Real Property: Land, buildings, and other
improvements affixed to the land.
Reasonable Care: The degree of care that a prudent or careful person
would exercise under the same or similar circumstances.
Reasonable Doubt: An accused person is
entitled to acquittal if, in the minds of the jury, his or her guilt has not
been proved beyond a "reasonable doubt"; that state of minds of jurors
in which they cannot say they feel an abiding conviction as to the truth of the
charge.
Reasonable Man Doctrine or Reasonable Man Standard: The standard which a
person must adhere to in order to avoid civil liability for negligence is the
standard of the reasonable man under all of the circumstances, including the
foreseeability of harm to other persons, including the plaintiff.
Reasonable Person: A phrase used to denote
a hypothetical person who exercises qualities of attention, knowledge,
intelligence, and judgment that society requires of its members for the
protection of their own interest and the interests of others. Thus, the test of
negligence is based on either a failure to do something that a reasonable
person, guided by considerations that ordinarily regulate conduct, would do, or
on the doing of something that a reasonable and prudent (wise) person would not
do.
Rebut: Refute, defeat or take away the
effect of an argument or assumption in a legal proceeding.
Record: The official collection of all of
the material filed with a court in a legal proceeding.
Recovery: Generally, compensation or
restriction of a right obtained as a result of the formal judgment or decree
entered by a judge.
Recuse: The process by which a judge is
disqualified from hearing a case, on his or her own motion or upon the objection
of either party.
Recusal: A judge's withdrawal from hearing a lawsuit because of personal
interest or prejudice.
Re-Direct Examination: Opportunity to
present rebuttal evidence after one's evidence has been subjected to
cross-examination.
Redress: To set right; to remedy; to
compensate; to remove the causes of a grievance.
Referee: A person to whom the court refers
a pending case to take testimony, hear the parties, and report back to the
court. A referee is an officer with judicial powers who serves as an arm of the
court.
Rehearing: Another hearing of a civil or
criminal case by the same court in which the case was originally heard.
Rejoinder: Opportunity for the side that
opened the case to offer limited response to evidence presented during the
rebuttal by the opposing side.
Remand: To send a dispute back to the
court where it was originally heard. Usually it is an appellate court that
remands a case for proceedings in the trial court consistent with the appellate
court's ruling.
Remedy: Legal or judicial means by which a
right or privilege is enforced or the violation of a right or privilege is
prevented, redressed, or compensated.
Remedies: Relief that the plaintiff receives from the defendant in a
lawsuit. Often this will include monetary damages or equitable relief (i.e.
injunctions).
Remittitur: The reduction by a judge of
the damages awarded by a jury.
Removal: The transfer of a state case to
federal court for trial; in civil cases, because the parties are from different
states; in criminal and some civil cases, because there is a significant
possibility that there could not be a fair trial in state court.
Replevin: An action for the recovery of a
possession that has been wrongfully taken.
Reply: The response by a party to charges
raised in a pleading by the other party.
Respondent: The person against whom an
appeal is taken. See petitioner.
Rest: A party is said to rest or rest its
case when it has presented all the evidence it intends to offer.
Restitution: Act of giving the equivalent
for any loss, damage or injury.
Retainer: Act of the client in employing
the attorney or counsel, and also denotes the fee which the client pays when he
or she retains the attorney to act for them.
Return: A report to a judge by police on
the implementation of an arrest or search warrant. Also, a report to a judge in
reply to a subpoena, civil or criminal.
Reverse: An action of a higher court in
setting aside or revoking a lower court decision.
Reversal: The setting aside of a lower court's decision by an appellate
court.
Reversible Error: A procedural error
during a trial or hearing sufficiently harmful to justify reversing the judgment
of a lower court.
Revocable Trust: A trust that the grantor
may change or revoke.
Revoke: To cancel or nullify a legal
document.
Robbery: Felonious taking of another's
property, from his or her person or immediate presence and against his or her
will, by means of force or fear. It differs from larceny.
Rules of Evidence: Standards governing
whether evidence in a civil or criminal case is admissible.
Ruling: Broadly, a determination made by a judge.