now worth.
quiet, vb. 1. To pacify or silence (a person, etc.). 2. To
make (a right, pOSition, title, etc.) secure or unassailable
by removing disturbing causes or disputes.
quieta non movere (kwI-ee-td non moh-veer-ee). [Latin]
Not to unsettle things that are established. See STARE
DECISIS.
quietare (kWI-<J-tair-ee), vb. [Law Latin] Hist. To acquit,
discharge, or hold harmless. -This term was used in
conveyances.
quiet diplomacy. See secret diplomacy under DIPLO
MACY.
quiete cIamantia (kwI-ee-tee kl<l-man-shee-<J), n. [Law
Latin] Hist. Quitclaim.
quiete cIamare (kwI-ee-tee kl<l-mair-ee), vb. [Law Latin]
Hist, To quitclaim or renounce all pretensions of right
and title.
quiet enjoyment. See ENJOYMENT.
quiet-title action. See action to quiet title under ACTION.

quietus 1368
quietus (kwI-ee-t;ls), adj. [Law Latin] Quit; acquitted;
discharged, esp. from a debt or obligation, or from
serving as an executor.  In England, this term was
formerly used by the Clerk of the Pipe, in a discharge
given to an accountant, usu. concluding with abinde
recess it quietus ("hath gone quit thereof"), called
quietus est. 2. Hist. The removal of a judge from the
bench.
quietus redditus (kwI-ee-t;ls red-;l-t;ls). [Law Latin] See
QUIT RENT.
qui improvide (kWI im-prov-;l-dee). [Latin "who unfore
seeably"] Hist. A supersedeas granted when a writ is
erroneously sued out or wrongfully awarded.
quijustus esse debet (kWI j;)S-t;lS es-ee dee-bet or deb-et).
[Latin] Hist. Who is bound to be just.
Quinquaginta Decisiones. See FIFTY DECISIONS.
quinquepartite (kwin[g]-kw;l-pahr-trt). [Latin "in five
parts"] Hist. Consisting of five parts; divided into five
parts.
quintal (kwin-t;ll). A weight of 100 pounds or 100 kilo
grams. -Also termed kinta/.
quintessential public forum. See traditional public
forum under PUBLIC FORUM.
quinto exactus (kwin-toh eg-zak-t;ls). [Latin "exacted the
fifth time"] Hist. A sheriff's return made after a defen
dant had been called to five county courts but failed to
appear.  The county coroners then ordered that the
defendant be deprived of the benefits ofthe law.
"And, if a non est inventus is returned upon all of them,
a writ of exigent or exigi facias may be sued out, which
requires the sheriff to cause the defendant to be pro
claimed, required, or exacted, in five county courts succes
Sively, to render himself; and, if he does, then to take him,
as in a capias: but if he does not appear, and is returned
quinto exactus, he shall then be outlawed by the coroners
of the county." 3 William Blackstone, Commentaries on the
Laws of England 283 (1768).
Quiritarian (kwi-r;l-tair-ee-;ln), adj. Roman law. (In the
context of ownership, with the full right available to
citizens) legal as opposed to equitable; LEGAL (3).
Also termed Quiritary. Cf. BONITARIAN (1).
qui sibi vigilavit (kWI sib-I vij-i-Iay-vit). [Latin] Hist.
Who has looked after his own interest.
quit, adj. (l3c) (Of a debt, obligation, or person) acquit
ted; free; discharged.
quit, vb. (15c) 1. To cease (an act, etc.); to stop <he didn't
quit stalking the victim until the police intervened>.
2. To leave or surrender possession of (property) <the
tenant received a notice to quit but had no intention of
quitting the premises>.
qui tam action (kWI tam or kee-tam). [Latin qui tam pro
domino rege quam pro se ipso in hac parte sequitur "who
as well for the king as for himself sues in this matter"]
(18c) An action brought under a statute that allows a
private person to sue for a penalty, part of which the
government or some specified public institution will
receive. -Often shortened to qui tam (Q.T.). -Also termed popular action. See FALSE CLAIMS ACT. [Cases:
United States C=> 122.]
quitclaim, n. (14c) 1. A formal release of one's claim or
right. 2. See quitclaim deed under DEED.
quitclaim, vb. (14c) 1. To relinquish or release (a claim or
right). 2. To convey all ofone's interest in (property), to
whatever extent one has an interest; to execute a quit
claim deed. [Cases: Deeds C=>25, 121.]
quitclaim deed. See DEED.
quit rent. Hist. A payment to a feudal lord by a free
holder or copyholder, so called because upon payment
the tenant goes "quit and free" (discharged) ofall other
services. -Also spelled quitrent. -Also termed
quietus redditus.
quittance. (l3c) 1. A release or discharge from a debt or
obligation. 2. The document serving as evidence ofsuch
a release. See ACQUITTANCE.
qui utuntur communi jure gentium (kWI yoo-t;)n-t;lr
b-myoo-nr joor-ee jen-shee-;lm). [Law Latin] Hist.
Who use the common law of nations; who conform to
international law.
quoad (kwoh-ad). [Latin] As regards; with regard to
<with a pledge, the debtor continues to possess quoad
the world at large>.
quoad civilia (kwoh-ad s;l-vil-ee-;l). [Latin] Hist. With
regard to civil rights and benefits.
quoad creditorem (kwoh-ad kred-i-tor-;lm). [Latin] Hist.
With regard to the creditor.
quoad debitorem (kwoh-ad deb-i-tor-;lm). [Latin] Hist.
With regard to the debtor.
quoad excessum (kwoh-ad ek-ses-;lm). [Latin] Hist. With
regard to the excess.
"Where a husband makes a postnuptial provision in favour
of his wife commensurate with his circumstances and
natural duty, it is not subject to revocation by him as a
donation. But if the provision be immoderate, it may be
revoked quoad excessum, in so far as it is excessive." John
Trayner, Trayner's Latin Maxims 525-26 (4th ed. 1894).
quoadfiscum (kwoh-ad fis-bm). [Latin] Hist. With
regard to the fisc; as regards the Crown's rights.
quoad hoc (kwoh-ad hok). [Latin] (17c) As to this; with
respect to this; so far as this is concerned. A pro
hibition quoad hoc is a prohibition of certain things
among others, such as matters brought in an ecclesiasti
cal court that should have been brought in a temporal
court.
quoad maritum (kwoh-ad m;l-rI-t;lm). [Latin] Hist.
With regard to the husband.
quoad mobilia (kwoh-ad moh-bil-ee-;l). [Latin] Hist.
With regard to movable property.
quoad non executa (kwoh-ad non ek-s;l-kyoo-t<'l). [Law
Latin] Scots law. With regard to the acts not done . A
second executor may be appointed quoad non executa
upon the death of the first.
quoad potest (kwoh-ad poh-test). [Latin] Hist. Insofar
as one is able.

1369
quoad reliquum (kwoh-ad rel-;)-kw;)m). [Latin) Hist.
With regard to the remainder.
"When a debtor, in an action brought against him by his
creditor, pleads compensation to a certain extent of the
debt sued for, quoad the sum due to him, , . the credi
tor's right of action falls; but quoad reliquum, after making
deduction of the sum pled in compensation, the creditor's
right of action remains." John Trayner, Trayner's Latin
Maxims 526 (4th ed. 1894).
quoad sacra (kwoh-ad say-kr;)). [Latin] As to sacred
things; for religious purposes. -This term often referred
to property that was located so far from the parish to
which it belonged that it was annexed quoad sacra
to another parish, allowing the inhabitants to attend
the closer parish's services. But the land continued to
belong to the original parish for all civil purposes.
quoad ultra (kwoh-ad ill-tra). [Law Latin] Hist. With
regard to the rest . This reference was commonly
used in pleading when a defendant admitted part of
the plaintiff's claim and quoad ultra denied it.
quoad valet seipsum (kwoh-ad yay-let see-ip-sam).
[Latin] Hist. With regard to its real value.
quoad valorem (kwoh-ad va-lor-am). [Latin] Hist. With
regard to the value.
quo animo (kwoh an-;)-moh), adv. [Latin] With what
intention or motive. See ANIMUS.
quocumque modo velit, quocumque modo possit (kwoh
bm-kwee moh-doh vel-it, kwoh-kilm-kwee moh-doh
pahs-it). [Latin] In any way he wishes; in any way he
can.
quodammodo jurisdiction is voluntariae (kwoh-dam
a-doh joor-is-dik-shee-oh-nis vol-an-tair-ee-ee). [Law
Latin] Hist. Belonging in some measure to voluntary
jurisdiction.
quod billa cassetur (kwod bil-a ka-see-t;)r), n. [Latin
"that the bill be quashed"] The common-law form ofa
judgment sustaining a plea in abatement that proceeds
from a bill instead of an original writ. See CASSETUR
BILLA.
quod clerici non eligantur in officio ballivi, etc. (kwod
kler-;)-SI non el-;}-gan-t;}r in <l-fish-ee-oh bal-h-vI), n.
[Law Latin "that clerks are not chosen in the office of a
bailiff, etc."] Hist. A writ exempting a clerk, who was to
be appointed as a bailiff, beadle, reeve, or other officer,
from serving in the office.
quod computet (kwod kom-pya-tet). [Law Latin "that he
account") The first judgment in an action ofaccount,
req~iring the defendant to give an accounting before i
audItors. Also termed judgment quod computet.
"In this action, if the plaintiff succeeds, there are two judg
ments: the first is, that the defendant do account (quod ~
computet) before auditors appointed by the court; and, \
when such account is finished, then the second judgment
is, that he do pay the plaintiff so much as he is found in
arrear:' 3 William Blackstone, Commentaries on the Laws
ofEng/and 163 (1768).
quod cum (kwod k;}m). [Law Latin1For that; whereas.
In common-law pleading, this phrase introduced expla-,
nations for the claims alleged, as in assumpsit actions. quod recuperet
quod ei deforceat (kwod ee-I di-for-see-at), n. [Law
Latin "that he deforces him"] Hist. A writ allowed by
St. Westm. 2, 13 Edw., ch. 4 for the owners ofa particu
lar estate (such as a life estate or fee tail) who had lost
land unwittingly by default in a possessory action. -Up
to that time, only owners in fee simple could recover
property after such a default.
quod erat demonstrandum (kwod er-at dem-<ln-stran
d<)m). See Q.E.D.
quod erat faciendum (kwod er-;)t fay-shee-en-d<)m). See
Q.E.P.
quodfuit concessum (kwod f[y)oo-it bn-ses-<lm). [Law
Latin] Which was granted. -This phrase was used in
old reports to indicate that an argument or point made
by counsel was approved or allowed by the court.
quod jussu (kwod jilS-[yJoo). [Latin "which was done by
order"] Roman law. See actio quod jussu under ACTIO.
quod non fuit negatum (kwod non f[y]oo-it ni-gay
t;)m). [Law Latin] Hist. Which was not denied. -This
phrase usu. signifies that an argument or proposal is
not denied or controverted by the court.
quod nota (kwod noh-t;j). [Latin] Hist. Which note;
which mark . This is a reporter's note directing atten
tion to a point or rule.
quod partes repladtent (kwod pahr-teez ri-plas-i-tant),
n. [Law Latin "that the parties do replead"] Hist. Ihe
judgment ordering repleader when an issue is formed
on so immaterial a point that the court does not know
for whom to give a judgment.  The parties must then
reconstruct their pleadings.
quod partitio fiat (kwod pahr-tish-ee-oh fI-at). [Latin
"that partition be made"] Hist. In a partition suit, a


-tish-ee-oh fI-at). [Latin
"that partition be made"] Hist. In a partition suit, a
judgment granting the partition.
quod permittat (kwod p;)r-mit-it), n. [Latin "that he
permit"] Hist. A writ to prevent an interference in the
exercise ofa right, such as a writ for the heir ofsomeone
disseised of a common of pasture against the heir of
the disseisor.
quod permittat prosternere (kwod par-mit-it proh-star
na-ree), n. [Law Latin "that he permit to abate"] Rist. A
writ to abate a nuisance, similar in nature to a petition
ofright. _ This writ was abolished by the Real Property
Limitation Act of 1833.
"This is a writ commanding the defendant to permit the
plaintiff to abate, quod permittat prosternere. the nuisance
complained of; and, unless he so permits, to summon him
to appear in court, and shew cause why he will not. And
this writ lies as well for the alienee of the party first injured,
as against the alienee of the party first injuring; as hath
been determined by all the judges. And the plaintiff shall
have judgment herein to abate the nuisance, and to recover
damages against the defendant." 3 William Blackstone,
Commentaries on the Laws of Eng/and 222 (1768),
quod recuperet (kwod ri-k!y]oo-par-it), n. [Law Latin
"that he do recover") Hist. The ordinary judgment
for a plaintiff in an action at law . The judgment
might be either final or interlocutory depending on
whether damages had been ascertained at the time the

1370 quod si contingat
judgment was rendered. Also termed judgment quod
recuperet.
quod si contingat (kwod SI kon-ting-at). [Law Latin]
Hist. That if it happen. These words were used to
create a condition in a deed.
quod vide (kwod vI-dee or vee-day). See Q.V.
quod voluit non dixit (kwod vol-yoo-it non dik-sit).
[Latin] Hist. That he did not say what he intended .
This phrase was sometimes used in an argument con
cerning the intention of a lawmaker or testator.
quo jure (kwoh joor-ee). [Law Latin "by what right"]
Hist. A writ for someone holding land to which another
claimed a common, to compel the latter to prove title.
See COMMON (1).
quominus (kwoh-mit-nits or kwoh-mI-nits). [Latin
quo minus "by which the less") Hist. A 14th-century
Exchequer writ alleging that the plaintiff had lent the
defendant a sum of money and that the plaintiff was
unable to repay a debt ofsimilar amount to the Crown
because of the debt to the defendant.  In effect, the
plaintiff pleaded the fiction that he was a debtor of
the king who could not repay that debt because of the
defendant's failure to repay him. Also termed writ
ofquominus.
"[W)hat in the beginning had been permitted as a means of
collecting the royal revenue came in the end to be nothing
more or less than permitting any citizen to sue in the
court of the king in order to collect a private debt. The old
pretense that the matter concerned the royal revenue had
to be kept up, and accordingly A had to allege that he was
'less able' to pay the king when his debtors would not pay
him. But everyone, even the court itself, recognized this as
a mere fiction, and that since the suit was in fact between
A and B, B was not permitted to bring in other matters,
such for example as a defense on the ground that A did not
actually owe any taxes to the crown. This fiction came to be
known as the 'quo minus' fiction, because these were the
Latin words used in the litigation, which meant that A was
'less able' to pay the king." Charles Herman Kinnane, A First
Book on AngloAmerican Law 265-66 (2d ed. 1952).
quomodo constat (kwoh-mit-doh kon-stat). [Latin] Hist.
As it appears (from the record, the pleadings, etc.).
quomodo desiit possidere (kwoh-m<i-doh des-ee-it pos
it-dee-ree). [Law Latin] Scots law. In what way he ceased
to possess. In an action to reclaim possession, the
plaintiffwas required to prove previous possession and
quomodo desiit possidere (as by theft, etc.).
quondam (kwon-ddm), adj. Having been formerly;
former <the quondam ruler>.
quondam, n. Archaic. A person who once held an office
or a position, esp. one who was involuntarily removed
or deposed.
quorum, n. (17c) Parliamentary law. The minimum
number of members (usu. a majority of all the members)
who must be present for a deliberative assembly to
legally transact business. PI. quorums. [Cases: Parlia
mentaryLaw
constituency-based quorum. See interest-based
quorum. disappearing quorum. A quorum whose presence may
be more presumptive than actual. See presumption of
a quorum under PRES1JMPTION.
interest-based quorum. A quorum determined accord
ing to the presence or representation of various
constituencies. Also termed constituency-based
quorum.
notice-based quorum. A quorum determined accord
ing to how far in advance of the meeting its call was
circulated. Under a notice-based quorum, the later
the call gets sent out, the larger the quorum grows.
proportional quorum. A quorum calculated with refer
ence to some defined or assumed set, usu. either the
number of seats (including vacancies) or the number
of sitting members (excluding vacancies).
registration-based quorum. A quorum determined
according to how many members have checked in at
the meeting, either at some fixed time or throughout
the time since the meeting began.
quorum bonorum (kwor-itm bit-nor-itm). [Latin] Roman
law. A praetorian interdict by which a person was
allowed to take possession of an estate. See BONORUM
POSSESSIO CONTRA TABULAS.
quorum call. See CALL (1).
quorumless, adj. Lacking a quorum. quorumless
ness, n.
quorum nobis. See CORAM NOBIS.
quorum usus consistit in abusu (kwor-<im yOO-SdS [or
yoo-Z<is] bn-sis-tit in d-byoo-s[y]oo). [Law Latin) Scots
law. The use of which consists in consuming them .
The phrase appeared in reference to fungibles.
quot. Hist. Scots law. Formerly, the 20th part of an estate's
movables, calculated before the decedent's debts are
paid, owed to the bishop ofthe diocese.
quota. (17c) 1. A proportional share assigned to a person
or group; an allotment <the university's admission stan
dards included a quota for in-state residents>. [Cases:
Colleges and Universities 2. A quantitative
restriction; a minimum or maximum number <Faldo
met his sales quota for the month>.
export quota. A restriction on the products that can
be sold to foreign countries . In the United States,
export quotas can be established by the federal gov
ernment for various purposes, including national
defense, price support, and economic stability.
import quota. A restriction on the volume ofa certain
product that can be brought into the country from a
foreign country . In the United States, the President
may establish a quota on an item that poses a threat
of serious injury to a domestic industry.
quot articuli tot libelli (kwot ahr-tik-Yd-h taht li-bel-I).
[Law Latin] Hist. As many points of dispute as libels.
quotation. (l7c) 1. A statement or passage that is exactly
reproduced, attributed, and cited. 2. The amount stated
as a stock's or commodity's current price.

1371
market quotation. The most current price at which
a security or commodity trades. [Cases: Exchanges
13.]
3. A contractor's estimate for a given job. -Sometimes
shortened to quote. [Cases: Contracts ~229(1).1
quot generationes tot gradus (kwot jen-<:l-ray-shee-oh
neez taht gray-d<:ls). [Law Latin] Rist. As many genera- i
Hons as degrees (of relationship) . The phrase appeared
in reference to degrees ofrelationship.
quotient verdict. See VERDICT.
quousque (kwoh-as-kwee). [Latin] Rist. As long as; how
long; until; how far.  This term was used in convey
ances as a limitation.
quovis modo (kwoh-vis moh-doh). [Latin] In whatever
manner.
quovis tempore (kwoh-vis tem-p<l-ree). [Latin] Rist. At
whatever time.
quo warranto (kwoh wel-ran-toh also kwoh wahr
an-toh). [Law Latin "by what authority"] (15c) 1. A
common-law writ used to inquire into the author
ity by which a public office is held or a franchise is
claimed. -Also termed writ ofquo warranto. [Cases:
Quo Warranto C=>9.] 2. An action by which the state
seeks to revoke a corporation's charter. -The Federal
Rules of Civil Procedure are applicable to proceedings
for quo warranto "to the extent that the practice in such
proceedings is not set forth in statutes of the United
States and has therefore conformed to the practice
in civil actions." Fed. R. Civ. P. 81(a)(2). [Cases: Quo
Warranto ~15.] q.v.
"There are two modes of proceeding judicially to ascertain
and enforce the forfeiture of a charter for default or abuse
of power. The one is by scire facias: and that process is
proper where there is a legal existing body, capable of
acting, but who have abused their power. The other mode
is by information in the nature of a quo warranto; which
is in form a criminal, and in its nature a civil remedy: and
that proceeding applies where there is a body corporate de
facto only, but who take upon themselves to act, though,
from some defect in their constitution, they cannot legally
exercise their powers. Both these modes of proceeding are
at the instance of and on behalf of the government. The
state must be a party to the prosecution, for the judgment
is that the parties be ousted, and the franchises seised
into the hands of the government." 2 James Kent, Com
mentaries on American Law *313 (George Comstock ed.,
11th ed. 1866).
"Quo warranto means 'by what warrant?' -or authority?
and was a proceeding to inquire whether authority existed
to justify or authorize certain acts of a public character or
interest. Originally the proceeding of quo warranto was a
criminal one instituted by the crown, the purpose of which
was to find out, in the course of a formal inquiry, whether
or not persons or corporations were exercising a privilege
or franchise illegally, or if persons who had no right to do
so were occupying some public office. If it were found that
the person or corporation was in fact illegally interfering
with the prerogative power of the crown, or was in fact
doing some other illegal act, it was ousted from the illegal
practice or office. Accordingly, it can be seen at once that
the proceeding on quo warranto was not one to be used
by private parties in the conduct of ordinary litigation."
Charles Herman Kinnane, A First Book on AngloAmerican
Law 662 (2d ed. 1952).
q.v. abbr. [Latin quod vide] (17c) Which see used in
non-Bluebook citations for cross-referencing. PL qq.v.

R
R. abbr. 1. REX. 2. REGINA. 3. RANGE. 4. Trademarks.
When contained in a circle (and often superscripted),
the symbol indicating that a trademark or servicemark
is registered in the U.S. Patent and Trademark Office.
See registered trademark under TRADEMARK; SERVICE
MARK.
rabbicular trust. See TRUST (3).
rabbinical divorce. See DIVORCE.
rabbi trust. See TRUST (3).
race act. See RACE STATUTE.
race-notice statute. (1968) A recording law providing
that the person who records first, without notice of
prior unrecorded claims, has priority . About half
the states have race-notice statutes. -Also termed
race-notice act; notice-race statute. Cf. RACE STATUTE;
NOTICE STATUTE. [Cases: Vendor and Purchaser C=:'
231(11).]
race ofdiligence. Bankruptcy. A first -come, first-served
disposition of assets. [Cases: Bankruptcy C=:'3442.]
race statute. (1944) A recording act providing that the
person who records first, regardless of notice, has
priority.  Only Louisiana and North Carolina have
race statutes. -Also termed pure race statute; race act.
Cf. NOTICE STATUTE; RACE-NOTICE STATUTE. [Cases:
Vendor and Purchaser C=:'231(11).]
race to the courthouse.(l961) 1. Bankruptcy. The com
petition among creditors to make claims on assets,
usu. motivated by the advantages to be gained by those
who act first in preference to other creditors . Chapter
11 of the Bankruptcy Code, as well as various other
provisions, is intended to prevent a race to the court
house and instead to promote equality among credi
tors. [Cases: Bankruptcy C=:'2022, 2391, 2601, 3501.]
2. Civil procedure. The competition between disputing
parties, both ofwhom know that litigation is inevitable,
to prepare and file a lawsuit in a favorable or conve
nient forum before the other side files in one that is less
favor


to prepare and file a lawsuit in a favorable or conve
nient forum before the other side files in one that is less
favorable or less convenient.  A race to the courthouse
may result after one party informally accuses another
ofbreach ofcontract or intellectual-property infringe
ment. When informal negotiations break down, both
want to resolve the matter quickly, usu. to avoid further
business disruption. While the accuser races to sue for
breach of contract or infringement, the accused seeks
a declaratory judgment that no breach or infringement
has occurred. See ANTICIPATORY FILING.
rachat (rah-shah), n. [French] 1. Repurchase; redemp
tion. 2. Ransom.
racheter (rah-sh;l-tay), vb. [French] 1. To repurchase or
buy back. 2. To ransom.
racial discrimination. See DISCRIMINATION. racial profiling. The law-enforcement practice of using
race, national origin, or ethnicity as a salient basis for
suspicion of criminal activity . Originally, the term
referred to the practice of stopping a disproportion
ate number of male African-American drivers on the
assumption that they had a heightened likelihood of
being involved in criminal activity. After the terrorist
attacks ofSeptember 11,2001, the term was frequently
used in reference to searching and interrogating Middle
Eastern men at airports. -Also termed ethnic profil
ing;profiling. Cf. LINGUISTIC PROFILING. [Cases: Arrest
C=:'63.5(4); Civil Rights C=:' 1088(4).]
rack, n. Hist. An instrument oftorture on which a person
was slowly stretched, formerly used to interrogate
someone charged with a crime.
racket, n. (1819) 1. An organized criminal activity; esp.,
the extortion ofmoney by threat or violence. 2. A dis
honest or fraudulent scheme, business, or activity.
[Cases: Racketeer Influenced and Corrupt Organiza
tions C=:'50, 107.]
racketeer, n. (1924) A person who engages in racketeer
ing. [Cases: Racketeer Influenced and Corrupt Orga
nizations C=:'4, 103.] -racketeer, vb.
Racketeer Influenced and Corrupt Organizations Act.
A law designed to attack organized criminal activity
and preserve marketplace integrity by investigating,
controlling, and prosecuting persons who participate
or conspire to participate in racketeering. 18 USCA
 1961-1968 . Enacted in 1970, the federal RICO
statute applies only to activity involving interstate
or foreign commerce. Since then, many states have
adopted laws (sometimes called "little RICO" acts)
based on the federal statute. The federal and most
state RICO acts provide for enforcement not only by
criminal prosecution but also by civil lawsuit, in which
the plaintiff can sue for treble damages. -Abbr. RICO.
[Cases: Racketeer Influenced and Corrupt Organiza
tions C=:'2, 101.]
"Before criminal or civil liability can attach under RICO,
it must be shown that the two or more acts of racketeer
ing alleged in the criminal indictment or civil complaint
constitute a pattern of racketeering activity on the part of
the culpable person. The statutory definition of pattern
'requires at least two' predicate acts occurring within
ten years of each other, with one of them occurring after
October 15, 1970. More broadly put, the pattern of rack
eteering activity is a scheme of unlawful conduct with a
nexus to both the culpable person and the enterprise."
David R. McCormack, Racketeering Influenced Corrupt
Organizations  1.04, at 1-20 (1998).
racketeering, n. (1897) 1. A system of organized crime
traditionally involving the extortion of money from
businesses by intimidation, violence, or other illegal
methods. [Cases: Racketeer Influenced and Corrupt
Organizations C=:'4, 103.] 2. A pattern ofillegal activity

1373
(such as bribery, extortion, fraud, and murder) carried
out as part ofan enterprise (such as a crime syndicate)
that is owned or controlled by those engaged in the
illegal activity . The modern sense (sense 2) derives
from the federal RICO statute, which greatly broad
ened the term's original sense to include such activi
ties as mail fraud, securities fraud, and the collection
of illegal gambling debts. See 18 USCA  1951-1960.
[Cases: Racketeer Int1uenced and Corrupt Organiza
tions 102.]
rack rent, n. Rent equal to or nearly equal to the full
annual value ofthe property; excessively or unreason
ably high rent. -rack-rent, vb. rack-renter, n.
radical lawyering. See CAUSE LAWYERING.
raffle, n. A form oflottery in which each participant buys
one or more chances to win a prize. [Cases: Lotteries
raid, n. 1. A sudden attack or invasion by law-enforce
ment officers, usu. to make an arrest or to search for
evidence of a crime. 2. An attempt by a business or
union to lure employees or members from a competi
tor. 3. An attempt by a group of speculators to cause a
sudden fall in stock prices by concerted selling.
raider. See CORPORATE RAIDER.
railroad, vb. 1. To transport by train. 2. To send (a
measure) hastily through a legislature so that there is
little time for consideration and debate. 3. To convict
(a person) hastily, esp. by the use of false charges or
insufficient evidence.
railroad-aid bond. See BOND (3).
railroad company. See railroad corporation under COR
PORATION.
railroad corporation. See CORPORATION.
Railroad Retirement Board. A three-member federal
board that administers the program providing retire
ment, unemployment, and sickness benefits to retired
railroad employees and their families . The Board was
established bv the Railroad Retirement Act of 1934. -
Abbr. RRB. [Cases: Social Security and Public Welfare
(~:)161; Unemployment Compensation (:::>231.]
Railway Labor Act. A 1926 federal law giving transpor
tation employees the right to organize without man
agement interference and establishing guidelines for
the resolution oflabor disputes in the transportation
industry. In 1934, the law was amended to include the
airline industry and to establish the National Media
tion Board. 45 USCA 151-188. See NATIONAL MEDIA
TION BOARD.
rainmaker, n. A lawyer who generates a large amount
of business for a law firm, usu. through wide contacts
within the business community <the law firm fell on
hard times when the rainmaker left and took his clients
with him>. rainmaking, n.
raise, vb. (I2c) 1. To increase in amount or value <the
industry raised prices>. 2. To gather or collect <the
charity raised funds>. 3. To bring up for discussion or
consideration; to introduce or put forward <the party rank
raised the issue in its pleading>. 4. To create or establish
<the person's silence raised an inference ofconsent>. 5.
To increase the stated amount of (a negotiable instru
ment) by fraudulent alteration <the indorser raised the
check>.
raise a question ofprivilege. To offer a question of privi
lege to be considered by the meeting or ruled on by the
chair. See question ofprivilege under QUESTION (3).
raised check. See CHECK.
i raising an instrument. Ihe act of fraudulently altering
a negotiable instrument, esp. a check, to increase
the amount stated as payable. See raised check under
CHECK. [Cases: Banks and Banking ~7'147.]
rake-off, n. (1887) A percentage or share taken, esp. .
! from an illegal transaction; an illegal bribe, payoff, or
skimming of profits. -rake off, vb.
i rally, n. A sharp rise in price or trading (as of stocks)
, after a declining market.
RAM. See reverse annuity mortgage under MORTGAGE.
Rambo lawyer. Slang. A law'yer, esp. a litigator, who uses
aggressive, unethical, or illegal tactics in representing
a client and who lacks courtesy and profeSSionalism
in dealing with other lawyers. Often shortened to
Rambo.
ram raid. Slang. The smashing of a shop window or other
commercial premises with a vehicle in order to break in
and steal cash or goods . The term is most common in
Britain, Ireland, and Australia. -Also termed crash
and-dash. Cf. SMASH-AND-GRAB.
Ramseyer rule. A rule of the U.S. House of Represen
tatives requiring any committee reporting a bill that
amends legislation in force to show in its report what
wording the bill would strike from or insert into the
current law. The rule is named for Representative C.
William Ramseyer (1875-1943) ofIowa, who proposed
it. The analogous rule in the U.S. Senate is the Cordon
rule. See CORDON RULE.
Rand D. abbr. RESEARCH AND DEVELOPMENT.
range, n. Land law. In U.S. government surveys, a strip
of public land running due north to south, consisting
ofa row oftownships, at six-mile intervals. Abbr. R.
[Cases: Public Lands C---=25.]
ranger. 1. Rist. In England, an officer or keeper of a
royal forest, appointed to patrol the forest, drive out
stray animals, and prevent trespassing. 2. An officer or
warden who patrols and supervises the care and pres
ervation of a public park or forest. [Cases: Woods and
Forests (::::7.]3. One of a group ofsoldiers who patrol
a given region; esp., in the U.S. military, a soldier spe
cially trained for surprise raids and dose combat. 4. A
member ofa special state police force.
rank, n. 1. A social or official position or standing, as in
the armed forces <the rank of captain>. [Cases: Armed
Services (~8.1 2. Parliamentary law. A motion's
relative precedence. See PRECEDENCE (3).

1374 rank and file
rank and file. 1. The enlisted soldiers ofan armed force,
as distinguished from the officers. 2. The general mem
bership of a union.
rank-order voting. See preferential voting under
VOTING.
ransom, n. (l3c) 1. Money or other consideration
demanded or paid for the release ofa captured person
or property. See KIDNAPPING. 2. The release of a
captured person or property in exchange for payment
ofa demanded price. [Cases: Kidnapping C-:;;) 19.]
ransom, vb. (l4c) 1. To obtain the release of (a captive)
by paying a demanded price. 2. To release (a captive)
upon receiving such a payment. 3. To hold and demand
payment for the release of(a captive).
ransom bill. Int'/law. A contract by which a vessel
or other property captured at sea during wartime is
ransomed in exchange for release and safe conduct to a
friendly destination. Also termed ransom bond.
ransom factor. Slang. The costliness oflitigation consid
ered as a disincentive to vindicate one's rights in court.
-The term is used mostly in England.
rap, n. (1903) Slang.!. Legal responsibility for a criminal
act <he took the rap for his accomplices>. 2. A criminal
charge <a murder rap>. 3. A criminal conviction; esp., a
prison sentence <a 20-year rap for counterfeiting>.
rape, n. (ISc) 1. At common law, unlawful sexual inter
course committed by a man with a woman not his wife
through force and against her will. -The common
law crime ofrape required at least a slight penetration
of the penis into the vagina. Also at common law, a
husband could not be convicted of raping his wife.
Formerly termed rapture; ravishment. [Cases: RapeC=>
1.) 2. Unlawful sexual activity (esp. intercourse) with
a person (usu. a female) without consent and usu. by
force or threat ofinjury. -Most modern state statutes
have broadened the definition along these lines. Rape
includes unlawful sexual intercourse without consent
after the perpetrator has substantially impaired his
victim by administering, without the victim's knowl
edge or consent, drugs or intoxicants for the purpose
of preventing resistance. It also includes unlawful
sexual intercourse with a person who is unconscious.
Marital status is now usu. irrelevant, and sometimes
so is the victim's gender. Also termed (in some
statutes) unlawful sexual intercourse; sexual assault;
sexual battery; sexual abuse; (in Latin) crimen raptus.
Cf. sexual assault under ASSAVLT; sexual battery under
BATTERY.
"[Another] offence, against the female part also of his maj
esty's subjects, but attended with greater aggravations
than that of forCible marriage, is the crime of rape, raptus
mulierum, or the carnal knowledge of a woman forcibly
and against her will." 4 William Blackstone, Commentaries
on the Laws of England 210 (1769).
"If force is to be declared an element of the crime [of rape]
it becomes necessary to resort to the fiction of 'construe
tive force' to take care of those cases in which no force is
needed beyond what is involved in the very act of inter
course itself. A better analysis is to recognize that the
requirement of force is simply a means of demonstrating that the unlawful violation of the woman was without her
consent and against her will. Therefore, evidence of serious
force need not be shown in many cases. Hence the better
view is that 'force' is not truly speaking an element of the
crime itself, but if great force was not needed to accomplish
the act the necessary


'force' is not truly speaking an element of the
crime itself, but if great force was not needed to accomplish
the act the necessary lack of consent has been disproved
in other than exceptIOnal situations. The courts today
frequently state the position that a woman's resistance
need not be 'more than her age, strength, the surrounding
facts, and all attending circumstances' make reasonable."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 211-12
(3d ed. 1982).
acquaintance rape. (1980) Rape committed by someone
known to the victim, esp. by the victim's social com
panion. Cf. date rape; relationship rape.
command rape. Coerced or forced sexual contact
between a superior member and subordinate member
of the armed forces.
date rape. (1975) Rape committed by a person who is
escorting the victim on a social occasion. -Loosely,
date rape also sometimes refers to what is more accu
rately called acquaintance rape or relationship rape.
[Cases: Rape C=>4,]
marital rape. (1936) A husband's sexual intercourse
with his wife by force or without her consent. _
Marital rape was not a crime at common law, but
under modern statutes the marital exemption no
longer applies, and in most jurisdictions a husband
can be prosecuted for raping his wife. -Also termed
spousal rape. [Cases: Rape <:;'::)4.)
prior-relationship rape. See relationship rape.
rape by means offraud. An instance of sexual inter
course that has been induced by fraud. _ Authorities
are divided on the question whether rape can occur
when a woman is induced bv fraudulent statements to
have sexual intercourse. B~t the term rape by means
offraud is not uncommon in legal literature. (Cases:
Justices ofthe Peace C=> 10.]
rape under age. See statutory rape.
relationship rape. (1999) Rape committed by someone
with whom the victim has had a significant associa
tion, often (though not always) of a romantic nature.
-This term encompasses all types of relationships,
including family, friends, dates, cohabitants, and
spouses, in which the victim has had more than brief
or perfunctory interaction with the other person.
Thus it does not extend to those with whom the
victim has had only brief encounters or a nodding
acquaintance. -Also termed prior-relationship rape.
Cf. date rape; acquaintance rape.
spousal rape. See marital rape.
statutory rape. (1873) Unlawful sexual intercourse
with a person under the age of consent (as defined
by statute), regardless of whether it is against that
person's will. -Generally, only an adult may be con
victed ofthis crime. A person under the age of consent
cannot be convicted. Also termed rape under
See age ofconsent under AGE. [Cases: Rape
"Carnal knowledge of a child is frequently declared to
be rape by statute and where this is true the offense is

1375
popularly known as 'statutory rape: although not so des
ignated in the statute." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 198 (3d ed. 1982).
3. Archaic. The act ofseizing and carrying off a person
(esp. a woman) by force; abduction. 4. The act of plun
dering or despoiling a place. 5. Hist. One of the six
administrative districts into which Sussex, England
was divided, being smaller than a shire and larger than
a hundred.
rape, vb. 1. To commit rape against. 2. Archaic. To
seize and carry off by force; abduct. 3. To plunder or
despoil. rapist, raper, n.
rape shield law. See SHIELD LAW (2).
rape shield statute. See SHIELD LAW (2).
rape uuder age. See statutory rape under RAPE.
rapina (r;:)-pI-n;:). (Latin "robbery, pillage") Roman
& civil law. The forcible taking of another's movable
property with the intent to appropriate it to one's own
use.
"Rapina is the taking away of a thing by violent means. It
gives rise to the praetorian actio vi bonorum raptorum ...."
Rudolph Sohm, The Institutes: A Textbook ofthe History and
System of Roman Private Law 419 Uames Crawford Ledlie
trans., 3d ed. 1907).
rapine (rap-in). 1. Forcible seizure and carrying off
of another's property; pillage or plunder. 2. Archaic.
Rape.
rapport asuccession (ra-por ah sook-ses-syawn), n.
[French "return to succession") Civil law. The restora
tion to an estate of property that an heir received in
advance from the decedent, so that an even distribution
may be made among all the heirs. Cf. HOTCHPOT.
rapporteur (ra-por-tuur or -t3r), n. [French) An official
who makes a report of committee proceedings for a
larger body (esp. a legislature).
rapprochement (ra-prosh-mahn). [French] The estab
lishment or restoration ofcordial relations between two
or more nations. -Also spelled rapprochment.
rap sheet. (1960) Slang. A person's criminal record.
raptu haeredis (rap-t[y]oo h;:)-ree-dis), n. [Latin] Hist.
A writ for taking away an heir held in socage. See
SOCAGE.
rapture. Archaic. 1. Forcible seizure and carrying off
of another person (esp. a woman); abduction. 2. RAPE
(1).
raptu virginum (rap-t[y]oo v3r-ji-n<"lm). See DE RAPTU
VIRGINUM.
rapuit (rap-yoo-it). [Latin) Hist. Ravished. _ The term
was formerly used in indictments for rape. See RAV
ISHMENT.
RAR. abbr. REVENUE AGENT'S REPORT.
rasure (ray-zhar). 1. The scraping or shaving of a docu
ment's surface to remove the writing from it; erasure.
2. Obliteration. rase, vb.
rat. Slang. See STOOL PIGEON (1). rate of return
ratable (ray-t;:)-bal), adj. (l6c) 1. Proportionate <ratable
distribution>. 2. Capable of being estimated, appraised,
or apportioned <because hundreds of angry fans ran
onto the field at the same time, blame for the goalpost's
destruction is not ratable>. 3. Taxable <the government
assessed the widow's ratable estate>. See PRO RATA.
ratchet theory. (1977) Constitutional law. Ihe principle
that Congress, in exercising its enforcement power
under the 14th Amendment, can increase but not dilute
the scope of 14th Amendment guarantees as previously
defined by the Supreme Court. -The thought underly
ing the term is that the enabling clause works in only
one direction, like a ratchet. The theory was stated by
Justice Brennan in Katzenbach v. Morgan, 384 U.S.
641,86 S.Ct. 1717 (1966), but was repudiated by the
Supreme Courtin City ofBoerne v. Flores, 521 U.S. 507,
117 S.Ct.2157 (1997). -Also termed one-way ratchet
theory.
rate, n. (I5c) 1. Proportional or relative value; the pro
portion by which quantity or value is adjusted <rate of
inflation>. 2. An amount paid or charged for a good or
service <the rate for a business-class fare is $550>.
class rate. A single rate applying to the transporta
tion of several articles ofthe same general character.
[Cases: Carriers C=> 189.)
confiscatory rate. A utility rate set so low by the gov
ernment that the utility company cannot realize a
reasonable return on its investment. [Cases: Public
Utilities C;:::, 129.)
freight rate. A rate charged by a carrier for the trans
portation ofcargo, usu. based on the weight, volume,
or quantity of goods but sometimes also on the goods'
value or the mileage. [Cases: Carriers C:)12, 189.]
jOint rate. A single rate charged by two or more carriers
to cover a shipment of goods over a single route.
(Cases: Carriers C=>26, 193.]
union rate. The wage scale set by a union as a minimum
wage to be paid and usu. expressed as an hourly rate
or piecework rate.
3. INTEREST RATE <the rate on the loan increases by
2% after five years>. 4. PREMIUM RATE. 5. English law.
A sum assessed or payable to the local government in
the place where a ratepayer dwells or has property. See
RATEPAYER. rate, vb.
rate base. The investment amount or property value on
which a company, esp. a public utility, is allowed to
earn a particular rate of return. [Cases: Public Utili
ties (;::::> 124.]
rate-base value. See net book cost under COST (1).
rate of interest. See INTEREST RATE.
rate of return. The annual income from an invest
ment, expressed as a percentage ofthe investment. See
RETURN (5).
fair rate ofreturn. The amount of profit that a pUblic
utility is permitted to earn, as determined by a public
utility commission. ICases: Public Utilities Cr-;:, 129.)

1376 ratepayer
internal rate ofreturn. Accounting. A discounted-cash
flow method of evaluating a long-term project, used
to determine the actual return on an investment.
Abbr. IRR.
ratepayer. English law. A person who pays local taxes; a
person liable to pay rates. See RATE (4).
ratification, n. (I5c) 1. Adoption or enactment, esp.
where the act is the last in a series of necessary steps
or consents <The Ratification of the Conventions of
nine States, shall be sufficient for the Establishment of
this Constitution between the States so ratifying the
Same>. In this sense, ratification runs the gamut of
a formal approval of a constitutional amendment to
rank-and-file approval ofa labor union's collective-bar
gaining agreement with management. See ADOPTION
(5). Cf. SANCTION (1). 2. Confirmation and acceptance
of a previous act, thereby making the act valid from
the moment it was done <the board of directors' rati
fication of the president's resolution> . This sense
includes action taken by the legislature to make binding
a treaty negotiated by the executive. [Cases; Estoppel
~90(1).] 3. Contracts. A person's binding adoption
of an act already completed but either not done in a
way that originally produced a legal obligation or
done by a third party having at the time no authority
to act as the person's agent <an adult's ratification of a
contract signed during childhood is necessary to make
the contract enforceable>. [Cases; Contracts C~?97(2);
Infants Principal and Agent ~163-176.]
"Ratification may take place by express words indicating an
intention to confirm the contract. These words may conSist
of a new express promise, or such words as 'I do ratify
and confirm.' A mere acknowledgment that the contract
was in fact made and that it has not been performed is
not sufficient as a ratification. it is sometimes said that
a ratification is ineffective unless made with knowledge
of the possession of a legal power to disaffirm, but the
cases holding the contrary seem to have the better reason."
William R. Anson, Principles ofthe Law ofContract 179-80
(Arthur L. Corbin ed., 3d Am. ed. 1919).
4. Int'llaw. The final establishment of consent by the
parties to a treaty to be bound by it, usu. including the
exchange or deposit of instruments ofratification <the
ratification ofthe nuclear-weapons treaty>. See INSTRU
MENT OF RATIFICATION. Cf. CONFIRMATION. lCases;
Treaties ratify, vb. ratifiable, adj.
ratihabitio (rat-~-hd-bish-ee-oh), n. [Latin ff. ratum
habere "to hold ratified"] Civil law. Ratification or
approval, esp. by a principal of an agent's transaction.
PI. ratihabitiones.
rating. 1. Marine insurance. The determination of a
vessel's state or condition as a factor of insurabil
ity. [Cases: Insurance ~1515, 1540.] 2. INSURANCE
RATING.
ratio. See RATIO DECIDENDI.
ratiocination (rash-ee-os-d-nay-sh~n), n. (16c) The
process or an act of reasoning. -ratiocinative (rash
ee-os-a-nay-tiv), adj. -ratiocinate (rash-ee-os-~
nayt), vb. ratio decidendi (ray-shee-oh des-d-den-dr), n. [Latin
"the reason for deciding"] (I8c) 1. The principle or rule
of law on which a court's decision is founded <many
poorly written judicial opinions do not contain a
dearly ascertainable ratio decidendi>. 2. The rule of
law on which a later court thinks that a previous court
founded its decision; a general rule without which a
case must have been decided otherwise <this opinion
recognizes the Supreme Court's ratio decidendi in the
school desegregation cases>. -Often shortened to
ratio. PI. rationes decidendi (ray-shee-oh-neez des-~
den-dr). Cf. OBITER DICTUM; HOLDING (1).
"The phrase 'the mtio decidendi of a case' is slightly ambig
uous. It may mean either (1) the rule that the judge who
decided the case intended to lay down and apply to the
facts, or (2) the rule that a later court concedes him to have
had the power to lay down." G


to the
facts, or (2) the rule that a later court concedes him to have
had the power to lay down." Glanville Williams, Learning
the Law 75 (11th ed. 1982).
'There are ... two steps involved in the ascertainment of
the ratio decidendi . ... First, it is necessary to determine
all the facts of the case as seen by the judge; secondly, it
is necessary to discover which of those facts were treated
as material by the judge." Rupert Cross & j.W. Harris, Prec
edent in English Law 65-66 (4th ed. 1991).
ratio legis (ray-shee-oh lee-j~s), n. [Latin] The reason or
purpose for making a law <the Senator argued that the
rapid spread of violent crime was a compelling ratio
legis for the gun-control statute>. Also termed ratio
juris.
rationabiIe estoverium (rash-[ee]-~-nay-b~-lee es-t<)
veer-ee-dm), n. [Law Latin "reasonable necessaries"]
Hist. Alimony.
rationabilibus divisis. See DE RATIONABIUBUS DIVIsrs.
rationabili parte bonorum. See DE RATIONABILI PARTE
BONORUM.
rational-basis test. (1947) Constitutional law. The cri
terion for judicial analysis of a statute that does not
implicate a fundamental right or a suspect or quasi
suspect classification under the Due Process or Equal
Protection Clause, whereby the court will uphold a
law if it bears a reasonable relationship to the attain
ment ofa legitimate governmental objective . Rational
basis is the most deferential of the standards ofreview
that courts use in due-process and equal-protection
analysis. ~Also termed rational-purpose test; ratlonal
relationship test; minimum scrutiny; minimal scrutiny.
Cf. STRICT SCRUTINY; INTERMEDIATE SCRUTINY. [Cases:
Constitutional Law ~3052, 3877.]
rational-choice theory. (1979) The theory that behav
ioral choices, induding the choice to engage in criminal
activity, are based on purposeful decisions that the
potential benefits outweigh the risks. Cf. CONTROL
THEOIc ROUTINE-ACTIVITIES THEORY; STRAIN
THEe".-r.
rational doubt. See REASONABLE DOUBT.
rational interpretation. See logical interpretation under
INTERPRETATION.
rational-purpose test. See RATIONAL-BASIS TEST.
rational-relationship test. See RATIONAL-BASIS TEST.

1377
ratione (ray-shee-oh-nee or rash-ee-oh-nee). [Latin] By
reason; on account.
ratione bonorum (ba-nor-am). By reason ofproperty.
ratione causae (kaw-zee). By reason of the nature of
the case.
ratione contractus (km-trak-tas). By reason of the
contract.
"By entering into a contract, the contracting parties may ...
render themselves amenable to the jurisdiction of ajudge
to whose jurisdiction they would not have been amenable
had the contract not been entered into. Thus, a foreigner,
for the time being domiciled in Scotland, entering into
a contract there with a Scotchman ... renders himself
amenable to the jurisdiction of the Scotch courts in any
question arising out of the contract, for the parties ... are
presumed to have had the law and the courts of Scotland
in view as the forum. . and ajurisdiction thus founded is
said to arise ratione contractus." John Trayner. Trayner's
Latin Maxims 540 (4th ed. 1894).
ratione delicti (di-lik-tI). On account ofthe delict.
ratione domicilii (dom-a-sil-ee-I). By reason of
domicile; on account of residence. The phrase
appeared in reference to the foundation ofjurisdic
tion in many civil cases.
ratione habita (hab-i-t;;). Regard being had (of particu
lar factors or circumstances).
ratione impotentiae (im-pa-ten-shee-ee). By reason
of inability. This was the basis for a property right
in young wild animals that were unable to run or fly.
See FERAE NATURAE.
ratione incidentiae (in-si-den-shee-ee). By reason of
the incident.
ratione loci (loh-sl). By reason ofplace. This was the
basis for a property right in rabbits and hares.
ratione materiae (m;:Heer-ee-ee). By reason of the
matter involved.
ratione originis (a-rij-a-nis). By reason of one's
origin.
ratione personae (par-soh-nee). By reason ofthe person
concerned.
ratione privilegii (priv-a-Iee-jee-I). By reason ofpriv
ilege. This was the basis for a property right in
animals ofwarren. See WARREN.
ratione rei sitae (ree-I sHee). By reason of the situa
tion ofa thing.
ratione soli (soh-h). By reason of the soil.  This was
the basis for a property right in bees.
ratione subjectae materiae (sab-jek-tee m;;-teer-ee-ee).
On account of the subject matter.
ratione suspecti judicis (sa-spek-tI joo-di-sis). On
account ofthe judge being suspected. -This referred
to a judge's recusal in a case.
ratione temporis (tem-por-is), adv. By reason of time
or the times. See RATIONE.
ratione tenurae (ten-ya-ree). By reason of tenure. read law
rationes (ray-shee-oh-neez or rash-ee-oh-neez), n. [Latin
"reasons"] Hist. The pleadings in a suit.
ratio pertinens. A pertinent reason (for a question).
ratio scientiae (ray-shee-oh sr-en-shee-ee). [Law Latin]
Hist. 1he ground ofknowledge; esp., the basis for a wit
ness's testimony.
ratio scripta (ray-shee-oh skrip-t;;). [Latin] Roman law.
\-Vritten reason.
rattening (rat-ning). Hist. The practice of taking away
tools, destroying machinery, and the like in an attempt
either to compel a worker to join a union or to enforce
a company's compliance with union rules. Rattening
was formerly a common labor-union tactic in England,
and it was a criminal offense.
ravishment, n. Archaic. 1. Forcible seizure and carrying
offofanother person (esp. a woman); abduction. 2. RAPE
(1). In this sense the term is Widely considered inap
propriate for modern usage. given its romantic C011110
tations (in other contexts) ofecstasy and delight. In the
Restatement (First) ofTorts  65a, the word was defined
as including not just rape but any carnal intercourse of
a criminal nature. See RAPUIT. ravish, vb.
RBS. abbr. RURAL BUSINESS-COOPERATIVE SERVICE.
RCE. abbr. REQUEST FOR CONTINUED EXAMINATION.
rDNA. abbr. RECOMBINANT DNA TECHNOLOGY.
re (ree or ray), prep. (18c) Regarding; in the matter of.
In the title ofa case, it usu. signifies a legal proceeding
regarding the disposition ofreal or personal property
or a change in legal status. In American caselaw, the
abbreviation commonly used is in re <In re Estate of
Kirk>. In business correspondence, the term signals the
subject matter <re: Board Meeting>. See IN RE.
REA. abbr. RURAL ELECTRIFICATION ADMINISTRA
TION.
rea (ree-a), n. [Latin) In civil and canon law, a defendant.
Pi. reae.
reacquired stock. See treasury stock under STOCK.
reading. Parliamentary law. The recitation aloud of a
bill or other main motion, sometimes by title only, usu.
in a series of three such recitations necessary before a
legislative body can pass a bill. See reading clerk under
CLERK (7).
reading clerk. See CLERK (7).
read into, vb. See READ ON.
readjustment, n. (18c) Voluntary reorganization of a
financially troubled corporation by the shareholders
themselves, without a trustee's or a receiver's interven
tion. -readjust, vb.
read law. 1. To prepare for a legal career by working in
a lawyer's office as a clerk while studying legal texts
on one's own time. -Most American lawyers in the
18th and 19th centuries obtained their legal educations
solely by reading law. Today. few American states allow
applicants to take the bar exam without attending law
school. 2. To study law at a law school.

1378 read on
read on, vb. Patents. 1. (Of a patent claim) to contain
all the same features of (a prior-art reference). -Ifthe
patent claim reads on the prior art, the claim has been
anticipated and the patent will be denied. See ANTICI
PATED. [Cases: Patents 072(1).] 2. (Ofa patent claim)
to describe an infringing product or process. -If all the
patent claims read on the other product, that product
infringes the patent. [Cases: Patents ~226.6.1
ready, willing, and able. (1829) (Of a prospective buyer)
legally and finanCially capable of consummating a
purchase. [Cases: Brokers 0S4; Specific Performance
087.]
"'READY, WILLING, AND ABLE' -A phrase referring to a pro
spective buyer of property who is legally capable and
financially able to consummate the deal. Traditionally,
the broker earns a commission upon procuring a 'ready,
willing, and able' buyer on the listing terms, regardless
of whether the seller actually goes through with the sale.
The 'ready and willing' means, generally, that the broker
must in fact produce a buyer who indicates that he or she
is prepared to accept the terms of the seller and is willing
to enter into a contract for sale. The buyer is not 'ready
and willing' when he or she enters into an option with the
seller, but the buyer is 'ready and willing' when the option
is exercised. The buyer is not 'ready and willing' when the
offer is subject to any new conditions, such as making the
closing date an unreasonably long period, for example,
one year from the offer.... The 'able' requires that the
buyer be financially able to comply with the terms of the
sale in both initial cash payment and any necessary financ
ing. The broker is not required to show that the purchaser
has actual cash or assets to payoff the mortgage. But the
broker is required to reveal the identity of the buyer if
requested by the seller." John W. Reilly, The Language of
Real Estate 326 (4th ed. 1993).
reaffirmation, n. (1857) 1. Approval of something pre
viously decided or agreed to; renewal <the Supreme
Court's reaffirmation ofthis principle is long overdue>.
2. Bankruptcy. An agreement between the debtor and a
creditor by which the debtor promises to repay a prepe
tition debt that would otherwise be discharged at the
conclusion of the bankruptcy <the debtor negotiated
a reaffirmation so that he could keep the collateral>.
There are two main requirements for a reaffirmation to
be enforceable: (I) the agreement must contain a clear
and conspicuous provision stating that the debtor may
rescind the reaffirmation agreement anytime before
discharge or within 60 days after the agreement is filed
with the court; and (2) for a debtor who is not repre
sented by counsel, the court must determine that the
reaffirmation is in the debtor's best interest and does
not impose an undue hardship. 11 USCA  524(c).
Also termed (in sense 2) reaffirmation agreement.
[Cases: BankruptcyC=3415.]- reaffirm, vb.
reaffirmation hearing. Bankruptcy. A hearing at which
the debtor and a creditor present a reaffirmation of a
dischargeable debt for the court's approval. -The reaf
firmation hearing is usu. held simultaneously with the
discharge hearing. See DISCHARGE HEARING. [Cases:
Bankruptcy C--='3417.J
real, adj. (ISc) 1. Of or relating to things (such as lands
and buildings) that are fixed or immovable <real
property> <a real action>. 2. Civil law. Ot~ relating to, or attached to a thing (whether movable or immovable)
rather than a person <a real right>. 3. Actual; genuine;
true <real authority>. 4. (Of money, income, etc.)
measured in terms of purchasing power rather than
nominal value; adjusted for inflation <real wages>.
real account. See ACCOUNT.
real action. See ACTION (4).
real asset. See ASSET.
real authority. See actual authority under AUTHORITY
(1).
real burden. See BURDEN (4).
real chattel. See chattel real under CHATTEL.
real contract. See CONTRACT.
real covenant. See covenant running with the land under
COVE~ANT (4).
real damages. See actual damages under DAMAGES.
real defense. See DEFENSE (4).
real earnings. See EARNI~GS.
real estate. See real property under PROPERTY,
real-estate agent. See AGENT (2).
real-estate broker. See BROKER.
real-estate investment trust. A company that invests in
and manages a portfolio of real estate, with the majority
of the trust's income distributed to its shareholders.
Such a trust may qualify for special income-tax treat
ment if it distributes 95% of its income to its share
holders. -Abbr. REIT. See investment company under
COMPANY. Cf. REAL-ESTATE MORTGAGE TRUST. [Cases:
Internal Revenue C~3997


Y. Cf. REAL-ESTATE MORTGAGE TRUST. [Cases:
Internal Revenue C~3997.]
umbrella-partnership real-estate investment trust. A
REIT that controls and holds most of its properties
through an umbrella limited partnership, as a result
of which the trust can acquire properties in exchange
for the limited-partnership interests in the umbrella
while triggering no immediate tax obligations for
certain sellers. -This is a structure that many REITs
now use. Abbr. UPREIT. [Cases: Internal Revenue
C--:>3997.]
reaI-estate-mortgage investment conduit. An entity that
holds a fixed pool of mortgages or mortgage-backed
securities (such as collateralized mortgage obligations),
issues interests in itself to investors, and receives favor
able tax treatment by passing its income through to
those investors. -Real-estate-mortgage investment
conduits were created bv the Tax Reform Act of 1986.
They can be organized ~s corporations, partnerships,
or trusts. To qualify for tax-exempt status, the entity
must meet two requirements: (1) almost all the entity's
assets must be real-estate mortgages (though a few
other cash-flow-maintaining assets are allowed); and
(2) all interests in the entity must be classified as either
regular interests (which entitle the holder to principal
and interest income through debt or equity) or residual
interests (which provide contingent income). -Abbr.
REMIC.

1379
real-estate mortgage trust. A real-estate investment
trust that buys and sells the mortgages on real property
rather than the real property itself. Abbr. REMT. Cf.
REAL-ESTATE INVESTMENT TRUST.
real estate owned. Property acquired by a lender, usu.
through foreclosure, in satisfaction ofa debt. -Abbr.
REO. [Cases: Mortgages (:;:;>534.]
Real Estate Settlement Procedures Act. A federal law
that requires lenders to proVide home buyers with infor
mation about known or estimated settlement costs. 12
USCA  2601-2617. -Abbr. RESPA. See REGULATION
x. [Cases: Consumer Credit (:;:;>30.]
real-estate syndicate. A group of investors who pool
their money to buy and sell real property . Most real
estate syndicates operate as limited partnerships or
real-estate investment trusts.
real evidence. See EVIDENCE.
realignment (ree-a-hn-m;mt), n. The process by which
a court, usu. in determining diversity jurisdiction,
identifies and rearranges the parties as plaintiffs and
defendants according to their ultimate interests. [Cases:
Federal Civil Procedure 101; Federal Courts
304.] realign, vb.
real income. See INCOME.
realization, n. (18c) L Conversion of noncash assets
into cash assets. 2. Tax. An event or transaction, such
as the sale or exchange of property, that substantially
changes a taxpayer's economic position so that income
tax may be imposed or a tax allowance granted. Cf.
RECOGNITION (4). [Cases: Internal Revenue
3178; Taxation (:;:;>3466.] -realize, vb.
realized gain. See GAIN (3).
realized loss. See LOSS (2).
real law. The law ofreal property; real-estate law.
real money. See MONEY.
real party in interest. See PARTY (2).
real-party-in-interest rule. The principle that the person
entitled by law to enforce a substantive right should be
the one under whose name the action is prosecuted.
Fed. R. Civ. P. 17(a). [Cases: Federal Civil Procedure
(:;:;> 131; Parties (:;:;>6.]
real property. See PROPERTY.
real rate. See INTEREST RATE.
real right. See RIGHT.
real security. See SECURITY.
real servitude. See servitude appurtenant under SERVI
TUDE (2).
real statute. See STATUTE.
real subrogation. See SUBROGATION.
real suretyship. See SURETYSHIP.
real things. (l8c) Property that is fixed and immovable,
such as lands and buildings; real property. Also
termed things real. See real property under PROPERTY. reasonable-apprehension test
Cf. chattel real under CHATTEL. [Cases: Property
4.]
realtor (reel-tdr). 1. (cap.) Servicemark. A real-estate
agent who is a member of the National Association of
Realtors. [Cases: Brokers (:;:;>3.] 2. Loosely, any real
estate agent or broker. [Cases: Brokers (:;:;>2.]
real treaty. See TREATY (1).
realty. Land and anything growing on, attached to, or
erected on it, that cannot be removed without injury
to the land. -Also termed real property.
quasi-realty. Hist.Things that the law treats as fixed
to realty, but are themselves movable, such as title
deeds.
realty trust. See nominee trust (2) under TRUST.
real wages. See WAGE.
real warrandice. See WARRANDICE.
real wrong. See WRONG.
reapportionment, n. (1874) Realignment ofa legislative
district's boundaries to reflect changes in population
and ensure proportionate representation by elected offi
cials. See u.s. Const. art. I,  2, cl. 3. -Also termed
redistricting. Cf. GERRYMANDERING. [Cases: Elections
G':~~ 12(6); States reapportion, vb.
reargument, n. (I8c) The presentation of additional
arguments, which often suggest that a controlling
legal principle has been overlooked, to a court (usu.
an appellate court) that has already heard initial argu
ments. Cf. REHEARING. [Cases: Appeal and Error G.~
828; Federal Civil Procedure G::J928; Federal Courts
(:;:;>'744; Motions reargue, vb.
rearrest. See ARREST.
reasonable, adj. (14c) 1. Fair, proper, or moderate under
the circumstances <reasonable pay>. 2. According to
reason <your argument is reasonable but not convinc
ing>.
"It is extremely difficult to state what lawyers mean when
they speak of 'reasonableness.' In part the expression
refers to ordinary ideas of natural law or natural justice. in
part to logical thought. working upon the basiS of the rules
of law." John Salmond. Jurisprudence 183 n.(u) (Glanville L.
Williams ed., 10th ed. 1947).
"In one sense the word [reasonable) describes the proper
use of the reasoning power, and in another it is no more
than a word of assessment. Reasoning does not help
much in fixing a reasonable or fair price or a reasonable
or moderate length of time, or in estimating the size of a
doubt. Lawyers say a reasonable doubt, meaning a sub
stantial one; the Court of Appeal has frowned upon the
description of a reasonable doubt as one for which reasons
could be given." Patrick Devlin, The Judge 134 (1979).
3. (Of a person) having the faculty of reason <a rea
sonable person would have looked both ways before
crossing the street>. 4. Archaic. Human <criminal
homicide is traditionally called the unlawful killing of
a "reasonable person">. -reasonableness, n.
reasonable accommodation. See ACCOMMODATION.
reasonable-apprehension test. Patents. A judicial
analysiS to decide whether there is a justiciable

1380 reasonable care
controversy between a patentee and an alleged infringer.
 The test has two elements: (1) the patent owner must
make an explicit threat or take other action that makes
another person reasonably believe that an infringement
suit is likely, and (2) the other person must be engaged
in an activity that could constitute infringement or
must be intentionally preparing to engage in possibly
infringing activity. If either element is prospective or
uncertain, the court will not consider the complaint.
[Cases: Declaratory Judgment C:=>234.j
reasonable care. See CARE.
reasonable cause. See PROBABLE CAUSE (1).
reasonable-consumer test. The prevailing test for deter
mining whether advertisement is deceptive, deter
mined by asking whether the reasonable consumer
would believe that the claim is true. Cf. FOOL'S TEST.
[Cases: Antitrust and Trade Regulation
reasonable-development covenant. Oil & gas. The
implied promise in an oil-and-gas lease that once pro
duction is obtained the lessee will continue to develop
the property as would a reasonably prudent operator,
as opposed to merely holding the lease by the produc
tion already obtained. See FURTHER-EXPLORATION
COVENANT. [Cases: Mines and Minerals (;=)78.1(4),
78.1(8).]
reasonable deviation. See DEVIATION.
reasonable diligence. See DILIGENCE.
reasonable doubt. (l8c) The doubt that prevents one
from being firmly convinced ofa defendant's guilt, or
the belief that there is a real possibility that a defen
dant is not guilty. _ "Beyond a reasonable doubt" is
the standard used by a jury to determine whether a
criminal defendant is guilty. See Model Penal Code
 1.12. In deciding whether guilt has been proved
beyond a reasonable doubt, the jury must begin with
the presumption that the defendant is innocent. -Also
termed rational doubt. See BURDEN OF PERSUASIOK. Cf.
clear and convincing evidence under EVIDENCE; PRE
PONDERANCE OF THE EVIDENcE.[Cases: Constitutional
Law C:=>266(7); Criminal Law \.;:;:,561.]
"Reasonable doubt ... is a term often used. probably pretty
well understood, but not easily defined. It is not a mere
possible doubt; because every thing relating to human
affairs, and depending on moral evidence, is open to some
possible or imaginary doubt. It is that state of the case,
which. after the entire comparison and consideration of all
the evidence, leaves the minds of jurors in that condition
that they cannot say they feel an abiding conviction. to a
moral certainty, of the truth of the charge." Commonwealth
v. Webster, 59 Mass. (5 Cush.) 295, 320 (1850) (per Lemuel
Shaw,J.).
''The gravamen of lord Goddard's objection to the formula
of 'reasonable doubt' seems to have been the muddle occa
sionally created by an impromptu effort to explain to a
jury the meaning of this phrase. A simple solution would
be to refrain from explaining it, relying on the common
sense of the jury. As Barton J. said in an Australian case,
'one embarks on a dangerous sea if he attempts to define
with precision a term which is in ordinary use with refer
ence to this subject-matter, and which is usually stated to
ajury without embellishment as a well understood expres
sion.' However, some modes of embellishment seem to be unobjectionable. There is probably no harm in telling
the jury. as some judges do, that a reasonable doubt is
one for which a sensible reason can be supplied." Glanville
Williams. Criminal Law 873 (2d ed. 1961).
reasonable excuse. See PROBABLE CAUSE.
reasonable-expectations doctrine. The prinCiple that an
ambiguous or inconspicuous term in a contract should
be interpreted to favor the weaker party's objectively
reasonable expectations from the contract, even though
the explicit language ofthe terms may not support those
expectations. -This principle is most often applied
when interpreting insurance policies, consumer con
tracts, and other types of adhesion contracts. Also
written reasonable-expectation doctrine. [Cases: Insur
ance 1817.]
reasonable force. See FORCE.
reasonable grounds. See PROBABLE CAUSE (1).
reasonable-inference rule. (1945) An evidentiary prin
ciple providing that a jury, in deciding a case, may
properly consider any reasonable inference drawn from
the evidence presented at trial. Cf. PYRAMIDING INFER
ENCES, RULE AGAINST. [Cases: Criminal Law C:=>559;
Evidence C:=>595.]
reasonable man. See REASONABLE PERSON.
reasonable medical probability. (1949) In proving the
cause ofan injury, a standard requiring a showing that
the injury was more likely than not caused by a par
ticular stimulus, based on the general consensus of rec
ognized medical thought. Also termed reasonable
medical certainty. [Cases: Damages C;)185(1); Evidence
(;::J547.5.]
reasonable notice. See NOTICE.
reasonable person. l. A hypothetical person used as
a legal standard, esp. to determine whether someone
acted with negligence; specif., a person who exercises
the degree ofattention, knowledge, intelligence, and
judgment that society requires of its members for the
protection of their own and ofothers' interests . The
reasonable person acts senSibly, does things without
serious delay, and takes proper but not excessive pre
cautions. See Restatement (Second) of Torts  283(b).
Also termed reasonable mall; prudent person; ordinarily
prudent person; reasonably prudent person; highly
prudent person, See reasonable care under CARE. [Cases:
Negligence
"The reasonable man connotes a person whose notions
and standards of behaviour and responsibility correspond
with those generally obtained among ordinary people in
our society at the present time, who seldom allows his
emotions to overbear his reason and whose habits are
moderate and whose disposition is equable. He is not
necessarily the same as the average man a term which
implies an amalgamation of counter-balancing extremes."
R. F.V. Heuston, Salmond on the Law of Torts 56 (17th ed.
1977).
2. Archaic. A human being.
"In the antique phraseology which has been repeated since
the time of lord Coke the actus reus


. A human being.
"In the antique phraseology which has been repeated since
the time of lord Coke the actus reus of murder (and there
fore of any criminal homicide) was declared to be unlaw
fully killing a reasonable person who is in being and under

1381
the King's peace, the death following within a year and a
day. In this sentence the word 'reasonable' does not mean
'sane', but 'human'. In criminal law, a lunatic is a persona
for all purposes of protection, even when not so treated
for the assessment of liability." j.W. Cecil Turner, Kenny's
Outlines ofCr;minal Law 102 (16th ed. 1952).
reasonable provocation. See adequate provocation under
PROVOCATION.
reasonable royalty. See ROYALTY (1).
reasonable skill. See SKILL.
reasonable support. 1. See SUPPORT (1). 2. See SUPPORT
(2).
reasonable suspicion. See SUSPICION.
reasonable time. (1951) 1. Contracts. The time needed to
do what a contract requires to be done, based on subjec
tive circumstances . If the contracting parties do not
fix a time for performance, the law will usu. presume
a reasonable time. [Cases: Contracts ~-::>212.1 2. Com
merciallaw. The time during which the DCC permits a
party to accept an offer, inspect goods, substitute con
forming goods for rejected goods, and the like. [Cases:
Sales (;::::>22(5), 23(5), 166(1), 168(2), 179(6).]
reasonable use. See USE (1).
reasonable-use theory. (1933) Property. The principle
that owners ofriparian land may make reasonable use
oftheir water ifthis use does not affect the water avail
able to lower riparian owners. [Cases: Waters and Water
Courses (:::)41.J
reasonably believe. See BELIEVE.
reasonably-prudent-operator standard. Oil &gas. The
test generally applied to determine a lessee's compli
ance with implied lease covenants by considering what
a reasonable, competent operator in the oil-and-gas
industry would do under the circumstances, acting in
good faith and with economic motivation, and taking
into account the lessor's interests as well as that of the
operator. -Also termed reasonable-prudent-operator
standard; prudent-operator standard. [Cases: Mines
and Minerals <8=)78.1(2).J
reasonably prudent person. See REASONABLE PERSON.
reasonably suspect. See SUSPECT.
reasons for allowance. See RULE 109 STATEMENT.
reason to know. Information from which a person of
ordinary intelligence -or ofthe superior intelligence
that the person may have -would infer that the fact
in question exists or that there is a substantial enough
chance ofits existence that, ifthe person exercises rea
sonable care, the person can assume the fact exists.
reassurance. See REINSURANCE.
rebate, n. A return of part of a payment, serving as a
discount or reduction. rebate, vb.
rebellion. 1. Open, organized, and armed resistance to
an established government or ruler. 2. Open resistance
or opposition to an authority or tradition. 3. Hist. Dis
obedience ofa legal command or summons. recall election
rebus integris (ree-b~s in-t~-gris). [Latin] Scots law.
Matters being complete; no performance haVing taken
place. For example, a contract could be rescinded if
nothing had been done toward performance.
rebus ipsis etfactis (ree-b~s ip-sis et fak-tis). [Latin] Scots
law. By the facts and circumstances themselves . A
marital contract was sometimes inferred rebus ipsis et
factis.
rebus sic stantibus (ree-b~s sik stan-ti-b;}s). [Latin
"matters so standing"] Civil law & Int'llaw. The prin
ciple that all agreements are concluded with the implied
condition that they are binding only as long as there are
no major changes in the circumstances. See CLAUSA
REBUS SIC STANTIBUS. [Cases: Treaties (;::::>5.)
rebut, vb. (14c) To refute, oppose, or counteract (some
thing) by evidence, argument, or contrary proof <rebut
the opponent's expert testimony> <rebut a presump
tion of negligence>.
rebuttable presumption. See PRESUMPTION.
rebuttal, n. (1830) 1. In-court contradiction of an
adverse party's evidence. 2. lhe time given to a party
to present contradictory evidence or arguments. Cf.
CASE-IN-CHIEF. [Cases: Criminal Law (;::::>683; Federal
Civil Procedure (;::::>2015; Trial (;::::>62.)
"Rebuttal is the hardest argument to make in any court. In
the Supreme Court and in most courts of appeals, petitioner
has to work hard to save any time at all for rebuttal. In the
Supreme Court, rebuttal time comes directly out of the
30 minutes allotted to petitioner's side and, if the justices
keep asking questions that use up petitioner's time, the
case is submitted without rebuttal. Many courts of appeals
permit counsel to reserve time for rebuttal, either through
the clerk in advance of the argument or at the beginning of
the argument itself. It is the rare court of appeals panel that
does not permit counsel at least one minute of rebuttal,
even when counsel's time has expired." David C. Frederick,
Supreme Court and Appellate Advocacy  7.3, at 178 (2003)
(dealing only with oral rebuttals on appeal).
3. The arguments contained in a reply brief. See reply
brief under BRIEF. [Cases: Appeal and Error C='762;
Criminal Law C-=> 1130(6); Federal Courts (~:::::>714.]
rebuttal evidence. See EVIDENCE.
rebuttal witness. See WITNESS.
rebutter. (16c) 1. Common-law pleading. The defendant's
answer to a plaintiff's surrejOinder; the pleading that
followed the rejOinder and surrejoinder, and that might
in turn be answered by the surrebutter. [Cases: Pleading
185.)2. One who rebuts.
rebutting evidence. See rebuttal evidence under
EVIDENCE.
recall, n. (1902) 1. Removal ofa public official from office
by popular vote. [Cases: Officers and Public Employees
(;:'.;::)70.7.J 2. A manufacturer's request to consumers for
the return of defective products for repair or replace
ment. [Cases: Insurance (;::::>2278(24); Products Liabil
ity~-:>144.J 3. Revocation ofa judgment for factual or
legal reasons. recall, vb.
recall election. See ELECTION (3).

recall exclusion. See sistership exclusion under EXCLU
SION (3).
recall ofmandate. The extraordinary action by an appel
late court ofwithdrawing the order it issued to the trial
court upon deciding an appeal, usu. after the deadline
has passed for the losing party to seek a rehearing. _
Because this action can interfere with trial-court pro
ceedings on remand, and also because it clouds the
waters that repose (the finality of a judgment) is meant
to clear, courts are reluctant to use the power. But they
will use it to correct clerical errors or to remedy a fraud
on the court during the appeal. It has also been used
when the original mandate would result in a grave
injustice. See MANDATE (1). [Cases: Appeal and Error
C::J 1218; Criminal Law (;:=> 1193; Federal Courts
956.1.]
recant (ri-kant), vb. (l6c) 1. To withdraw or renounce
(prior statements or testimony) formally or publicly
<the prosecution hoped the eyewitness wouldn't
recant her corroborating testimony on the stand>. 2.
To withdraw or renounce prior statements or testimony
formally or publicly <under grueling cross-examina
tion, the witness recanted>. recantation, n.
recapitalization, n. An adjustment or recasting of a
corporation's capital structure -that is, its stocks,
bonds, or other securities -through amendment of
the articles of incorporation or merger with a parent
or subsidiary. -An example of recapitalization is the
elimination of unpaid preferred dividends and the
creation of a new class of senior securities. Ct: REOR
GANIZA nON (2). [Cases: Corporations <:::::>575,576.]
recapitalize, vb.
leveraged recapitalization. Recapitalization whereby
the corporation substitutes debt for equity in the
capital structure, usu. to make the corporation less
attractive as a target for a hostile takeover. -Also
termed leveraging up.
recaption. (17c) 1. At common law, lawful seizure of
another's property for a second time to secure the per
formance of a duty; a second distress. See DISTRESS. 2.
Peaceful retaking, without legal process, of one's own
property that has been wrongfully taken.
recapture, n. 1. 'The act or an instance of retaking or
reacquiring; recovery. 2. The lawful taking by the gov
ernment of earnings or profits exceeding a specified
amount; esp., the government's recovery of a tax benefit
(such as a deduction or credit) by taxing income or
property that no longer qualifies for the benetlt. [Cases:
Internal Revenue c':::=3089, 3138, 353J.] 3. Int'llaw.
Th.e retaking of a prize or booty so that the property
is legally restored to its original owner. See POSTLIM
INIUM (2). -recapture, vb.
"Upon recapture from pirates, the property is to be restored
to the owner, on the allowance of a reasonable compento restore it." I James Kent, Commentaries on American
Law *1 07-08 (George Comstock ed., 11th ed. 1866).
recapture clause. 1. A contract provision that limits
prices or allows for the recovery of goods if market
conditions greatly differ from what the contract antic
ipated. 2. A commercial-lease provision that grants the
landlord both a percentage ofthe tenant's profits above
a fixed amount of rent and the right to terminate the
lease and thus recapture the property -if those
profits are too low.
recapture rule. Patents. The doctrine that a patentee
cannot regain, in a reissue patent, a claim that the
patentee previously abandoned in order to gain allow
ance of the patent application. _ The rule provides
a defense in an infringement action by allowing the
defendant to attack the validity ofa reissue patent. An
attempt to recapture a strategically abandoned claim
cannot meet the statutory requirement that the error be
made without deceptive intent. 35lJSCA  251. [Cases:
Patents (;:=> 141(6).J
recede, vb. (Of a house in a bicameral legislature) to
withdraw from an amendment in which the other
house has not concurred. See CONCUR (3). [Cases:
Statutes (;:=> 16, 23.]
"A vote to recede from amendments constitutes a final
passage of the bill without the amendments from which the
house has receded, since both houses have then agreed to
the bill in its form prior to amendment." National Confer
ence of State Legislatures, Mason's Manual of Legislative
Procedure  767, at 555 (2000).
receding market. See bear market under MARKET.
receipt, n. (14c) 1. The act of receiving something <my
receipt of the document was delayed by two days>. 2.
A written acknowledgment that something has been
received <keep the receipt for the gift>.
accountable receipt. A receipt in which a person admits
that goods or money were delivered to the person and
that the person is obliged to deliver all or part of the
goods or money to a third person.
interim receipt. The written acknowledgment of a
premium paid on an insurance policy that is pending
final approval. [Cases: Insurance C=) 1746.]
warehouse receipt. Sec WAREHOCSE RECEIPT.
3. (usu, pl.) Something received; INCOME <post the
daily receipts in the ledger>.
receipt, vb. (18c) 1. To acknowledge in writing the receipt
of(something, esp. money) <the bill must be receipted>.
2. To give a receipt for (something, esp. money) <the
bookkeeper receipted the payments>.
receipt clause. In a conveyancing document, a clause
that acts as a receipt for the consideration given. _
This clause typically appears to avoid the necessity of
a separate receipt.
sation to the retaker, in the nature of salvage; for it is a receiptor (ri-see-tdr). (1814) A person who receives from principle of the law of nations, that a capture by pirates a sheriff another's property seized in garnishment anddoes not, like a capture by an enemy in solemn war, change
the title, or devest the original owner of his right to the agrees to return the property upon demand or execu
property, and it does not require the doctrine of postliminy tion. [Cases: Execution (;:=> 150.]

receivable, adj. 1. Capable ofbeing admitted or accepted
<receivable evidence>. 2. Awaiting receipt ofpayment
<accounts receivable>. 3. Subject to a call for payment
<a note receivable>.
receivable, n. (14c) An amount owed, esp. by a business's
customer. See account receivable under ACCOUNT.
unrealized receivable. (1957) An amount earned but
not yet received. _ Unrealized receivables have no
income-tax basis for cash-basis taxpayers. [Cases:
Internal Revenue (;:;::'3931,3935.]
receiver. (18c) 1


Internal Revenue (;:;::'3931,3935.]
receiver. (18c) 1. A disinterested person appointed by
a court, or by a corporation or other person, for the
protection or collection of property that is the subject
ofdiverse claims (for example, because it belongs to a
bankrupt or is otherwise being litigated). Cf. LIQUIDA
TOR. [Cases: Corporations C=>552, 621(.5); Receivers
81.]
ancillary receiver. One who is appointed as a receiver
in a particular area to help a foreign receiver collect
the assets ofan insolvent corporation or other entity.
[Cases: Corporations C=>686.]
"An ancillary receiver of a corporation or unincorporated
association may be appointed (a) by a competent court
of a state in which there are assets of the corporation or
unincorporated association at the time of the commence
ment of the action for the appointment of such receiver,
or (b) in the case of a corporation, by a competent court
of the state of incorporation .... The purpose of such an
ancillary receivership is to aid the foreign primary receiver
ship in the collection and taking charge of assets of the
estate being administered." 66 Am. Jur. 2d Receivers  436,
at 239 (1973),
general receiver. See principal receiver.
judgment receiver. A receiver who collects or diverts
funds from a judgment debtor to the creditor. _ A
judgment receiver is usu. appointed when it is difficult
to enforce a judgment in any other manner. -Also
termed receiver in aid ofexecution. [Cases: Execution
(;:::::)404.]
local receiver. Conflict oflaws. A receiver appointed in
the state where property is located or where an act is
done. [Cases: Receivers C=>206.]
principal receiver. A receiver who is primarily respon
sible for the receivership estate . A principal receiver
may ordinarily (1) act outside the state ofappointment,
(2) sue in a foreign court, (3) exercise broad powers of
assignment, and (4) handle all distributions. -Also
termed primary receiver; general receiver; original
receiver. [Cases: Receivers (;:::J205-21O.]
receiver in aid ofexecution. See judgment receiver.
statutory receiver. A receiver whose appointment is
provided for in a statute.
2. Hist. An officer in the royal household who collected
revenues and disbursed them in a lump sum to the trea
surer, and who also acted as an attorney with the power
to appear in any court in England. -The monarch and
his or her consort each had a receiver, thus the full title
was King's Receiver or Queen's Receiver. receiver general. A public official in charge ofa govern
ment's receipts and treasury. PI. receivers general.
receiver's certificate. Bankruptcy. An instrument issued
by a receiver as evidence that the holder is entitled to
! receive payment from funds controlled by the bank
ruptcy court. [Cases: Bankruptcy (;:;'::'3025.1,3035.1.]
receivership. (I5c) 1. The state or condition ofbeing in
the control ofa receiver. [Cases: Corporations C::~'552,
621(.5); Receivers C=::, 1.] 2. 'The position or function of
being a receiver appointed by a court or under a statute.
3. A proceeding in which a court appoints a receiver.
ancillary receivership. A receivership in which a
further administrative proceeding is appointed
in another state to help the principal receivership,
[Cases: Corporations C=>'686; Receivers C=>206.]
dry receivership. A receivership in which there is no
equity available to pay general creditors. [Cases:
Receivers 163.]
receivership estate. The totality of the interests that the
receivers of an association in one or more states are
appointed to protect.
receiving, n. See RECEIVING STOLEN PROPERTY.
receiving order. See ORDER (2).
receiving state. See STATE.
receiving stolen property. (1847) The criminal offense
of acquiring or controlling property known to have
been stolen by another person. _ Some jurisdictions
require the additional element of wrongful intent. In
some jurisdictions it is a felony, but in others it is either
a felony or a misdemeanor depending on the value of
the property. See Model Penal Code  223.1, 223.6.
Sometimes shortened to receiving. -Also termed
receiving stolen goods. See FENCE (1). [Cases: Receiving
Stolen Goods C=> 1.]
recens insecutio (ree-senz in-sd-kyoo-shee-oh). [Latin
"fresh pursuit"] Hist. Pursuit of a thief immediately
after discovery of the theft. See FRESH PURSUIT.
receptator (ree-sep-tay-tor or -t;}r). [Latin fro receptare
"to harbor (a criminal or the proceeds of crime)"] Scots
law, 1. A harborer of a felon. 2. A receiver of stolen
property.
reception. (1931) The adoption in whole or in part ofthe
law ofone jurisdiction by another jurisdiction. -In the
legal idiom, it is most common to speak of the recep
tion ofRoman law.
"In many parts of Europe monarchs encouraged a'recep,
tion' of Roman law at the expense of medieval custom
ary systems. On the continent-in France, Holland, and
Germany-the results of the reception of Roman law have
tended to be permanent; the continental jurist in the twen
tieth century studies Roman law to grasp the jurisprudence
underlying modern codes. And in the British Isles, the law
of Scotland now contains so much borrowing from Roman
law that there, too the road to legal practice leads through
study of the corpus of Roman civil law compiled atJustini
an's direction. But a reception of Roman law never occurred
in England." Arthur R. Hogue, Origins o(the Common Law
242 (1966).

receptitious (ree-sep-tish-;lS), adj. Roman law. 1. (Of a
dowry) returnable by agreement to the donor upon the
dissolution of the marriage. 2. (Of property) retained
by the wife and not included in the dowry.
receptus (ri-sep-t<ls). [Latin "(a person) having been
received"] Civil law. An arbitrator.  The term takes
its name from the idea that the arbitrator is "received"
by the parties to settle their dispute.
recess (ree-ses), n. (17c) 1. A brief break in judicial pro
ceedings <the court granted a fifteen-minute recess so
the attorney and plaintiff could confer>. Cf. CONTINU
ANCE (3). [Cases: Criminal Law ~649; Federal Civil
Procedure ~19S1; Trial ~26.]2. Parliamentary law.
A motion that suspends but does not end a meeting,
and that usu. provides for resumption of the meeting
<the meeting had a IS-minute recess> . The motion
to recess, which merely suspends the meeting, differs
from the motion to adjourn, which ends the meeting.
Cf. ADJOURN. [Cases: United States 18.] 3. Parlia
mentary law. The interval between such a motion's
adoption and the meeting's reconvening <Congress
took a monthlong recess>. recess (ri-ses), vb.
recess appointment. See APPOINTMENT.
recession. (1929) A period characterized by a sharp
slowdown in economic activity, declining employment,
and a decrease in investment and consumer spending.
Cf. DEPRESSION.
recessus maris (ri-ses-as mair-as). [Latin] A going back
or retreat of the sea. See RELICTION.
recharacterization. A court's determination that an
insider's loan to an entity in liquidation (such as a cor
poration or partnership) should be treated as a capital
contribution, not as a loan, thereby entitling the insider
to only part of the liquidation proceeds payable after
all the business's debts have been discharged . Factors
influencing this determination include the amount of
capital initially available, the ability of the entity to
obtain loans from outside sources, how long the entity
has existed, the treatment of the loan in the entity's
business records, and past treatment of similar trans
actions made to that entity by an insider. [Cases: Cor
porations (;:='60.]
Recht (rekt). [German "right"] 1. Law generally. 2. A
body oflaw. 3. A right or claim.
Rechtsbesitz (rekts-be-zitz). See possession of a right
under POSSESSION.
Rechtsphilosophie (rekts-f<l-los-;)-fee). See ethical juris
prudence under JURISPRUDENCE.
recidivate (ri-sid-<l-vayt), vb. To return to a habit of
criminal behavior; to relapse into crime. [Cases: Sen
tencing and Punishment (;:::::> 1202.]
recidivation. Archaic. See RECIDIVISM.
recidivism (ri-sid-<l-viz-;)m), n. (1886) A tendency to
relapse into a habit ofcriminal activity or behavior.
Also termed (archaically) recidivation. -recidivous,
recidivist, adj. recidivist (ri-sid-;)-vist), n. (1880) One who has been
convicted of multiple criminal offenses, usu. similar in
nature; a repeat offender <proponents of prison reform
argue that prisons don't cure the recidivist>. -Also
termed habitual offender; habitual criminal; repeater;
career criminal; prior and persistent offender. [Cases:
Sentencing and Punishment (;:;:)1200.]
reciprocal (ri-sip-ra-k;)l), adj. (16c) 1. Directed by each
toward the other or others; MUTUAL <reciprocal trusts>.
2. BILATERAL <a reciprocal contract>. 3. Correspond
ing; equivalent <reciprocal discovery>.
reciprocal contract. See bilateral contract under
CONTRACT.
reciprocal dealing. A business arrangement in which
a buyer having greater economic power than a seller
agrees to buy something from the seller only if the seller
buys something in return. _ Reciprocal dealing usu.
violates antitrust laws. -Also termed reciprocal-deal
ing arrangement. Cf. TYING ARRANGEMENT.
reciprocal discovery. See reverse Jencks material under
JENCKS MATERIAL.
reciprocal exchange. An association whose members
exchange contracts and pay premiums through an
attorney-in-fact for the purpose ofinsuring themselves
and each other. _ A reciprocal exchange can consist of
individuals, partnerships, trustees, or corporations, but
the exchange itself is unincorporated. Also termed
interinsurance exchange; reciprocal insurance exchange;
reciprocal interinsurance exchange. See reCiprocal insur
ance under INSURANCE; EXCHANGE (5). [Cases: Insur
ance (;:;:, 1204.]
reciprocal insurance. See INSURANCE.
reciprocal insurance exchange. See RECIPROCAL
EXCHANGE.
reciprocal interinsurance exchange. See RECIPROCAL
EXCHANGE.
reciprocal negative easement. See EASEMENT.
reciprocal trade agreement. An agreement between two
countries providing for the exchange ofgoods between
them at lower tariffs and better terms than exist between
one ofthe countries and other countries.
reciprocal trust. See TRUST.
reciprocal will. See mutual will under WILL.
reciprocity (res-<l-pros-i-tee). (I8c) l. Mutual or bilateral
action <the Arthurs stopped receiving social invita
tions from friends because of their lack ofreciprocity>.
2. 1he mutual concession of advantages or privileges
for purposes of commercial or diplomatic relations
<Texas and Louisiana grant reciprocity to each other's
citizens in qualifying for in-state tuition rates>. -Also
termed mutuality ofbenefits; quid pro quo; eqUivalence
ofadvantages. [Cases: Colleges and Universities
9.20(2).] 3. Intellectual property. The recognition by
one country of a foreign national's intellectual-prop
erty rights only ifand only to the extent that the other
nation would recognize those same rights for the first
country's citizens . Reciprocity is the most restrictive

approach to international intellectual-property law indifference to the safety of others. [Cases: Automo
rights. Cf. NATIONAL TREATMENT; UNIVERSALITY. biles C:::>330.]
"It has become common when introducing new categories
of rights for them to be granted on the basis of reciprocity.
The advantages of reciprocity are twofold. First. reciprocity
benefits rights owners by providing incentives for non
conforming countries to change their laws. Secondly, it
saves users in one country (A) from paying royalties for
foreign authors from countries that do not pay royalties to
the authors of country A." lionel Bently & Brad Sherman,
Intellectual Property Law 101 (2001).
recision. See RESCISSION.
recission. See RESCISSION.
recital. (16c) 1. An account or description of some fact
or thing <the recital of the events leading up to the
accident>. 2. A preliminary statement in a contract or
deed explaining the reasons for entering into it or the
background of the transaction, or showing the exis
tence of particular facts <the recitals in the settlement
agreement should describe the underlying dispute>.
 Traditionally, each recital begins with the word
whereas. Also termed (in sense 2) whereas clause.
[Cases: Contracts 160; Deeds <>34,35,96.]
redte, vb.
'The parries may wish to begin the agreement with a
statement of their intentions. Often they do this through
reCitals, which were traditionally introduced by 'whereas,'
but can simply state the background without this formal
ity." Scott J. Burnham, Contract Drafting Guidebook  8.4,
at 158 (2d ed. 1992).
introductory recital. (usu. pl.) A recital explaining how
and why the