RANSOM MONEY money asked in exchange for release of a prisoner orkidnapped person. From latin ” raptus ” = theft / ” summa ” = total. In figurative sense, is the total amount of money paid to get the freedom of the kidnapped person.
RASURE OF A LEGAL DOCUMENT conduct consisting in a removal(deleting or scraping ) of letters or words from a legal document , scratching the document’s surface. From latin ” rasum ” = cancelled (to erase = to cancel ).
RATABLE PROPERTY in the law of property, is indicating an estate able tobe appraised, assessed and compared with an estate of the same category. From latin ” ratus sum ” = valued, extimated.
RATE OF INTEREST is the percentage of principal loaned amount ofmoney loaned which is charged by a lender for the use of the money. From latin ” ratus sum ” = valued, extimated.
RATIFICATION OF A DOCUMENT approval , confirmation , validation ofa document made by private or public body. From latin ” ratus ” = lasting, stable , sure / ” facere ” = to do. Therefore by means of ratification, a document which a validity was formerly doubtful, now is validated or confirmed by competent authority.
RATIO OF LAW term indicating the reasons, principles and purposes aimedbefore the passing of a law. From latin ” ratio ” = ground , reason.
REAFFIRMATION AGREEMENT settlement between a debtor inbankruptcy and his creditors , reached usually before that the bankruptcy court in which the debtor agrees to pay his debts without care to his possibility to discharge them in the bankruptcy . From latin ” re ” = again / ” ad ” = by / ” firmari ” = to make firm, to establish. In figurative sense, by means of thiskind of agreement, the debtor is avoiding the bankruptcy because has trust in the re-establishment of businesses of his firm.
REAL ESTATE term indicating a land or real property . From latin “ res ” =thing,item, good / ” statio ” = not movableness.
REAL COVENANT term indicating an agreement concerning a land. Fromlatin ” res ” = thing, good, item / ” cum ” = with / ” venire ” = to come. In fugurative sense, the will of a party comes together (with) the will of another party, to reach an agreement.
REALIZE to convert property into currency. The term usually is indicating the proceeds of one’s work or transaction. From latin ” res ” = thing, good, item / ” iussus ” = ordered.
REALTY term indicatin a real estate or property. From latin “ res ” = thing,good, item.
REAPPORTION new distribution of the members of legislative body , ascongress in u.s.a due to a population change in a legislative district. From latin ” re ” = again / ” ad ” = by / “portio ” = share.
REASONABLE DOUBT ( BEYOND A R.D. ) one of main importantprerogative or ground of a conviction sentence, that is imposing to a jury to declare guilty a defendant only in case of surety of his criminal conduct and clear reliability of evidences against him . From latin “ratio” = reason, ground / ” habilis ” = to be able to . Therefore, a doubt able to be supported by a reason or ground.
REBATE OF PAYMENT term indicating the refund of a sum of money paidby a taxpayer, in case this amount of money exceeded the due amount. From latin ” re ” = again / “battuere ” = to beat , to knock. In figurative sense, the debtor is knocking to the door of taxpay office to get the restitution of the paid tax.
REBELLION (CRIME OF R.) crime involving an armed attack orinsurrection . From latin “re” = against / ” bellum ” = war. Therefore , against the established government.
RECANT A STATEMENT to withdraw a previous statement (eg : thedeclarations stated in a will ). From latin ” re ” = again / ” cantare ” = to tell singing.
RECAPTURE CLAUSE in contract law is a clause allowing a change in thepayment term when is occurring a change in some circumstance which is unfair to one party. From latin ” re ” = again / ” captivus ” = captured. In figurative sense, the damaged party is recapturing the contract’s conditions in his favour.
RECEIPT written paper in which there is an acknowledgement by a party totake possession of an item purchased. From latin ” recipere ” = to retain, to receive .
RECEIVABLE DEBT debt declared payable because , as example , occurredthe expiry date for the payment. Therefore, the creditor has the right to claim the fulfilment of this obligation . From latin ” recipere ” = to retain , to receive / ” habilis ” = able to be / ” debitum ” = given.
RECEIVER ( TAX R. ) term indicating an officer , appointed by thegovernment , to whom is need to pay the taxes . From latin ” recipere ” = to retain , to receive .
RECESS term indicating the break during the conduct of an hearing or trial,or the interruption in the regular conduct of business for rest of a party. From latin ” retro” = back / ” caedere ” = to go . In figurative sense, to go reversely to the decision formerly taken.
RECIDIVISM term indicating the conduct consisting in a re-committing ofthe same crime formerly perpetrated , as result of an habitual criminal conduct. From latin ” recidere ” = to fall again. In figurative sense, the first offender is fallen in the wrong conduct ,and the second time he fallen again in the same wrong conduct.
RECIPROCAL PROMISE promise given by one party of a contract inexchange for a promise by the other . From latin ” reciprocare ” = to send both forwards and backwards . Therefore the performance has made by a party and made again by counterparty.
RECIPROCAL WILLS kind of will in which two testators are naming eachother as beneficiary, usually for a purpose of mutuality of treatment. From latin ” reciprocare ” = to send both forwards and backwards. In fact, the goods or estate of a testator has been given to the person named, and this last person gives ( by means of will ) his goods or estate to the first testator, mutually.
RECITAL term indicating the introductory words, in a legal deed, precedingan allegation or a formal claim, usually regarding the reason of the document. From latin ” re ” = again / ” caeter ” = remainder. In fact, the recital is repeating the remainder part of document.
RECLAMATION RIGHT term indicating the right to claim the repossessionof a chattel or property, formerly and mistakenly given to another person. From latin ” re ” = again / ” clamare ” = to call.
RECOGNIZANCE ( PERSONAL R. ) record signed by a temporaryreleased defendant and containing a promises of his reappearance before the court at specified time, and usually under payment of a bail. From latin ” re ” = again / ” cognoscere ” = to know. In figurative sense, the defendant is promising to the court to appear in a further hearing to permit the acknowledgement of his case.
RECOLLECTION term indicating the act of remembering an event,commonly used to indicate a present testimony given in so accurate way to reflect almost perfectly the fact occurred. From latin ” re ” = again / ” collectus ” = picked up. Therefore, in figurative sense, some events or detailare picked up to be shown to the court.
RECOMMENDATION BY A TESTATOR term indicating an instruction orguidelines given by the testator to the will executor , aimed to do some act or legal action. In a wide meaning is an issue of favourable report about a person. From latin ” re ” = again / ” cum ” = with / ” mandare ” = to send . In figurative sense, to send a message (in favour of someone ) with the testamentary document.
RECONCILIATION ( FAMILY R. ) term used in the law of domesticrelationship and indicating the restoration of a former normal marital relationship between husband and wife, formerly broken, as a refresh of marital status. From latin ” re ” = again / “conciliare ” = to bring together.
RECONSTRUCTION OF PATENT term used in patent law to indicate theinfringement of a patent by rebuilding or assembling of functional parts or elements. From latin “re” = again / ” construere ” = to build.
RECORD term indicating any writing or papers aimed to memorize , to storein a document a transaction or proceedings of a public body (eg : an arrest record written by police, the act of recording a public document in the public registry is named recordation , the public officer that supervises the recordation of a public documents is named recorder) . From latin ” re ” = again / ” cordis ” = of the mind. In figurative sense, to bring something again in the mind.
RECOURSE RIGHT right of the holder of a negotiable instrument to claimthe payment by a person acting by means of surety or other person ancillary liable, after the default of payment by the prime debtor. From latin ” re ” = again / ” cursus ” = direction , trafila. In fact, in case of default of prime , of early debtor , the creditor has to follow again the same legal rigmarole with the guarantor or person that is vouching for the early debtor.
RECOVERY ( TO R. ) to get the payment of a debt or restoration ofproperty . From latin “re” = again / ” cupa ” = barrel. In old roman empire, a lot of goods or item was keept inside a wooden barrel, therefore “recuperare” is meaning to put an item again inside the barrel.
RECRIMINATION term indicating an accusation responding to anotheraccusation, as a charge given by retaliation . Eg : injurious word said each against other. From latin “re” = reciprocal, mutual / ” criminari ” to accuse.
RECTIFICATION OF DOCUMENT correction of an error o mistakepresent in a document. From latin ” rectus ” = ruled / ” factum ” = made / ” doceo ” = to teach.
RECUSATION the process by which a judge , under motion actioned by aparty , is not allowed to decide the case because conflict of interest or others reasons of opportunity. From latin ” re ” = again, reciprocally / ” accusare ” = to blame , to accuse. Therefore,in case of recusation in a trial , the court is accusing the defendant, and this one is accusing the court to be impartial.
REDEMPTION discharge of pledge by means of payment of a required sum,as for example happens in the recovery of property right after satisfaction of obligation or debt. Eg: full payment of sum loaned by bank, is clearing the mortage over an house and redeeming the right of property on the house. From latin ” re ” = again / ” emptus ” = purchased. Therefore, an item not more in possession of former owner, has been repurchased.
REDUNDANCY IN A LEGAL DOCUMENT term indicating thesuperfluous repetition of word or concept irrilevant in a legal document ( concepts that has been repeated without need or proper purpose ). From latin ” redundantia ” = overabundance , overloading.
REFERENCE OF A CASE term indicating a submission of a case or matter ,aimed to get a disposition about it , issued by a court . From latin ” referre ” = to attribute (a case to the court ).
REFORMATION ( R. OF ORDERS, OF SENTENCE, OF DOCUMENTS ) term indicating a process of amendment or correction of adocument containing error or mistake in a disposition. Also, in italian criminal procedure code, is forbidden to the appeal court to reformate the sentence issued by a lower court with another aggravated ( ban of reformation in pejus ). From latin ” re ” = again / ” forma ” = shape, kind.
REFUGEE STATUS status of a person who, because persecution , has beenforced to run away from his country and usually is claiming the political asylum ” re ” = again / “fugire” = run away ( ” refugius ” = shelter, hideaway).
REFUND OF PAYMENT return of a share or all of a payment, as forexample the refund of money for overpaid taxes (order issued by taxing authority). From latin ” re ” = again / ” fundare ” = to establish , to consolidate. In figurative sense, to re-establish the situation formerly existing.
REGIME system of rules and principles leading the governmental andparliamentary activity in a Country. From latin ” rex ” = king / ” mens ” = mind, think. In figurative sense, a regime is that the king is thinking, is willing and transforming in rules.
REGION territorial administrative area. From latin “ regis ” = of the king /”onus ” = task, duty. In figurative sense a region is a share of national territory under the administration of the king ( representing the State ). Also from latin “regionis ” = of a border. Here , in figurative sense is indicating a border sharing the different areas of a State.
REGISTRY term indicating a book, paper or other kind of written record ,reciting a public fact as for example births , marriages , wills , patents . From latin ” regis ” = of the king / ” tractus ” = carried , brought . In figurative sense, by means of registry document, this one known only by a private person , is brought to acknowledgement of public authority ( represented by the king ).
REGISTRAR officer having the task to keep of public records. From latin “ regis ” = of the king / “ traere ” = to bring. In figurative sense, the officerbrings a news of public interest from his acknowledgement to the acknowledgement of the king ( the public authority ).
REGISTRATION term indicating the act of compiling a list officiallypublically recognized or an act of entering or inscripting data or other kinds of information in a public register. From latin ” regis ” = of the king / ” traere ” = to bring. Therefore, a private information is brought to the acknowledgement of the king (the State ).
REGRESSIVE TAX tax in which the rate of taxation is decreasing inverselywith the level of income . Eg : for an yearly income of 40000 euro, the rate is 30%, for an income of 50000 the rate is 20 %. From latin ” retro ” = back / ” gressus ” = pace, way to go.
REGULATION ( POWER OF R. ) term indicating the power, enforcing apublic body ,to fix precise standard of conduct . Also is indicating a rule having the force of law. From latin ” regula ” = rule.
REHABILITATION OF INSOLVENT DEBTOR , OF WITNESS, OF CRIMINAL restoring something or situation to a former state, usuallyindicating a return to a position of good reputation. Eg: to restore the reliability of a debtor to a former state or to him former financial stability . From latin ” re ” = again / ” habilis ” = to be able to / ” in ” = not / ” solvere” = to untie , to dissolve ( a contract).
REIMBURSEMENT RIGHT term indicating the right of guarantor, of aperson vouching for another, to have the payback of the money paid to satisfy the obligation of the principal debtor. From latin ” re ” = back / ” bursa ” = bag (therefore the money formerly paid, comes back in the bag)
REJECTION OF A ( R. OF A RECOURSE , R. OF AN APPEAL ) refusalto accept a recourse or appeal, denying its allowance. From latin ” re ” = back / ” jactare ” = to throw.
RELATED CLAIMS claims originating from the same set of facts orcircumstances , although based upon different principles of law. Eg: claim for personal injury due to car accident , are related to the material damage to the car. From latin ” re ” = back / ” latus ” = brought ( a fact brought back to the original matter of litigation ).
RELATION BACK term indicating an application or act taken with aretroactive effect, therefore deemed an act done , completed or delivered at an earlier date than actual date. Eg: a law enforced in the date of 1.1.2014 , in relation back , is affecting also the conduct against it perpetrated in the month of december 2013. From latin ” re ” = back / ” latus ” = brought ( therefore, the enforceability of a law is brought back in time as regards to the pass of the law.
RELATOR term having two meanings. First : informer or teller of a criminalconduct made by the defendant (in modern italian called ” relatore “) . Second : person having a sufficient standing to enable a State to bring a legal action in his name . Eg : North Dakota State ( ex relator A.Johnson ) vs J. Roberts . From latin ” re ” = again / ” latus ” = brought . In figurative sense , to bring again to the acknowledgement of the court , an information already brought to the acknowledgement of police office.
RELEASE ( TO R.) to discharge from an obligation , to relieve of a burden ,to set free from restraint or servitude , to give up a claim or demand in exchange for a benefit. From latin ” re ” = again / ” laxare ” = to loosen. In figurative sense, to loosen the chains limiting the freedom of the debtor.
RELEVANCE ( R. OF A TESTIMONY , R. OF AN EVIDENCE ) term indicating the admission made by a court ,concerning a testimony or evidence , because able to prove or disprove a fact at issue or a circumstance. From latin ” re ” = again / ” levare ” = to lift. In the figurative sense, to lift a proof from the floor to show it to the court.
RELICTION IN THE BOUNDARY LINE modification or change in theboundary line between two parcels of land washed by the same body of water. From latin “relictus ” = left over, remained, abandoned ( after a flood ).
RELIEF order issued by judge or court granting a legal remedy aimed toremove a burden or oppression . From latin ” retro ” = back / ” levare ” = to lift (in figuative sense, a legal remedy is claimed with the aim to lift a burden or to give a relief from a legal problem that the claimant is bringing over his back .
RELINQUISH ( R. OF PROPERTY, R. OF CITIZENSHIP ) to give aproperty , to renounce to own’s former citizenship made by an emigrant. From latin ” relictus ” = renounced, abandoned.
REM IN TRUST asset or property held in trust. From latin “ rem ” = item,
REMAINDER CASE case or legal action left over, left behind because thecourt’s roll is too busy. From latin ” remanere ” = to left behind.
REMAND ( ACT OF R. ) act by means of an appeal court send back a caseto the trial court for a new hearing of a new trial, or also the act by means of an administrative court returns an administrative matter to an agency for a further review, re-examination and therefore re-determination . From latin “retro ” = back, behind / “mandare ” = to send.
REMEDY ( LEGAL R. ) act ordered by a court or administrative agency toenforce a right or correct a wrong or obtain a relief from a wrong or grievance and therefore aimed to secure or recover a right . From latin ” re ” = again / ” mederi ” = to heal. In figurative sense, to heal a legal problem.
REMISE OF PROPERTY term used in deed to indicate a purpose to giveup, to relinquish a property right. From latin ” re ” = back / ” missus ” = sent. Therefore, to send back the right of property formerly owned, therefore to refuse the enjoyment of a right.
REMISSION release from a forfeiture or penalty , discharge from anobligation (by creditor statement ) . From latin ” re ” = back / ” missus ” = sent (therefore refused ).
REMITTANCE term indicating three different meanings. First :payment ofan obligation. Second : remittance of a case to a lower court aimed to get a better examination or reconsideration of a former judgement . Third : anulment of a penalty or fine . From latin ” re ” = former / ” mittere ” = to send. In figurative , after the payment, the creditor is sending the debtor in the legal position formerly held.
REMITTITUR OF RECORD order issued by an appeal court whichremands to the trial court a record or proceedings . The order obliges the trial court to follow the superior court instruction given. From latin ” re ” = former / ” mittere ” = to send (therefore to send to a lower court for a better examination.
REMOTE CAUSE in the law of evidence is a cause which , viewed by a sightpoint of normal experience, is not able or is improbable to cause the event examined in the matter. From latin ” retro ” = back, before / ” motus ” = moved away. In figurative sense, a cause happened to far in a former time period, that has been moved from the memory.
REMOVAL OF AN ACTION moving an action from one court to another(eg: from a state court to a federal court when the case is involving a claim under a constitutional disposition ) From latin ” re ” = again / ” movere ” = to move
REMOVAL FROM OFFICE dismissal , displacement or resignation of apublic officer from his office. From latin ” re ” = again / ” movere ” = to move / ” officium ” = task, duty.
RENDITION OF VERDICT verdict issued by a court after to reach theagreement upon a decision and therefore this verdict has been reported and furtherly announced in open court hearing . From latin ” retro ” = back / ” dare ” = to deliver. In figurative sense, after the verdict issued, the court giveback the matter to the party ( also for an possible appeal ).
RENEWAL OF A RIGHT restoration of a right, starting again of a right orlien formerly lost (eg: to renew a judgement , to renew an objection at trial ). From latin ” re ” = again / ” novus ” = new, just made.
RENUNCIATION OF A RIGHT action direct to waive a legal right, torepudiate a will, giving up of right in favour of transaction . From latin ” retro” = back / ” nuntiare ” = to tell. In figurative sense, to go back , to go in a situation former as regards to tha attainment of the right.
REORGANIZATION OF A COMPANY in bankruptcy law, is the activityaimed to restructure the material or financial situation of an enterprise. From latin ” re ” = again / ” organum ” = instrument, tool, system / ” actionem ” = operation made, action done. (Company : from latin ” cum ” = with / ” panis ” = bread. In old roman empire the simply fact to divide the lunch ordinner moment with another person, was symbolically meanings a joining of common interest and target to reach ).
REPARATION ACT act involving an amendment of damage suffered, doneby a money or property compensation, for an injury or wrong. This act is aimed to restore the victim personal or material position. From latin ” re ” = again / ” paratus” = attrezzato .
REPATRATION ORDER order issued by court or public authority, aimedto send back a foreign citizen. Also is the order aimed to send back an object of historical importance in the State of origin. From latin ” retro ” = back / ” patria ” = nation
REPEAL ORDER avoidance or revocation of an order or licence formerlyissued, as for example the repeal of trade licence. From latin ” retro ” = back / ” pellere ” = to push with strenght.
REPLENISHMENT OF A RIGHT redressing a person with a rightformerly lost. From latin ” re ” = again / ” plenum ” = full . Here , in figurative sense, the bag of the right got empty , begins filled up. There fore to fill up again the originary fullness of a legal situation formerly got empty.
REPLEVIN WRIT order issued by a court to an officer , aimed to recoverand seize a property or goods illegally held . From latin ” retro ” = back / ” pluvia ” = rain. In old roman empire, the home had at the center , a courtyardwith a swimming pool aimed to collect the rain’s water . This swimming pool was called ” impluvium ” (“in” = inside / ” pluvia ” = rain) . Therefore , a replevin order, in figurative sense, is order aimed to full again the swimming pool ( representing the property ) by means of rain’s water (representing the flow of money ).
REPLICATION PLEADING term indicating a pleading produced andinterposed by the plaintiff , responding to the defendant’s answer, as a replication to the defendant defending statement. From latin ” re “= again / ” plicatus ” = wrapped. In figurative sense, is a document wrapped again in afile (legal document), as responding to the defendant.
REPLY PLEADING term indicating the response given by the plaintiff tothe allegation produced by the defendant. From latin ” re “= again / ” plicatus ” = wrapped. In figurative sense, is a document wrapped again in afile (legal document), as responding to the defendant.
REPORT term having two different meanings. First, the delivery of ajudgement and consequential decision , from a law court to an administrative agency. Second : formal statement made by a person having a duty to write in a paperform what is the outcome of his examination or activity (eg : police report ). From latin ” retro ” = back / ” portare ” = to bring. Therefore , to bring a thing from a place to another place where was formerly.
REPOSE ( STATUTE OF R. ) statute imposing a time limit to bring anaction to the court , regardless the date injury or offence. From latin ” re ” = again / ” pausare ” = to stop to do an activity. Therefore, the statute is advocating the necessity for the defendant to stop is processual activities for a not too long period.
REPOSSESSION ORDER order issued by a court , usually aimed toauthorize a land owner to take again the possession of his property in case the holder is defaulter in payment of rental fee. From latin ” retro ” = again / ” possidere ” = to hold.
REPRESENTATION term indicating the substitution for a person or theactivity in the place of another person, usually assuming the responsibility for another’s affairs. Eg: the lawyers represents his client. From latin ” re ” = again / ” presentia ” = staying in a place.
REPRESENTATION ( FALSE R. ) in the law of torts is a statement whichis known by the maker as false and inducing a detriment for the other party ( eg: false representation of a property parcel in a cadastral map or registry ). From latin ” re ” = again / ” presentia ” = staying in a place.
REPRIEVE OF PUNISHMENT term indicating the act to allow a convictedperson to be allowed to a delay of the sentence serving , therefore putting off the execution of the sentence. From latin ” re ” = again / ” privare ” = to do someone or something free from a charge, burden or duty.
REPRIMAND OF AN ATTORNEY formal censure issued by a disciplinarycommittee for a violation of a disciplinary rule of article of code of conduct. From latin ” retro ” = back / ” premere ” = to push . Therefore, in figurative sense, the disciplinary board of committee, is pushing back , as a reproach, a uncorrect behaviour perpetrated by an attorney.
REPUBLIC political system of State government in which, formally, the lastauthority to decide the fate of a country is handled by the people represented by the legislature. From latin ” res ” = thing / ” publicus ” = belonging to all the people.
REPUDIATION OF AN OBLIGATION in the law of contracts, is therefusal to perform an obligation agreed in a contract . This anticipatory refusal is claimed before the time in which the performance will be due. From latin ” retro ” = back / from old greek “ podi ” = foot. In figurative sense, to kicksomeone by foot towards back , to move him away , because his had a wrongful conduct.
REPUGNANT STATEMENT term indicating the statement , the provisionsor law that are in contradictory situation each other, because for example a law disposition is contradicting another law disposition . From latin ” retro ” = back / ” pugnare ” = to fight, pushing with the aim to send far ( in modern italian, the word ” pugno ” , is meaning ” punch ” ) .
REQUEST FOR PRODUCTION formal asking made by one party toanother, to produce specified document aimed to permit an inspection of a venue. From latin “re“= again / ” quaestio ” = ask , question.
REQUIREMENTS CONTRACT agreement under which one party ispromising to deliver all the goods required by the other party for a fixed price and for a fixed period of time. Conversely, the other party agrees with him to purchase these goods, exclusively from this party. From latin “re“= again / ” quaerere ” = to ask , to try to know
REQUISITION OF COMMODITIES order issued by a military authority,involving a supply of goods and item of first necessity , required to civilians. From latin ” re ” again / “quesitus ” = asked.
RESCIND ( TO R. ) A CONTRACT to terminate a contract , to make acontract null and void , to stop the contract validity . From latin ” re ” = retro / ” scindere ” = to separate. In figurative sense , the rescissor is separating the tie , the link between himself and the other contract party, coming back before the contract stipulation .
RESCISSION OF CONTRACT act avoiding or anulling a contract or apromise legally bounding . This act can be made also by the agreement between the parties and has the effect to make a contract null and void, since is inception time. From latin ” retro ” = back / ” scissus ” = divided. Therefore, in figurative sense, a contractual relationship before stipulated, now becomes divided.
RESCRIPT ORDER written order issued by a judge of an appeal court , anddirected to give instructions to a lower court, explaining the grounds of its decision and opinion about the case. From latin ” re ” = again / ” scriptus ” = written
RESCUE ( TO R. ) to free from arrest or imprisonment . From latin “ re ” =again / “excussum” = shaked, chased away . In figurative sense, chased away from a problematic or dangerous situation.
RESCUE DOCTRINE doctrine advocating the lack of contributorynegligence of a rescuer, as matter of law (is only available as matter of morality) . From latin ” re ” = again / “excussum” = shaked, chased away . In figurative sense, chased away from a problematic or dangerous situation.
RESERVATION ( STATEMENT OF R. ) provision present in a deed underwhich the grantor keeps for himself some right or interest that, at the moment of deed stipulation , did not exist, but will exist in a second moment. Eg : a grantor is conveying the ownership title over a land but is making a reservation for himself or his heirs of a easement right over this land, therefore there is an implicit exclusion of the grantee from this right . From latin ” retro ” = behind / “servare ” = to keep. In figurative sense, to keep a right behind his back and use this, in the future, at the proper moment.
RESERVATION OF A COURT act of a court, in withholding on applicationor motion , until a later time, as a delay of decision because a better examination of the application. From latin ” retro ” = behind / ” servare ” = to keep. In figurative sense, to keep a decision behind his back and use this, at the proper moment, only after a better and deeper examination.
RES FUNGIBLES things or kind of object of such a nature that one can bereplaced by another of an essential similarity, therefore not involving any controversy. From latin “res” = thing / ” fungere ” = to perform. Therefore, a thing able to do the same performance of another thing.
RESIDENCE OF A COMPANY the place in which a company has it mainoffice. From latin ” retro ” = back / ” assidere ” = to sit down, to sit down near to.
RESIDUARY BEQUEST in the testamentary law, is a bequest of that part ofan estate which is left over after the payment of debts , various expenses and legacy made. The condition used for this aim, is called residuary clause. From latin ” retro ” = behind / “sedere” = to stay stopped. Therefore, this amount of money, left over, left behind , now has an utility.
RESOLUTION as a legal term, is the formal expression of the will or opinionof a legilative on a specific matter , as the steps before the law promulgation . From latin “re” = again / ” solvere ” = to untie ( to solve a problem).
RESPONDENT the party required to respond to the petition filed before thecourt. From latin ” re ” = again / ” spondere ” = to commit oneself to doing something, to vouch for. Therefore, to commit oneself to answer to the questions made by the court.
RESPONSIBLE legally accountable , liable for , answerable for, able todischarge an obligation . From latin ” re ” = again / ” spondere ” = to commit oneself to doing something, to vouch for / ” habilis ” = to be able to.
RESPONSIBILITY the state of being liable for a debt , judgement,accounting , due to make a restitution for a injury, the capacity to know a right or wrong conduct. From latin ” re ” = again / ” spondere ” = to commit oneself to doing something, to vouch for / ” habilis ” = to be able to.
RESPONSIVE PLEADING pleading responding on the merit (opposite to apleading about a procedural hindrance ). From latin ” re ” = again / ” spondere ” = to commit oneself to do something, to vouch for / “habilis” =to be able to / ” placere ” = to make a proposal.
RESTITUTION ACT legal act aimed to return an items to the rightful owneror to restore a situation or position unlawfully compromised. From latin ” retro ” = back, former / “tuitio ” = defence, custody. In figurative sense, togive back something to the person that formerly was having the custody of this thing.
RESTORATION OF DOCUMENT renewal of a document, formerly lost,replacing it with a new one. The term becomes from latin ” re ” = again / ” instaurare ” = to repair . But also from “ res ” = thing / “ taurus ” = bull. Infigurative sense, the bull is symbol of strenght and vigorousness or stability. In fact, to restore a damaged or lost document , is figuratively meaning to renew the document increasing his strenght, his validity.
RESTORATION OF A PARTY TO THE STATUS QUO ANTE legalsitutation imposed by means of court order, which restore the plaintiff in the position held before the unlawful lost of his formerly situation or before entering into the contract. The term becomes from latin ” re ” = again / ” instaurare ” = to repair . But also from “ res ” = thing / “ taurus ” = bull. Infigurative sense, the bull is symbol of strenght and vigorousness or stability. In fact, to restore a damaged or lost document , is figuratively meaning to renew the document increasing his strenght, his validity. The latin words “quo ante” = that was before.
RESTRAINT ORDER order issued by a court with the aim to forbide(usually temporarely)to the respondent to committ some wrongful act or harassing conduct until the court will arrive to a decision upon this matter (eg: restraint order to an husband , aimed to impede harassements his wife untile the disposition about the children custody ). From latin ” re ” = again / ” stringere ” = to bind, to put limitations.
RESTRICTION OF PROPERTY RIGHT limitation to the property right orcontrol upon its use imposed by a court. Usually is regarding a limitation (sometime agreed by the parties ) to the enjoyment of land’s parcel . This kind of limitation imposed by a clause, is called restrictive clause. From latin ” re ” = again / ” stringere ” = to bind, to put limitations.
RESULTING OF LEGAL SUIT term indicating the final decision , theconclusive judgement (not appellate ), therefore the outcome of the entire procedural activity. From latin “retro ” = back, before / ” saltare ” = to jump. In figurative sense, a decision issued by the court is jumping back towards the plaintiff and the defendant (to allow them an acknowldegement of decision and un probable appeal of decison to the superior court).
RETAINED FOR THE LEGAL SERVICE term regarding the sum ofmoney retained by a lawyer as consideration for his service . Usually is present terms as retaining lien or attorney’s lien, to indicate the right of a lawyer to hold and keep all the papers or other kind of client’s good , until he will pay the due fee to the lawyer for his performance. From latin ” re ” = again / ” tenere ” = to keep. Therefore, to keep the documents until the client will pay the fee.
RETALIATORY EVICTION action moved by a land lord, aimed to removea land tenant , because moved a complaint or took an action against the landlord. From latin ” re ” = again / ” talio ” = old kind of punishment consisting by means of perpetration , against the offender, of the same offence suffered by victim.
RETALIATORY STATUTE law enforced in a State and imposing to thecitizens of a foreign State some burdens or other kind of restrictions as has been imposed to own’s citizens in this foreign State. Eg: Italy imposes penalty for Poland citizens trading in Italy who has not trade licence, and as retaliation, Poland imposes penalty for italian citizens. From latin ” re ” = again, to repeat / ” talio ” = old kind of punishment consisting in the conduct made by the victim or his parents that makes the same offence (undergone by victim ) against the offender / ” ars ” = activity.
RETRACTION OF AN OFFER in the law of contracts is negation orwithdrawal of an offer, formerly proposed, before the offer has been accepted by the offeree. From latin ” re ” = back / ” trahere ” = to bring, to carry
RETRAXIT OF A CLAIM voluntary dismissal or withdrawal of a claim bythe plaintiff , because probably will bring a loss of the claim. From latin ” retro ” = back / “ traxi ” = i pulled.
RETREAT ( DUTY TO R. ) in the U.S.A military penal code is indicating theconduct made by a soldier aimed to withdraw, to retire oneself from danger or risk. From latin ” retro ” = back / “trahere ” = to pull.
RETRIBUTIVE PRINCIPLE principle advocated in the criminal law , toindicate the function of the punishment , as a retaliation for an outlaw conduct. From latin ” retro “= back / “tribuere” = to give. In figurative sense, to give to the people, offended by the criminal conduct, the proper compensation, by mean of offender punishment.
RETROACTIVE LAW term indicating a present law that is affecting notonly the present and future conduct or right but also created or existing in the past, therefore before the promulgation of this law. Is also called ” retrospective law “. From latin ” retro ” = back / ” actio ” = operation / ” spectare ” = to look ( in modern italian language , the word “specchio ” ismeaning mirror ).
RETURN STATEMENT formal statement of income , relating the generalsituation of taxpayer about allowance or deduction eventually required. From latin ” retro ” = back / ” tornare ” = to turn / ” status ” = situation
RETURN OF SERVICE proof of service, proof of notice of summon orsubpoena. From latin ” retro ” = back / ” tornare ” = to turn.
REVENUE return on investment , gross or total proceeds from an incomesource. From latin ” re ” = back / ” venire ” = to come . In figurative sense, the money invested comes back in the home of payers.
REVIEW OF RECORD judicial reexamination of statute legality or itsaccordance to the constitutional provisions, judicial new examination of the record of a trial or proceeding before a lower court or agency. From latin ” re ” = again / ” videre ” = to see, to look / “re” = again / ” cordis ” = of the mind, of the soul. In figurative sense, to see again a document and keep it minded.
REVISED STATUTE set of outstanding statutes or judgement after areapparaisal , after a new examination aimed to eliminate the errors or superfluous words or rules. From latin ” re ” = again / ” visus ” = sight. Therefore, a new and deeper sight and examination of the statute.
REVIVAL OF RIGHT restoration of a right or condition which have beeninapplicable or dormant . Eg: a contract reso unforceable by a former law limitational ” re ” = again / ” vivere ” = to live.
REVOCATION OF A CONTRACT annulment or avoidance of an offer oroftenly of a contract effects , applied by lawyer. From latin ” retro ” = back / ” vocare ” = to call.
REVOLT rise up against a government , riot again the established power.From latin “re” = again / ” voltus ” = to turn. In figurative sense , to turn again the political system established.
RIPARIAN RIGHT right to use the water streaming in a river, for a lawfuland reasonable purpose (eg: source of energy ). From latin ” ripae ” = the banks of a rivers.
ROGATORY LETTER formal request issued by a court in one jurisdiction toa court in another jurisdiction ( usually foreign ) to do a processual activity that must be made by a judge belonging to asking court. Eg: an italian appeal court asks to appeal to a canadian appeal court to can examine a witness involved in crime made in Italy. From latin ” rogare ” = to ask, to make question.
ROYALTY RIGHT compensation due to the owner of a property for the use of his property ( eg : oil well ) or his trademark. From example, a retailer have to pay the royalty to the owner of a chain of supermarke having a famous trademark. From old french ” role’ “= law. ( in the figurative sense, the royal family has the duty to make laws, as decision making power ).
RULE standard or guidelines for action or conduct , usually given by a law orother kind of authoritative provision. Eg : a sentence can give a rule about a conduct to do or undo. From latin ” regula ” = law.
RULING DECISION any official decision , determination or interpreatationgiven by a court to an issue of law. From latin ” regula ” = law / DECISION
(more possible ethimological derivation ). First, from latin ” decessum ” = ended. In figurative sense, a decision is the end, the final step of a trial. Second, from latin from ” de ” = by / ” cessus” = result, outcome. In figurative sense, the decision is the output of a process, represented by judge’s statement. Third , from latin ” de ” = from / ” cesus ” = cut , something that has been cut or solved. In fact, in figurative sense, a decision is something that has been cut from the trial, and now is the output coming from a former problem or matter .