sh<ln). 1. Civil law. An objec
tion, exception, or appeal; esp. an objection alleging a
judge's prejudice or conflict of interest. [Cases: Judges
(;::J39-56.J 2. RECUSAL.
recuse (ri-kyooz), vb. (16c) 1. To remove (oneself) as
a judge in a particular case because of prejudice or
conflict of interest <the judge recused himself from
the trial>. [Cases: Judges (;::J39-56.] 2. To challenge
or object to (a judge) as being disqualified from hearing
a case because ofprejudice or a conflict ofinterest <the
defendant filed a motion to recuse the trial judge>.
recusement. See RECIJSAL.
redaction (ri-dak-sh<ln), n. (18c) 1. The careful editing
of a document, esp. to remove confidential references
or offensive material. [Cases: Criminal Law (,'":::>663; Federal Civil Procedure (;::J2011; Records (;::J66; Trial
<>~)39.J 2. A revised or edited document. -redac
tional, ad}. -redact, vb.
red-cow case. See WHITEHORSE CASE.
reddendo (ri-den-doh). Scots law. 1. A clause in a charter
specifying a duty, rent, or service due from a vassal
to a superior. 2. The duty or service specified in this
clause; feu duty.
reddendo singulasingulis (ri-den-doh sing-gy<l-l<'l sing
gy<'l-lis). [Latin "by rendering each to each"] Assigning
or distributing separate things to separate persons, or
separate words to separate subjects . This was used
as a rule of construction deSigned to give effect to the
intention ofthe parties who drafted the instrument.
Also termed referenda singula singulis.
reddendum (ri-den-d;}m). [Latin "that must be given
back or yielded"] (17c) A clause in a deed by which
the grantor reserves some new thing (esp. rent) out of
what had been previously granted. [Cases: Deeds <:;,----::.
141-143.]
reddidit se (red-<l-dit see). [Latin "he has rendered
himself"] Hist. A person who has personally appeared
in order to discharge bail.
reddition (ri-dish-<ln). Hist. An acknowledgment in
court that one is not the owner of certain property
being demanded, and that it in fact belongs to the
demandant.
redditus. See REDITUS.
redeemable bond. See BOND (3).
redeemable ground rent. See ground rent (1) under RENT
(1).
redeemable security. See SECURITY.
redeemable stock. See STOCK.
redelivery. (15c) An act or instance of giving back or
returning something; restitution.
redelivery bond. See replevin bond under BOND (2).
redemise, n. (18e) An act or instance of conveying or
transferring back (an estate) already demised. See
DEMISE. -redemise, vb.
redemption, n. (l6c) 1. The act or an instance ofreclaim
ing or regaining possession by paying a specific price.
[Cases: Secured Transactions (;:::;241.] 2. Bankruptcy.
A debtor's right to repurchase property from a buyer
who obtained the property at a forced sale initiated by
a creditor. [Cases: Bankruptcy (;::J3034.] 3. Securities.
The reacquisition ofa security by the issuer . Redemp
tion usu. refers to the repurchase of a bond before
maturity, but it may also refer to the repurchase of stock
and mutual-fund shares. -Also termed (in reference to
stock) stock redemption; stock repurchase. [Cases: Cor
porations (;::J68, 376, 468.1.]4. Property. The payment
of a defaulted mortgage debt by a borrower who does
not want to lose the property. -Also termed dismort
gage. See EQUITY OF REDEMPTION. [Cases: Mortgages
(;=>591-624.]- redeemable, redemptive, redemp
tional adj. -redeem, vb.

1391 redlining
statutory redemption. (1851) The statutory right of
a defaulting mortgagor to recover property, within
a specified period, after a foreclosure or tax sale,
by paying the outstanding debt or charges. _ The
purpose is to protect against the sale of property at a
price far less than its value. See REDEMPTION PERIOD.
[Cases: Mortgages (>592.J
tax redemption. (1867) A taxpayer's recovery of
property taken for nonpayment oftaxes, accomplished
by paying the delinquent taxes and any interest, costs,
and penalties. [Cases: Taxation (>3001,3053.]
redemption agreement. See STOCK-REDEMPTION AGREE
MENT.
redemptioner. A person who redeems; esp. one who
redeems real property under the equity ofredemption
or the right ofredemption. See EQUITY OF REDEMPTION;
STATUTORY RIGHT OF REDEMPTION.
redemption period. The statutory period during which
a defaulting mortgagor may recover property after a
foreclosure or tax sale by paying the outstanding debt
or charges. [Cases: Mortgages (;=>599; Taxation
3011.]
redemption price. See PRICE.
redemptio operis (ri-demp-shee-oh op-a-ris), n. [Latin
"'redemption of work" JCivil law. A contract in which a
worker agrees to perform labor or services for a speci
fied price. Cf. locatio opera rum under LOCATIO.
redemptor (ri-demp-tar), n. Roman law. A contractor.
See CONDUCTOR (1).
redeundo (ree-dee-;m-doh). [Latin] Returning; in return
ing; while returning.
redevance (ruu-da-vahns). [French] Hist. Dues payable
by a tenant to the lord, not necessarily in money.
red herring. (1884) 1. An irrelevant legal or factual issue,
usu. intended to distract or mislead <law students
should avoid discussing the red herrings that professors
raise in exams>. 2. See preliminary prospectus under
PROSPECTUS.
red-herring prospectus. See preliminary prospectus
under PROSPECTUS.
redhibere (red-hi-beer-ee), vb. [Latin] Civil law. 1. To
return (a defective purchase) to the seller. 2. (Of a seller)
to take back (a defective purchase).
redhibition (red-[h]i-bish-an), n. Civil law. The voidance
ofa sale as the result ofan action brought on account of
some defect in a thing sold, on grounds that the detect I
renders the thing either useless or so imperfect that the
buyer would not have originally purchased it. La. Civ.
Code art. 2531. [Cases: Sales C~::) 119.] redhibitory
(red-hib-a-tor-ee), adj.
redhibitory action. See ACTION (4).
redhibitory defect. Civil law. A fault or imperfection
in something sold, as a result of which the buyer may
return the item and demand back the purchase price.
La. Civ. Code art. 2520. Also termed redhibitory vice.
[Cases: Sales (;::::-'" 119.] redimere (ri-dim-a-ree), vb. [Latin] 1. To buy back;
repurchase. 2. To obtain the release of by payment;
ransom.
redirect examination. (1865) A second direct exami
nation, after cross-examination, the scope ordinarily
being limited to matters covered during cross-exami
nation. -Often shortened to redirect. -Also termed
(in England) reexamination. See DIRECT EXAMINATION.
[Cases: Witnesses (:::::J285.]
rediscount, n. 1. The act or process ofdiscounting a nego
tiable instrument


:J285.]
rediscount, n. 1. The act or process ofdiscounting a nego
tiable instrument that has alreadv been discounted, as
by a bank. 2. (usu. pl.) A negoti~ble instrument that
has been discounted a second time. See DISCOUNT.
rediscount, vb.
rediscount rate. See INTEREST RATE.
redisseisin (ree-dis-see-zin), n. (16c) 1. A disseisin by
one who has already dispossessed the same person of
the same estate. 2. A writ to recover an estate that has
been dispossessed by redisseisin. -Also spelled redis
seizin. See DISSEISIN. -redisseise (ree-dis-seez), vb.
redisseisina. See DE REDISSEISINA.
redistribution. The act or process ofdistributing some
thing again or anew <redistribution of wealth>.
redistrict, vb. To organize into new districts, esp. legis
lative ones; reapportion. [Cases: States (>27; United
States 10.]
redistricting. See REAPPORTIONMENT.
reditus (red-a-tas), n. [Latin "return"] A revenue or
return; esp. rent. Also spelled redditus.
reditus albi (al-bI). [Latin "white return"] Rent payable
in silver or other money.
reditus capitales (kap-a-tay-Ieez). [Latin "capital
return"] Chief rent paid by a freeholder to go quit of
all other services. See QUIT RENT.
reditus nigri (nig-n). [Latin "black return"] Rent
payable in goods or labor rather than in money.
reditus quieti (kwl-ee-tI). [Latin "qUiet return"] See
QUIT RENT.
reditus siccus (sik-as). [Latin "dry return"] Rent seck.
See rent seck under RENT (2).
red-light abatement laws. An ordinance or statute
intended to eliminate and prohibit sex-oriented busi
nesses, usu. on grounds that they are public nuisances.
-Brothels were once typically identified by a red light
displayed in a window or in the front yard.
redlining, n. (1973) 1. Credit discrimination (usu.
unlawful discrimination) by an institution that refuses
to provide loans or insurance on properties in areas
that are considered to be poor financial risks or to the
people who live in those areas. [Cases: Civil Rights c:::=-",
1041, 1079; Consumer Credit (>31.]2. The process,
usu. automated, ofcreating, for an existing document,
an interim version that shows, through strike-outs and
other typographical features, all deletions and inser
tions made in the most recent revision. redline, vb.

redraft 1392
redraft, n. (l7c) A second negotiable instrument offered
by the drawer after the first instrument has been dis
honored. -redraft, vb.
redress (ri-dres or ree-dres), n. (14c) 1. Relief; remedy
<money damages, as opposed to equitable relief, is the
only redress available>. [Cases: Damages 3.] 2.
A means ofseeking relief or remedy <if the statute of
limitations has run, the plaintiff is without redress>.
redressable, adj. redress (ri-dres), vb.
penal redress. A form of penal liability requiring full
compensation of the injured person as an instru
ment for punishing the offender; compensation paid
to the injured person for the full value ofthe loss (an
amount that may far exceed the wrongdoer's benefit).
See RESTITUTION.
restitutionary redress. Money paid to one who has
been injured, the amount being the pecuniary value
ofthe benefit to the wrongdoer. See RESTITUTION.
red tape. A bureaucratic procedure required to be
followed before official action can be taken; esp. rigid
adherence to time-consuming rules and regulations;
excessive bureaucracy. _ The phrase originally referred
to the red ribbons that lawyers and government officials
once used to tie their papers together.
redubber. Rist. One who buys stolen cloth and redyes it
or makes it into something so that the cloth is unrec
ognizable.
reductio ad absurdum (ri-d~k-shee-oh or ri-d~k-tee-oh
ad ab-s~r-d;}m). [Latin "reduction to the absurd"] (18c)
In logic, disproof of an argument by showing that it
leads to a ridiculous conclusion.
reduction improbation. See IMPROBATION.
reduction in force. See LAYOFF.
reduction to practice. Patents. The embodiment of the
concept ofan invention, either by physical construction
and operation or by filing a patent application with a
disclosure adequate to teach a person reasonably skilled
in the art how to make and work the invention without
undue experimentation. -The date of reduction to
practice is critical in determining priority between
inventors competing for a patent on the same inven
tion. See INVENTION. [Cases: Patents C--::>90(5).]
actual reduction to practice. The empirical demonstra
tion that an invention performs its intended purpose
and is therefore complete for patent purposes; the
use of an idea or invention as by testing it -to
establish that the idea or invention will perform its
intended purpose. Brunswick Corp. v. U.S., 34 Fed.
Cl. 532,584 (1995).
constructive reduction to practice. The documented
demonstration that an invention will perform its
intended purpose, contained in a patent application
that provides enough detail that a person skilled in
the art could make and test the invention; the filing of
a patent application for an invention or design. Bruns
wick Corp. v. U. S., 34 Fed. Cl. 532, 584 (1995). [Cases:
Patents (;::::J90(5).j vicarious reduction to practice. A doctrine that treats
one party's actual reduction to practice ofan inven
tion as the opposing (usu. complaining) party's actual
reduction to practice. -In a two-party interference,
proofofderivation is usu. sufficient; showing an actual
reduction to practice is unnecessary. The doctrine is
more important in a three-party interference. [Cases:
Patents <':>90 (5).J
reenactment rule. (1941) In statutory construction, the
principle that when reenacting a law, the legislature
implicitly adopts well-settled judicial or administrative
interpretations ofthe law. [Cases: Statutes ~223.5.1
reentry, n. (I5c) 1. The act or an instance ofretaking pos
session ofland by someone who formerly held the land
and who reserved the right to retake it when the new
holder let it go. 2. A landlord's resumption of posses
sion ofleased premises upon the tenant's default under
the lease. See POWER OF TERMINATION reenter, vb.
reeve (reev). Rist. 1. A ministerial officer of high rank
having local jurisdiction; the chief magistrate of a
hundred. _ 'the reeve executed process, kept the peace,
and enforced the law by holding court within the
hundred. 2. A minor officer serving the Crown at the
hundred level; a bailiff or deputy-sheriff. 3. An overseer
ofa manor, parish, or the like. -Also spelled reve.
Also termed greve.
"All the freeholders, unless relieved by special exemption.
'owed suit' at the hundredmoot, and the reeve of the
hundred presided over it. In AngloSaxon times. the reeve
was an independent offiCial, and the hundredmoot was
not a preliminary stage to the shiremoot at all. ... But after
the Conquest the hundred assembly, now called a court as
all the others were. lost its importance very quickly. Pleas
of land were taken from it, and its criminal jurisdiction
limited to one of holding suspects in temporary detention.
The reeve of the hundred became the deputy of the sheriff,
and the chief purpose of holding the hundred court was to
enable the sheriff to hold his tourn and to permit a 'view of
frankpledge,' i.e., an inspection ofthe person who ought to
belong to the frankpledge system." Max Radin, Handbook
ofAngloAmerican Legal History 17475 (1936).
borough reeve. Rist. In England, the head ofan unin
corporated municipality.
shire-reeve. The reeve ofa shire. _ The shire-reeve was a
forerunner of the sheriff. -Also spelled shire-reve.
Also termed shire-gerefa.
reexamination, n. (17c) 1. REDIRECT EXAMINATION <the
attorney focused on the defendant's alibi during reex
amination>. [Cases: Witnesses C--::>285.] 2. Patents. A
proceeding by the U.S. Patent and Trademark Office to
determine whether prior art renders one or more claims
ofan already-issued patent invalid; speci, an adminis
trative procedure by which a party can seek review ofa
patent on the basis ofprior art by the PTO <the alleged
infringer, hoping to avoid liability, sought reexamina
tion ofthe patent to narrow its scope>. - A reexamina
tion may be sought by anyone, even the patentee or an
anonymous informant, at any time during the life ofa
patent. Only patents and publications may be consid
ered as prior art. 35 USCA  301-05. [Cases: Patents
(;::::J 134, 140.] reexamine, vb.

1393
ex parte reexamination. A reexamination procedure,
created in the early 1980s, that allows a challenger to
initiate a review by producing prior art and respond
ing to a patentee's statements regarding the new prior
art, but that excludes the challenger from further
participation in the examination process. -Ex parte
reexamination does not employ discovery mecha
nisms and witnesses are not examined. The chal
lenger also has no right to participate in an appeaL
See 35 USCA  302-07. Cf. inter partes reexamina
tion. [Cases: Patents C~140.J
inter partes reexamination. A reexamination pro
cedure, created in 1999, that allows a challenger to
initiate a review by producing prior art, to respond
to a patentee's statements regarding the new prior
art, to address the patentee's responses to any office
actions, and to request a hearing. -Both parties must
serve each other with documents filed in the proceed
ing, but there is no discovery and witnesses are not
examined. Either party may appeal the PTO's final
decision on patentability. Inter partes reexamination
is available to patents that issue from original applica
tions that were filed on or after November 29, 1999.
See 35 USCA  311-318. Cf. ex parte reexamination.
[Cases: Patents C::o 140.]
reexamination certificate. Patents. A certificate issued
by the U.S. Patent and Trademark Office at the conclu
sion ofa reexamination proceeding, confirming that a
patent has been reexamined and the claims have been
found to be patentable, confirming that claims deter
mined to be unpatentable have been canceled, or incor
porating into the patent any amended or new claims
determined to be patentable. 35 USCA  307. [Cases:
Patents C::o140.]
reexchange, n. 1. A second or new exchange. 2. The
process of recovering the expenses that resulted from
the dishonor ofa bill ofexchange in a foreign country.
3. The expenses themselves.
reexecution. (18c) 1he equitable remedy by which a lost
or destroyed deed or other instrument is replaced. _
Equity compels the party or parties to execute a new
deed or instrument ifa claimant properly proves a right
under one that has been lost or destroyed. [Cases: Lost
Instruments
reexport, n. 1. The act of exporting again something
imported. 2. A good or commodity that is exported
again. -reexport, vb.
reextent. Hist. A second extent made upon complaint
that the earlier extent was improper. See EXTENT.
re.fa.lo. abbr. RECORDARI FACIAS LOQUELAM.
refare (ri-fair-ee), vb. [Latin] To bereave; rob: take
away.
refection. Civil law. Repair or restoration, as of a
building.
refer. Parliamentary law. To send (a motion) to a com
mittee for its consideration or investigation, with a view
to a report from the committee back to the referring referendum
body. -Also termed commit. Cf. RECOMMIT; DIS
CHARGE (g).
re-refer. (Ofthe U.S. House of Representatives) to refer
a bill to a different committee from the one it was
originally referred to.
referee. (17c) 1. A type of master appointed by a court
to assist with certain proceedings. -In some jurisdic
tions, referees take testimony before reporting to the
court. See MASTER (2). [Cases: Federal Civil Procedure
<8=' 1890; Reference C-'J35-77.] 2. See judicial officer
(3) under OFFICER.
referee in bankruptcy. A federal judicial officer who
administers bankruptcy proceedings. -Abolished
by the Bankruptcy Reform Act of 1978, these referees
were replaced by bankruptcy judges. Also termed
register in bankruptcy. See bankruptcy judge under
JUDGE. [Cases: Bankruptcy C::02123.J
reference, n. (16c) 1. The act of sending or directing to
another for information, service, consideration, or
decision; specif., the act of sending a case to a master
or referee for information or decision. [Cases: Federal
Civil Procedure C::o1871; Reference <8=', 1.]
general reference. (18c


Federal
Civil Procedure C::o1871; Reference <8=', 1.]
general reference. (18c) A court's reference ofa case to
a referee, usu. with all parties' consent, to decide all
issues offact and law. -The referee's decision stands
as the judgment of the court. [Cases: Reference
1.]
special reference. (1831) Acourt's reference ofa case to
a referee for decisions on specific questions offact.
The special referee makes findings and reports them
to the trial judge, who treats them as adVisory only
and not as binding decisions. [Cases: Reference C::o
1.]
2. An order sending a case to a master or referee for
information or decision. [Cases: Federal Civil Proce
dure ~~1888; Reference C:J 29.J 3. Mention or citation
of one document or source in another document or
source. [Cases: Contracts C::o166.J 4. Patents. Infonna
tion such as that contained in a publication, another
patent, or another patent application that a patent
examiner considers to be anticipatory prior art or proof
of unpredictability in the art that forms a basis for one
or more of an applicant's claims to be rejected. See
CITATION (4). [Cases: Patents ~-::>57.1.1 refer, vb.
reference case. See CASE.
reference committee. See resolutions committee under
COMMITTEE.
reference statute. See STATUTE.
referendarius (ref-d-ren-dair-ee-ds), n. [Law Latin]
Roman law. An officer who received petitions to the
emperor and who delivered answers to the petitioners.
See APOCRISARIUS.
referenda singula singulis. See REDDENDO SINGULA
SINGULIS.
referendum. (1847) 1. 1be process of referring a state
legislative act, a state constitutional amendment,
or an important public issue to the people for final

1394 referral
approval by popular vote. [Cases: Constitutional Law
<)::>540-574; Statutes <::=341-367.J 2. A vote taken by
this method. 3. lnt'llaw. An ambassador's request for
instructions on subject matter that the ambassador
does not have sufficient power to address. PI. referen
dums, referenda. Cf. INITIATIVE; PLEBISCITE.
referral. (1927) 'The act or an instance of sending or
directing to another for information, service, consid
eration, or decision <referral of the client to an employ
ment-law specialist> <referral of the question to the
board ofdirectors>.
referral sales contract. A dual agreement consisting
ofan agreement by the consumer to purchase goods
or services (usu. at an inflated price) and an agree
ment by the seller to compensate the consumer for
each customer (or potential customer) referred to the
seller. Also termed referral sales agreement. Cf.
PYRAMID SCHEME. [Cases: Antitrust and Trade Regu
lation (~23L]
"The problem inherent in a referral sales contract is the
problem inherent in a chain letter -the success of the
arrangement depends on an inexhaustible supply of cus
tamers. For example, if each buyer submits 25 names and
each of these 'referrals' becomes a buyer under a similar
agreement, the completion of the seventh round of refer
rals requires 6.1 trillion persons .... Both courts and leg
islatures have acted agai nst referral sales .... The Uniform
Consumer Credit Code prohibits the use of referral sales
schemes in which the rebate is conditioned on 'the occur
rence of an event after the time the consumer agrees to
buy or lease.' In other words, a referral scheme keyed to
the consumer merely furnishing names is not affected: a
referral scheme keyed to the consumer furnishing names
of people who actually become customers is prohibited."
David G. Epstein & Steve H. Nickles, Consumer Law in a
Nutshell 39 (2d ed. 1981).
refinancing, n. An exchange of an old debt for a new
debt, as by negotiating a different interest rate or term
or by repaying the existing loan with money acquired
from a new loan. -refinance, vb.
reformation (reL:lr-may-sh~n), n. (1829) An equitable
remedy by which a court will modify a written agree
ment to reflect the actual intent of the parties, usu. to
correct fraud or mutual mistake in the writing, such as
an incomplete property description in a deed . In cases
of mutual mistake, the actual intended agreement must
usu. be established by clear and convincing evidence.
In cases of fraud, there must be clear evidence of what
the agreement would have been but for the fraud. See
RECTIFICATION. [Cases: Reformation of Instruments
-reform, vb.
"The standard explanation of reformation is that the parties
had an actual agreement, and that the writing does not
reflect that agreement .... If the parties made a mistake
about the premises of their agreement, about some fact
in the world outside their word-processing machines, ref
ormation is not a solution. The court cannot reform the
contract because it cannot know what the parties would
have agreed to but for the mistake." Douglas Laycock,
Modern American Remedies 39 (3d ed. 2002).
reformation condition. See conditional bequest under
BEQUEST.
reformative punishment. See PUNISHMENT. reformatory, n. (1834) A penal institution in which
young offenders, esp. minors, are diSciplined and
trained or educated. Also termed reform school.
[Cases: Infants C=271.]
refoulement (ri-fowl-mant). [French] Expulsion or
return ofa refugee from one state to another. Cf. NON
REFOULEMENT.
refreshing memory. See PRESENT RECOLLECTION
REFRESHED.
refreshing recollection. See PRESENT RECOLLECTION
REFRESHED.
refugee. A person who flees or is expelled from a
country, esp. because of persecution, and seeks haven
in another country. Cf. displaced person under PERSON
(1); EVACUEE. [Cases: Aliens, Immigration, and Citizen
ship C=:>504-543.]
refugeeism. The state ofbeing a refugee.
refund, n. 1. The return of money to a person who
overpaid, such as a taxpayer who overestimated tax
liability or whose employer withheld too much tax from
earnings. [Cases: Internal Revenue <::='4950; Taxation
(;:;;>2773, 2. The money returned to a person who
overpaid. 3. The act of refinancing, esp. by replacing
outstanding securities with a new issue of securities.
refund, vb.
refund annuity. See ANNUITY.
refunding. See FUNDING (2).
refunding bond. See BOND (2).
re-funding bond. See BOND (3).
refusal. (15c) 1. The denial or rejection of something
offered or demanded <the lawyer's refusal to answer
questions was based on the attorney-client privilege>.
2. An opportunity to accept or reject something before
it is offered to others; the right or privilege of haVing
this opportunity <she promised her friend the first
refusal on her house>. See RIGHT OF FIRST REFUSAL
[Cases: Contracts 16.5; Sales C=24; Vendor and
Purchaser C=18(.5).]
refusal to deal. A company's decision not to do business
with another company . A business has the right to
refuse to deal only ifit is not accompanied by an illegal
restraint oftrade. [Cases: Antitrust and Trade Regula
tion <::=657.]
refusal to pay. See VEXATIOUS DELAY.
refus de justice (ruu-foo dJ zhoos-tees). See DENIAL OF
JUSTICE.
refutantia (ref-yoo-tan-shee-<'l), n. [Law Latin] Hist. An
acquittance or an acknowledgment renouncing all
future claims.
refute, vb. (16c) 1. To prove (a statement) to be false. 2.
To prove (a person) to be wrong. Cf. REBUT.
Reg. abbr. 1. REGGLATIOK. 2. REGISTER.
reg, n. (usu. pl.) (1904) Slang. REGULATION (3) <review not
only the tax code but also the accompanying regs>.

1395
regale episcoporum (ri-gay-Iee <l-pis-b-por-<lm). Eccles.
law. The temporal rights and privileges of a bishop.
regalem habens dignitatem (ri-gay-l<lm hay-benz dig-ni
tay-tam). [Law Latin] Hist. Having royal dignity.
regalia (ri-gay-Iee-<l). 1. Hist. Rights and privileges held
by the Crown under feudal law . Regalia is a shortened
form ofjura regalia.
regalia majora (m<l-jor-<l). [Latin "greater rights"] The
Crown's greater rights; the Crown's dignity, power,
and royal prerogatives, as distinguished from the
Crown's rights to revenues.
regalia minora (mi-nor-<l). [Latin "lesser rights") The
Crown's lesser rights; the Crown's lesser prerogatives
(such as the rights ofrevenue), as distinguished from
its royal prerogatives.
2. Hist. Feudal rights usu. associated with royalty, but
held by the nobility.
"Counties palatine are so called a palatio; because the
owners thereof, the earl of Chester, the bishop of Durham,
and the duke of Lancaster, had in those counties jura
regalia, as fully as the king hath in his palace ...." 1
William Blackstone, Commentaries on the Laws ofEng/and
113 (1765).
3. Emblems of royal authority, such as a crown or
scepter, given to the monarch at coronation. 4. Loosely,
finery or special dress, esp. caps and gowns worn at
academic ceremonies.
regard, n. (l4c) 1. Attention, care, or consideration
<without regard for the consequences>. 2. Hist. In
England, an official inspection ofa forest to determine
whether any trespasses have been committed. 3. Hist.
The office or position of a person appointed to make
such an inspection.
regardant (ri-gahr-d,mt), adj. His/. Attached or annexed
to a particular manor <a villein regardant>. See
VILLEIN.
regarder. An official who inspects a forest to determine
whether any trespasses have been committed. -Also
termed regarder ofthe forest.
reg. brev. abbr. REGISTRUM BREVIUM.
rege inconsulto (ree-jee in-k<ln-s;.ll-toh). [Latin] Hist. A
writ issued by a sovereign directing one or more judges
not to proceed, until advised to do so, in a case that
might prejudice the Crown.
regency. 1. The office or jurisdiction ofa regent or body
of regents. 2. A government or authority by regents. 3.
The period during which a regent or body of regents
governs.
regent. 1. A person who exercises the ruling power in a
kingdom during the minority, absence, or other dis
ability of the sovereign. 2. A governor or ruler. 3. A
member of the governing board of an academic insti
tution, esp. a state university. 4. Eccles. law. A master
or professor ofa college.
Reg. FD. See REGULATION PAIR DISCLOSURE.
reg. gen. abbr. REGULA GENERALIS. register
Regiam Majestatem (ree-jee-<lm maj-a-stay-t;}m). [Latin
"the (books of the) Royal Majesty"] Scots law. An
ancient collection of Scottish laws, so called from its
opening words . The four-book collection is generally
believed to be genuine, although its origins are Widely
disputed. It was partly copied from Glanville's treatise
De Legibus et Consuetudinibus A.ngliae, as appears from
the works' similarities and the fact that the Glanville
treatise opens with the words Regiam potestatem. It was
at one time believed to have been compiled by David I,
but this supposition is unfounded. Still others believed
that Edward I was responsible for the compilation as
part of his efforts to take over Scotland and assimi
late the laws ofthat country and England, but modern
scholars reject this view. It was probably compiled by
an unknown cleric shortly before 1320.
regicide (rej-<l-sId). 1. The killing or murder of a king.
2. One who kills or murders a king, esp. to whom one
is subject. regiddal, adj.
regime (r;}-zheem or ray-zheern). (18c) 1. A system of
rules, regulations, or government <the community
property regime>. 2. A particular administration or
government, esp. an authoritarian one. -Also spelled
regime.
international regime. A set of norms of behavior and
rules and policies that cover international issues and
that facilitate substantive or procedural arrangements
among countries.
legal regime. A set of rules, policies, and norms of
behavior that cover any legal issue and that facilitate
substantive or procedural arrangements for deciding
that issue.
regime dotal (ray~zheem doh-tahl). Hist. Civil law.
The right and power of a husband to administer his
wife's dotal property, the property being returned to
the wife when the marriage is dissolved by death or
divorce. See dotal property under PROPERTY.
regime en communaute (ray-zheem on koh~moo-noh
tay or kom-yoo-). Hist. Civil law. The community of
property between husband and wife arising auto
matically upon their marriage, unless excluded by
marriage contract.
regina (d-jI-n<l). (usu. cap.) 1. A queen. 2. The official
title of a queen. 3. In a monarchy ruled by a queen, the


1. A queen. 2. The official
title of a queen. 3. In a monarchy ruled by a queen, the
prosecution side in criminal proceedings. Abbr. R.
Cf. REX.
regia assensu (ree-jee-oh ;}-sen-s[y]oo). [Latin] Eccles.
law. A writ by which a sovereign assents to the election
ofa bishop.
regional fund. See MUTUAL FUND.
regional securities exchange. See SECURITIES EX
CHANGE.
regional stock exchange. See regional securities exchange
under SECURITIES EXCHANGE.
register, n. (I6c) 1. A governmental officer who keeps
official records <each county employs a register of

1396 register
deeds and wills>. Cf. REGISTRAR. [Cases: Registers of
Deeds (;:::::>1.]
probate register. (1887) One who serves as the clerk of
a probate court and, in some jurisdictions, as a quasi
judicial officer in probating estates.
register ofdeeds. (I8c) A public official who records
deeds, mortgages, and other instruments affect
ing real property. -Also termed registrar ofdeeds;
recorder ofdeeds. [Cases: Registers of Deeds (;:::::> 1.]
register ofland office. Hist. A federal officer appointed
for each federal land district to take charge ofthe local
records and to administer the sale, preemption, or
other disposition of public lands within the district.
[Cases: Public Lands (;:::::>95.]
register of wills. (I8c) A public official who records
probated wills, issues letters testamentary and letters
ofadministration, and serves generally as clerk ofthe
probate court. _ The register ofwills exists only in
some states. [Cases: Executors and Administrators
2. See probate judge under JUDGE. 3. A book in which
all docket entries are kept for the various cases pending
in a court. Also termed (in sense 3) register ofactions.
4. Eccles. law. A record book ofsignificant events occur
ring in a parish, including marriages, births, chris
tenings, and burials. -Registers became required in
England around 1530. -Abbr. Reg.
register, vb. (l4c) 1. To enter in a public registry <register
a new car>. [Cases: Records (;:::::>9.] 2. To enroll formally
<five voters registered yesterday>. [Cases: Elections (;:::::>
95-119.J 3. To make a record of <counsel registered
three objections>. 4. (Of a lawyer, party, or witness)
to check in with the clerk of court before a judicial
proceeding <please register at the clerk's office before
entering the courtroom>. 5. To file (a new security
issue) with the Securities and Exchange Commission or
a similar state agency <the company hopes to register
its securities before the end ofthe year>. [Cases: Securi
ties Regulation (;:::::> 11.10-11.50.]
registered agent. See AGENT (2).
registered bond. 1. See BOND (2). 2. See BOND (3).
registered broker. See BROKER.
registered check. See CHECK.
registered corporation. See CORPORATION.
registered dealer. See DEALER.
registered mail. See MAIL.
registered mark. See registered trademark under TRADE
MARK.
registered offering. See OFFERING.
registered organization. An organization created under
state or federal law, for which the state or federal gov
ernment must maintain a public record showing
that the organization has been duly organized. UCC
 9-1D2(a)(47). registered patent agent. See patent agent under AGENT
(2).
registered public offering. See registered offering under
OFFERING.
registered representative. See REPRESENTA TIVB.
registered security. See SECURITY.
registered stock. See registered security under
SECURITY.
registered tonnage. See REGISTER TONNAGE.
registered trademark. See TRADEMARK.
registered voter. See VOTER.
register in bankruptcy. See referee in bankruptcy under
REFEREE.
register ofactions. See REGISTER (3).
Register of Copyrights. The federal official who is in
charge of the U.S. Copyright Office, which issues
regulations and processes applications for copyright
registration. -Also termed (erroneously) Registrar
of Copyrights. [Cases: Copyrights and Intellectual
Property (;:::::>50.30.]
register of deeds. See REGISTER (1).
register ofland office. See REGISTER (1).
register of ships. Maritime law. A record kept by a
customs collector containing the names and owners
of commercial vessels and other key information
about the vessels. _ When a ship logs in with customs,
it receives a certificate of registry. Cf. REGISTRY (2).
[Cases: Shipping
Register ofthe Treasury. An officer ofthe U.S. Treasury
whose duty is to keep accounts of receipts and expen
ditures of public money, to record public debts, to
preserve adjusted accounts with vouchers and certifi
cates, to record warrants drawn on the Treasury, to sign
and issue government securities, and to supervise the
registry ofvessels under federallaw. 31 USCA  161.
register ofwills. See REGISTER (1).
register'S court. See COURT.
register tonnage. The volume of a vessel available for
commercial use, officially measured and entered in a
record for purposes of taxation. -Also termed regis
tered tonnage.
registrant. (1890) One who registers; esp., one who reg
isters something for the purpose ofsecuring a right or
privilege granted by law upon official registration.
registrar. (l7c) A person who keeps official records; esp.,
a school official who maintains academic and enroll
ment records. Cf. REGISTER (1).
registrarii liber (rej-d-strair-ee-I h-b..r). [LatinJ Hist. The
register's book in chancery, containing all decrees. -
Abbr. reg. lib.
registrarius (rej-;:J-strair-ee-;:Js). [Latin] Hist. A registrar
or register; a notary.
Registrar of Copyrights. See REGISTER OF COPY
RIGHTS.

1397
registrar of deeds. See register ofdeeds under REGISTER
(1).
registration, n. 1. The act of recording or enrolling <the
county clerk handles registration of voters>. [Cases:
Elections C=>95-119.]
criminal registration. The requirement in some com
munities that any felon who spends any time in
the community must register his or her name with
the police. Since the late 19805, many states have
adopted strict registration laws for convicted sex
offenders. See MEGAN'S LAW. [Cases: Criminal Law
C=> 1222.1; Mental Health C=>469.]
special registration. Voter registration for a particular
election only.
2. Securities. The complete process ofpreparing to sell
a newly issued security to the public <the security is
currently in registration>. [Cases: Securities Regulation
11.10-11.50.] register, vb.
shelfregistration. Registration with the SEC ofsecuri
ties to be sold over time, the purpose being to avoid
the delays and market uncertainties of individual
registration.
"It is generally contemplated that the entire allotment of
securities covered by a registered offering will be made
available for purchase on the effective date. This is not
always the case, however. For example, insiders, promot
ers or underwriters might receive securities directly from
the issuer with an intent to resell at a later date.... [IJ
t may be desirable to get a debt offering all ready to go
but wait for a propitious moment to release it. These and
other delayed offerings have led to what is known as shelf
registration. In a shelf registration the registration state
ment is filed but the securities are put on the shelf until the
manner and date of the offering are determined." Thomas
Lee Hazen, The Law of Securities Regulation  3.8, at 119
(2d ed. 1994).
registration and community-notification law. See
MEGAN'S LAW.
registration-based quorum. See QUORUM.
registration rights. Securities. A securities owner's enti
tlement to have the securities registered for public sale
or to participate in a public sale or resale of securities
by the issuer or by another securities owner.
demand registration rights. A securities holder's right
to force the issuing company to register all or part of
the securities so that the holder can resell them.
piggyback registration rights. A securities holder's
option to require the issuing company to include all
or part of the holder's securities in a registration of
other securities ofthe same class when a third party,
such as a lender, requests the registration.
registration statement. A document containing detailed
information required by the SEC for the public sale
of corporate securities . The statement includes the
prospectus to be supplied to prospective buyers. See
PROSPECTUS. [Cases: Securities Regulation C:::;25.10
25.35.J
registration system. Patents. A patent system in which
an invention is given patent protection when it is regula
registered, without being subjected to official exami
nation. The United States operated under a registra
tion system from 1790 until 1793. Cf. EXAMINATION
SYSTEM.
registrum brevium (ri-jis-trdm bree-vee-dm). [Latin)
Hist. The register of writs. Abbr. reg. brev.
registrum judicale (ri-jis-trdm joo-di-kay-Iee). [Latin]
Hist. The register of judicial writs. Abbe. reg. judo
registrum originale (ri-jis-tr<lm d-rij-<l-nay-lee). [Latin]
Hist. The register oforiginal writs. -Abbr. reg. orig.
registry. 1. See probate judge under jeDGE. 2. REGISTER
(2). 3. Maritime law. The list or record ofships subject to
a particular country's maritime regulations . A ship is
listed under the nationality of the flag it flies. See CER
TIFICATE OF REGISTRY. Cf. REGISTER OF SHIPS; enroll
ment ofvessels under ENROLLMENT. [Cases: Shipping
C=>5.]
reg.jud. abbr. REGISTRUM JUDICALE.
reg. lib. abbr. REGISTRARII LIBER.
regnal (reg-n<ll), adj. Ofor relating to a monarch's reign
<the regnal years of Henry II are 1154-1159>.
regnal year. A year of a monarch's reign, marked from
the date or anniversary of the monarch's accession .
Before 1962, British statutes were cited by the regnal
years in which they were enacted. Since 1962, British
statutes have been cited by calendar year rather than
regnal year. (A table of British regnal years is listed in
Appendix F ofthis book.)
regnant (reg-ndnt), adj. Exercising rule, authority, or
influence; reigning <a queen regnant>.
reg. orig. abbr. REGISTRUM ORIGINALE.
reg. pl. abbr. REGULA PLACITANDI.
regrant, n. The act or an instance of granting some
thing again; the renewal of a grant (as ofproperty).
regrant, vb.
regrating, n. Hist. 1. The purchase ofmarket commodi
ties (esp. necessary provisions) for the purpose of
reselling them in or near the same market at a higher
price. 2. The resale of commodities so purchased. In
England, regrating was a criminal offense. regrater,
n.-regrate, vb.
"Regrating is described by [5 & 6 Edw. 6, ch. 14] to be the
buying of corn, or other dead Victual, in any market, and
selling them again in the same market, or within four miles
of the place. For this also enhances the price of the provi
sions, as every successive seller must have a successive
profit." 4 William Blackstone, Commentaries on the Laws
of England 158 (1769).
regress, n. (14c) 1. The act or an instance of going or
coming back; return or reentry <free entry, egress, and
regress>. 2. The right or liberty of going back; reentry.
Cf. EGRESS; INGRESS. 3. Hist. The right to repayment or
compensation; recourse. -regress (ri-gres), vb.
regressive tax. See TAX.
regula (reg-Yd-Id). [Latin] A rule.

1398 regula Catoniana
regula generalis (reg-ya-l;~ jen-a-ray-lis). [Latin] A
general rule, esp. of a court. -Abbr. reg. gen.; r.g. PI.
regulae generales.
regula placitandi (reg-ya-la plas-a-tan-dI). [Latin]
Hist. A rule of pleading. -Abbr. reg. pl.
regula regulans (reg-ya-la reg-y;l-lanz). [Law Latin]
Hist. The governing rule.
regula Catoniana (reg-ya-la kay-toh-nee-ay-na or
ka-toh-). [Latin "rule attributed to Cato"] Roman law.
The principle that the lapse oftime does not cure some
thing void at the outset.  This principle, named for
the Roman legal scholar Cato, was ordinarily used to
set aside a bequest when the testator did not have the
capacity to make the bequest.- Also termed Catoni
ana regula.
regular army. See ARMY.
regular course ofbusiness. See COURSE OF BUSINESS.
regular election. See general election (1) under ELECTION
(3).
regular income. See INCOME.
regular life policy. See life policy under INSUR


under ELECTION
(3).
regular income. See INCOME.
regular life policy. See life policy under INSURANCE
POLlCY.
regular meeting. See MEETING.
regular process. See PROCESS.
regular session. See SESSION (1).
regular term. See TERM (5).
regular use. See USE (1).
regulation, n. (l7c) l. The act or process ofcontrolling by
rule or restriction <the federal regulation ofthe airline
industry>.
self-regulation. The process by which an identifiable
group of people, such as licensed lawyers, govern or
direct their own activities by rules; specif., an orga
nization's or industry's control, oversight, or direc
tion of itself according to rules and standards that it
establishes. Self-regulation is often subject to the
oversight of various governmental agencies, such as
the Securities Exchange Commission and the Com
modities Futures Trading Commission.
2. BYLAW (1) <the CEO referred to the corporate regula
tion>. 3. A rule or order, having legal force, usu. issued
by an administrative agency <Treasury regulations
explain and interpret the Internal Revenue Code>.
Abbr. (usu. cap.) reg. Also termed (in sense 3) agency
regulation; subordinate legislation; delegated legislation.
See MERIT REGULATION. [Cases: Administrative Law
and Procedure regulatory, regulable,
adj. -regulate, vb.
proposed regulation. A draft administrative regula
tion that is circulated among interested parties for
comment. Abbr. prop. reg. [Cases: Administrative
Law and Procedure (;::-:>392.]
Regulation A. An SEC regulation that exempts stock
offerings of up to $5 million from certain registration requirements. [Cases: Securities Regulation
IS.1S.J
Regulation D. An SEC regulation that exempts certain
stock offerings (such as those offered by private sale)
from registration under the Securities Act of 1933.
[Cases: Securities Regulation 18.11.]
Regulation Fair Disclosure. An October 2000 SEC rule
requiring companies to disclose material information
to all investors at the same time. The regulation is
intended to prevent some investors from receiving
advance information about earnings, mergers and
acquisitions, product discoveries, changes in auditors,
and any other information that a reasonable investor
would consider in making an investment decision.
Often shortened to Regulation FD; Reg. FD.
Regulation PD. See REGULATION FAIR DISCLOSURE.
Regulation J. A Federal Reserve Board regulation that
governs the collection of checks by and the transfer
of funds through member banks. [Cases: Banks and
Banking C=IS8.5, 356.]
Regulation Q. A Federal Reserve Board regulation that
sets interest-rate ceilings and regulates advertising of
interest on savings accounts . The Banking Act of
1933 is the basis ofthis regulation, which applies to all
commercial banks. [Cases: Banks and Banking
132,359.]
Regulation T. A Federal Reserve Board regulation that
limits the amount ofcredit that a securities broker or
dealer may extend to a customer, and that sets initial
margin requirements and payment rules for securities
transactions . The credit limit and margin rules usu.
require the customer to provide between 40 and 60% of
the purchase price. [Cases: Securities Regulation
45.11.]
Regulation U. A Federal Reserve Board regulation that
limits the amount of credit that a bank may extend to
a customer who buys or carries securities on margin.
Securities Regulation C=45.26.]
Regulation X. A HUD regulation that implements the
provisions of the Real Estate Settlement Procedures
Act. See REAL ESTATE SETTLEMENT PROCEDURES ACT.
[Cases: Consumer Credit C:::>50.]
Regulation Z. A Federal Reserve Board regulation that
implements the provisions of the federal Consumer
Credit Protection Act for member banks. See CONSUMER
CREDIT PROTECTION ACT. [Cases: Consumer Credit
32,50,51.]
regulatory agency. See AGENCY (3).
regulatory offense. See OFFENSE (1).
regulatory-out clause. See FERC-OUT CLAUSE.
regulatory search. See administrative search under
SEARCH.
rehabere facias seisinam. See HABERE FACIAS SEISINAM.
rehabilitation, n. (1940) 1. Criminal law. The process of
seeking to improve a criminal's character and outlook
so that he or she can function in society without

1399
committing other crimes <rehabilitation is a tradi
tional theory of criminal punishment, along with
deterrence and retribution>. Cf. DETERRE~CE; RETRI
BUTION (1). [Cases: Sentencing and Punishment
45.] 2. Evidence. The restoration ofa witness's credibil
ity after the witness has been impeached <the inconsis
tencies were explained away during the prosecution's
rehabilitation of the witness>. [Cases: Witnesses
410-416.] 3. Bankruptcy. The process of reorganizing
a debtor's financial affairs -under Chapter 11, 12, or
13 of the Bankruptcy Code -so that the debtor may
continue to exist as a financial entity, with creditors sat
isfying their claims from the debtor's future earnings
<the corporation's rehabilitation was successful>.
Also termed debtor rehabilitation. Cf. LIQUIDATION (4).
[Cases: Bankruptcy(:=::: 3501,3671, 3701.] rehabilita
tive, ad). -rehabilitate, vb.
rehabilitative alimony. See ALIMOKY.
rehearing. (I7c) A court's second or subsequent hearing
ofa case, a motion, or an appeal, usu. to consider an
alleged error or omission in the court's judgment or
opinion <the appellant, dissatisfied with the appellate
court's ruling, filed a motion for rehearing>. -Abbr.
reh'g. Cf. REARGUMENT. [Cases: Administrative Law
and Procedure (:=::::480; Appeal and Error (:=:::829;
Criminal Law (;::::: 1133; Federal Civil Procedure (:=:::
928; Federal Courts (;:~744; Motions (:=:::39.J
reh'g. abbr, REHEARING.
rei (ree-I), pl. REUS,
reif (reef). Scots law. Robbery,
reification (ree-a-fi-kay-sh.m), n. (1846) 1. Mental con
version of an abstract concept into a material thing.
2. Civil procedure. Identification ofthe disputed thing
in a nonpersonal action and attribution of an in-state
situs to it for jurisdictional purposes. 3. Commercial
law. Embodiment of a right to payment in a writing
(such as a negotiable instrument) so that a transfer of
the writing also transfers the right. reify (ree-i"l-fr
or ray-), vb.
rei interitus (ree-I in-ter-a-tas). [Latin] Hist.The destruc
tion of a thing.
rei interventus (ree-l in-ti"lr-ven-ti"ls), n. [Latin "things
intervening"] Actions or efforts by one party to a
contract with the consent ofthe other party, so that
the one party has made a partial performance and the
other cannot repudiate without being in breach.
reimbursement, n. 1. Repayment. 2. Indemnification.
reimburse, vb,
reimbursement alimony. See ALIMONY.
re infecta (ree in-fek-ti"l). [Latin] Hist. The thing not
having been done; the performance having failed.
reinscription, n, Civil law. A second or renewed recor
dation of a mortgage or other title document. [Cases:
Mortgages <:-~'96.] -reinscribe, vb.
reinstate, vb. To place again in a former state or position;
to restore <the judge reinstated the judgment that had
been vacated>. reinstatement, n. reinsured
reinsurance. Insurance ofall or part ofone insurer's risk
by a second insurer, who accepts the risk in exchange
for a percentage of the original premium, -Also
termed reassurance. [Cases: Insurance (::::::>3593.]
'The term 'reinsurance' has been used by courts, attor
neys, and textwriters with so little discrimination that
much confusion has arisen as to what that term actually
connotes. Thus, it has so often been used in connection
with transferred risks, assumed risks, consolidations and
mergers, excess insurance, and in other connections that
it now lacks a cleancut field of operation. Reinsurance, to
an insurance lawyer, means one thing only the ceding
by one insurance company to another of all or a portion of
its risks for a stipulated portion of the premium, in which
the liability of the reinsurer is solely to the reinsured, which
is the ceding company, and in which contract the ceding
company retains all contact with the original insured, and
handles all matters prior to and subsequent to loss," 13A
John Alan Appleman &Jean Appleman, Insurance Law and
Practice  7681, at 479-80 (1976).
"The laying off of risk by means of reinsurance traditionally
serves three basic purposes, First, reinsurance can increase
the capacity of the insurer to accept risk. The insurer may
be enabled to take on larger individual risks, or a large
number of smaller risks, or a combination of both....
Secondly, reinsurance can promote financial stability by
ameliorating the adverse consequences of an unexpected
accumulation of losses or of single catastrophic losses,
because these will, at least in part, be absorbed by rein
surers. Thirdly, reinsurance can strengthen the solvency
of an insurer from the point of view of any regulations
under which the insurer must operate which provide for a
minimum 'solvency margin,' generally expressed as a ratio
of net premium income over capital and free reserves."
P.T. O'Neill & J.w. Woloniecki, The Law of Reinsurance in
England and Bermuda 4 (1998),
excess reinsurance. Reinsurance in which a reinsurer
assumes liability only for an amount ofinsurance that
exceeds a specified sum. See excess insurance under
INSURANCE.
facultative reinsurance. Reinsurance of an individ
ual risk at the option (the "faculty") ofthe reinsurer.
[Cases: Insurance (:=:::')3593.J
flat reinsurance. Reinsurance (esp. of marine insur
ance) that cannot be canceled or modified.
treaty reinsurance. Reinsurance under a broad agree
ment of all risks in a given class as soon as they are
insured by the direct insurer. [Cases: Insurance (';=)
3593.J
reinsurance treaty. A contract ofreinsurance (usu.long
term) covering different classes or lines of business of
the reinsured (such as professional liability, property,
etc.) and obligating the reinsurer in advance to accept
the cession ofcovered risks . Rather than receive indi
vidual notice of each specific claim covered, the treaty
reinsurer will generally receive periodic reports provid
ing basic information on the losses paid. -Also termed
treaty ofreinsurance, See BORDEREAU. Cf. FACULTATIVE
CERTIFICATE. [Cases: Insurance (;=:>3593.J
reinsured, n. An insurer that transfers all or part ofa risk
it underwrites to a reinsurer, usu. along with a percent
age of the original premium. -Also termed cedent;
cedant. [Cases: Insurance (;::=::7' 3593.]

1400 reinsurer
reinsurer. An insurer that assumes all or part of a risk
underwritten by another insurer, usu. in exchange for
a percentage of the original premium. [Cases: Insur
ance (;::>3593.]
reinvested dividend. See DIVIDEND.
reinvestment. L The addition of interest earned on a
monetary investment to the principal sum. 2. A second,
additional, or repeated investment; esp., the application
ofdividends or other distributions toward the purchase
ofadditional shares (as ofa stock or a mutual fund).
reissuable error. Patents. A type of nondeceptive mistake
in a patent that may be corrected in a reissue patent. 35
USC A  252. [Cases: Patents
reissuable note. See NOTE (1).
reissne. 1. An abstractor's certificate attesting to the
correctness ofan abstract. - A reissue is an important
precaution when the abstract comprises an original
abstract brought down to a certain date and then several
later continuations or extensions. [Cases: Abstracts of
Title 2. See reissue patent under PATENT (3).
reissue patent. See PATENT (3).
rei suae providus (ree-I s[y]oo-ee prJ-vI-dJs). [Latin]
Hist. Careful ofone's property.
"Interdiction, whether voluntary or judicial, can only be
recalled or removed by an interlocutor of Court, and it
affords a good ground on which to apply for the removal
of the restraint imposed by interdiction that the interdicted
has become rei suae providus." John Trayner, Trayner's
Latin Maxims 546-47 (4th ed. 1894).
REIT (reet). abbr. REAL-ESTATE INVESTMENT TRUST.
reject, assume or. See ASSUME OR REJECT.
rejecting, n. A parent's or caregiver's pattern ofrefusing
to acknowledge a child's worth or legitimate needs. Cf.
ISOLATING; IG:.!ORI:.!G.
rejection. (16c) L A refusal to accept a contractual
offer. [Cases: Contracts ~21.12. A refusal to accept
tendered goods as contractual performance. _ Under
the UCC, a buyer


.12. A refusal to accept
tendered goods as contractual performance. _ Under
the UCC, a buyer's rejection of nonconforming goods
mU$t be made within a reasonable time after tender or
delivery, and notice of the rejection must be given to
the seller. [Cases: Sales C=>168(4),179(6).] Cf. REPUDIA
TION (2); RESCISSION; REVOCATION (1). 3. Parliamen
tary law. Failure of adoption or ratification. See LOST
(3).4. Patents. A patent examiner's finding in an office
action that a claim in an application is unpatentable.
Cf. OBJECTION (4); RESTRICTION (4). [Cases: Patents C:::;, ,
108.) reject, vb.
aggregation rejection. Rejection ofa patent claim on
the ground that it is a list of unrelated elements that,
taken together, do not assert a claim. [Cases: Patents
alternativeness rejection. Rejection of a patent claim
on the ground that it seeks a broad monopoly on the
invention as disclosed and on other unspecified varia
tions. -For example, a claim using a phrase such as
"and similar materials" would probably be too broad
to be allowed. [Cases: Patents C=>124.] duplicate-claiming rejection. The nonart rejection of
a patent claim because it is not substantially different
from another claim.
exhausted-combination rejection. See old-combina
tion rejection.
failure-to-disclose-best-mode rejection. Rejection ofa
patent application on the ground that the inventor has
not disclosed the best way to use the invention. -To
warrant rejection, the examiner must find deliberate
concealment or a description so poorly drafted as to
amount to concealment. [Cases: Patents
final rejection. A patent examiner's finding, in a second
or subsequent office action, that a claim in an applica
tion is unpatentable on the merits. - A final rejection
is made in the final office action. Despite the mislead
ing name, a final rejection need not end the prosecu
tion. The rejection can be appealed, or the application
can be reexamined or continued in another applica
tion. A rejection may also be appealed to the Board of
Patent Appeals and Interferences. A decision of that
Board may be reviewed by the U.S. District Court
for the District of Columbia or appealed to the U.S.
Court of Appeals for the Federal Circuit. 35 USCA
 141-45. [Cases: Patents C=> 108.)
formal rejection. Rejection of a patent claim because
of an error in format rather than substance. _ A
formal rejection is actually an objection rather than
a rejection, since it requires no substantive change in
the claim. Also termed nonart rejection. [Cases:
Patents 104.]
functional rejection. Rejection ofa patent claim on the
grounds that it broadly claims a function but does not
disclose enough structure to account for achieving
that function. Cf. FUNCTIONAL LIMITATION. [Cases:
Patents 101(8).]
inaccuracy rejection. Rejection ofa patent claim on the
ground that it is not consistent with the description.
incompleteness rejection. Rejection ofa patent applica
tion on the ground that an element ofthe device or a
step in the process has been left out.
interference-estoppel rejection. Rejection of a patent
claim on the ground that the applicant failed to bring
the claim into a previous interference contest where
its priority could have been determined. [Cases:
Patents ~112.4.]
judicially-created-double-patenting rejection. Rejec
tion of a patent application on the ground that the
invention is an obvious variation ofanother patented
invention by the same inventor. -Also termed
obViousness-type double-patenting rejection. [Cases:
Patents (;:::' 120.J
lack-of-antecedent-basis rejection. Rejection of a
patent application on the ground that a reference
either in the specification or in the claim is missing.
lack-of-enablement rejection. See nonenablement
rejection.

1401
lack-of-utility rejection. Rejection ofa patent claim on
the ground that the invention is inoperative, frivolous,
fraudulent, or against the public interest.  The classic
examples are perpetual-motion machines (inopera
tive), cures for the common cold (frivolous because
believed impossible, and also probably fraudulent),
and gambling devices (formerly seen as against the
public interest). [Cases: Patents (;::::46.)
new-matter rejection. Rejection of a patent claim on
the ground that an amendment contains new matter.
[Cases: Patents (;:::: 109.]
nonart rejection. Seeformal rejection.
nonenablement rejection. Rejection ofa patent appli
cation claim on the ground that its specification does
not teach enough to enable a person skilled in the art
to make and use the invention. -Also termed lack
of-enablement rejection. [Cases: Patents (;::::99.J
obviousness-type double-patenting rejection. See judi
cially created double-patenting rejection.
old-combination rejection. Rejection ofa patent claim
on the ground that, despite the fact that one or more
elements perform in a different way, all the elements
perform the same function as a previously patented
invention. The improved element may be patent
able, but the combination may not be. Also termed
exhausted-combination rejection. [Cases: Patents
26(1.1).]
prolixity rejection. Rejection ofa patent application on
the ground that the language is so wordy and tedious
that it tends more to hide than to disclose the inven
tion.
rejection on issues ofinterference. Rejection of a patent
claim on the ground that the applicant has lost a final
judgment of priority regarding the claim in an inter
ference contest. [Cases: Patents <~=J112.4.]
same-invention double patenting rejection. See statu
tory double patenting rejection.
Section 101 rejection. Rejection of a patent application
on the ground that it is based on nonstatutory subject
matter. 35 USCA  101.
Section 102 rejection. Rejection of a patent application
for lack of novelty. 35 USCA  102. [Cases: Patents
Section 103 rejection. Rejection of a patent applica
tion for obviousness. 35 USCA  103. [Cases: Patents
16.1.]
Section 112 rejection. See vague-and-indefinite rejec
tion.
shotgun rejection. Slang. Denial of all or almost all
claims in a patent application by the U.S. Patent and
Trademark Office, esp. in the first office action.
statutory double patenting rejection. Rejection of a
patent application on the ground that the invention is
the same subject matter as an already-patented inven
tion by the same inventor . This rejection is based on relationship
35 USCA  101. -Also termed same-invention double
patenting rejection. [Cases: Patents (;:::: 120.]
undue-breadth rejection. Rejection of a patent claim
on the ground that it seeks a patent monopoly on
more than the invention . For instance, a functional
claim is too broad ifit purports to include every other
possible way ofaccomplishing that function. A claim
on a chemical is more likely to be rejected for undue
breadth than a claim on a machine, because future
discoveries are less predictable. [Cases: Patents
124.J
undue-multiplicity-of-claims rejection. Rejection of
a patent application on the ground that it makes an
unreasonable number of claims. See AGGREGATION
OF CLAIMS. [Cases: Patents ~124.)
vague-and-indefinite rejection. Rejection of a patent
claim on the ground that a person of ordinary skill in
the art could not clearly understand it.  For example,
terms used in more than one sense could make the
meaning unclear. Also termed Section 112 rejec
tion. [Cases: Patents (;:::: 101(6).]
rejoinder, n. (15c) Common-law pleading. The defen
dant's answer to the plaintiff's reply (or replication).
[Cases: Pleading (';.~ 183.) rejoin, vb.
related good. Trademarks. A good that infringes a trade
mark because it appears to come from the same source
as the marked good, despite not competing with the
marked good. For example, a cutting tool named
"McKnife" might infringe the "McDonald's" trademark
as a related good.
related proceeding. Bankruptcy. A proceeding that
involves a claim that will affect the administration
of the debtor's estate (such as a tort action between
the debtor and a third party), but that does not arise
under bankruptcy law and could be adjudicated in a
state court . A related proceeding must be adjudicated
in federal district court unless the parties consent to
bankruptcy-court jurisdiction or unless the district
court refers the matter to the bankruptcy court or to
state court. -Also termed noncore proceeding. Cf.
CORE PROCEEDING (1). [Cases: Bankruptcy (;:::: 2043
2063.]
related right. See NEIGHBORING RIGHT.
relation. See RELATIVE.
relation back, n. (ISc) 1. The doctrine that an act done at
a later time is, under certain circumstances, treated as
though it occurred at an earlier time . In federal civil
procedure, an amended pleading may relate back, for
purposes ofthe statute oflimitations, to the time when
the original pleading was filed. Fed. R. Civ. P. 15(c).
lCases: Limitation of Actions 127.] 2. A judicial
application ofthat doctrine. -Also termed doctrine of
relation back. Cf. NUNC PRO TUNC. relate back, vb.
relationship. The nature ofthe association between two
or more people; esp., a legally recognized association
that makes a difference in the participants' legal rights
and duties ofcare.

1402 relationship rape
attorney-client relationship. 1he formal legal repre
sentation of a person by a lawyer. -An attorney-client
relationship may be found, for disciplinary purposes,
without any formal agreement. [Cases: Attorney and
Client C:::c64.]
confidential relationship. 1. See fidUciary relation
ship. 2. Trade secrets. A relationship in which one
person has a duty to the other not to disclose pro
prietary information. - A confidential relationship
can be expressly established, as by the terms of an
employment contract. It can also be implied when
one person knows or should know that the informa
tion is confidential, and the other person reasonably
believes that the first person has consented to keep the
information confidential. A confidential relationship
might be implied, for instance, between two people
negotiating the sale of a business. [Cases: Antitrust
and Trade Regulation Labor and Employ
ment C:::c304.]
doctor-patient relationship. The association between
a medical provider and one who is being diagnosed
or treated. _ The relationship imposes a duty on the
doctor to ensure that the patient gives informed
consent for treatment. Health (':::=>576, 615.]
employer-employee relationship. The association
between a person employed to perform services in
the affairs of another, who in turn has the right to
control the person's physical conduct in the course of
that service. -At common law, the relationship was
termed "master-servant." That term is still used often,
but "employer-employee" dominates in modern legal
usage. [Cases: Labor and Employment C:::c 23.]
fiducial relationship. See trust relationship.
fiduciary relationship. (l846) A relationship in which
one person is under a duty to act for the benefit of
another on matters within the scope of the relation
ship. _ Fiduciary relationships such as trustee
beneficiary, guardian-ward, principal-agent, and
attorney-client -require an unusually high degree
of care. Fiduciary relationships usu. arise in one of
four situations: (1) when one person places trust
in the faithful integrity of another, who as a result
gains superiority or influence over the first, (2) when
one person assumes control and responsibility over
another, (3) when one person has a duty to act for
or give advice to another on matters falling within
the scope of the relationship, or (4) when there is a
specific relationship that has traditionally been rec
ognized as involving fiduciary duties, as with a lawyer
and a client or a stockbroker and a customer. -Also
termed fidUciary relation; confidential relationship.
Cf. special relationship. [Cases: Fraud <8:::>7.]
master-servant relationship. The association between
one in authority and a subordinate, esp. between an
employer and an employee . At common law, this
term also designated the husband-wife relationship
for purposes of analyzing loss of consortium, but
that usage is now obsolete. Also termed employer-employee relationship. See MASTER AND SERVANT.
[Cases: Labor and Employment
parent-child relationship. The association between an
adult and a minor in the adult's care, esp. an offspring
or an adoptee. _ Ihe relationship imposes a high duty
of care on the adult, including the duties to support,
to rescue, to supervise and control, and to educate.
lCases: Parent and Child
professional relationship. An association that involves
one person's reliance on the other person's specialized
training. _ Examples include one's relationship with a
lawyer, doctor, insurer, banker, and the like.
special relationship. A nonfiduciary relationship
having an element of trust, arising esp. when one
person trusts another to exercise a reasonable degree
of care and the other knows or ought to know about
the reliance. Cf. fidUciary relationship. [Cases: Negli
gence 220.]
trust relationship. An association based on one person's
reliance on the other person's specialized training.
Also termed fiducial relationship. [Cases: Fraud~"")
7.]
relationship rape. See RAPE.
relative, n. (14c) A person connected