Ransom
Money paid to have a kidnapped person released.
Real
property
Immoveable property such as land or a building or an object
that, though at one time a chattel, has become permanently
affixed to
land or a building.
Real
Property Law
law dealing with "property" consisting of land,
buildings, crops, or other resources still attached to or
within the land
or improvements or fixtures permanently attached to the land
or a structure on it.
Redemption
Buying back. When a vendor later buys the property back.
A right of redemption gives the vendor the right to
buy back
the property.
In some jurisdictions where a mortgage transfers title to
the lender until the mortgage is paid off, the "buying
back" of
the property is known as redemption.
Relator
An informer; a person who has supplied the facts required
for a criminal prosecution or a civil suit. In criminal
prosecutions in some states, this would be indicated by
the use of the
expression
ex. rel. as in The State of California ex. rel. Robert
Smith v. George Doe.
Remainder
A right to future enjoyment or ownership of real property.
The "left-over" after
property has been conveyed first to another party. A
remainder interest is what if left-over after a life
estate has run its
course. Contrary to a reversion, a remainder does not
go to the grantor or his (or her) heirs.
REMO
Abbreviation for "reciprocal enforcement of maintenance
orders" and
the name of the international system of recognition,
registration and enforcement of child and spousal support
orders between countries
which have agreed, between themselves, to enforce
each other's maintenance orders. Originally created by England,
the international
REMO system now spreads over many countries. In the
USA, the system is known as UIFSA or URESA.
Rent
This is the consideration paid by a tenant to a landlord
in exchange for the exclusive use and enjoyment
of land, a building
or a part
of a building. Under normal circumstances, the rent
is paid in money and at regular intervals, such
as the first
of
every month.
The word has also come to be used as a verb as in
to "rent
an apartment", although the proper legal term
would be to "lease
an apartment."
Replevin
A legal action taken to reclaim goods which have
been distrained.
Res
gestae
Latin for "things done." A peculiar rule, used
mostly in criminal cases, which allows hearsay if the statement
is made
during the excitement of the litigated event.
For example, the words "stick 'em up!" used during
an armed robbery would be admissible in evidence under the
res gestae rule. So, too,
would spontaneous statements made by the defendant
during or right after the crime. Some laws even allow res
gestae statements to
be introduced in evidence in special kinds of
prosecutions. For example, in child sexual abuse cases, the
statement made by a
child to another person may be allowed as evidence
even though, technically, it offends the rule against hearsay.
This is to recognize
the trauma of having a child testify in open
court on the subject of her or his abuse. Res gestae evidence
usually requires a voir
dire hearing before it is admissible unless
the defense allows it to be put on the trial record unchallenged.
Res
ipsa loquitur
A word used in tort to refer to situations where
negligence is presumed on the defendant since
the object causing
injury was
in his or her control. This is a presumption
which can be rebutted by showing that the
event was
an inevitable accident
and had
nothing to do with the defendant's responsibility
of
control or supervision.
An example of res ipsa loquitur would be getting
hit by a rock which flies off a passing dump
truck. The
event
itself imputes
negligence (res ipsa loquitur) and can only
be defeated if
the defendant can show that the event was
a total and inevitable accident.
Res
judicata
Latin: A matter which has already been conclusively
decided by a court.
Rescind
To abrogate or cancel a contract putting
the parties in the same position they
would have
been in had
there been
no contract.
Rescission
can occur in one of two ways: either a
contract can be set aside (rescinded) because of
some defect in
its formation
(such as
misrepresentation, duress or undue influence)
or it can be set aside by agreement
by the parties, for example if they reach
a new agreement.
Respondent
The party that "responds to" a claim filed in court
against them by a plaintiff. The more
common term is defendant. The word is also used to refer
to the party who wins at the first
court level but who must then respond
to an appeal launched by the party that lost the case at
the first court level (upon appeal,
this latter person is called the appelant).
Restitutio
in integrum
Latin for restitution to the original
position. In contract law, upon breach
of contract,
the injured party may
ask the court to
reverse the contract and revert the
parties to their respective positions
before the
contract was accepted.
But if the
court finds that restitutio in integrum
is not possible because
of actions
or events occurring since the date
of acceptance, then the court may order
that damages be
paid instead.
Restitution
Under ancient English common law,
when a party enforced a court judgement
and
then
that judgement
was overturned
on
appeal,
the appellant could ask the appeal
court for "restitution",
or financial compensation placing
that appellant in the same position
as if the original legal decision
had not been enforced. A new strain
of common law has also developed
called "restitution",
closely associated with unjust enrichment,
whereby a person is deprived of
something of value belonging to
them, can ask a court
to order "restitution".
The best example is asking a court
to reverse or correct a payment
made in error.
Resulting
trust
A trust that is presumed by the
court from certain situations.
Similar to
a constructive
trust
but for resulting trusts,
the court presumes an intention
to create a trust; the law assumes
that the property is not held
by the
right person and that the possessor
is only
holding the property "in
trust" for
the rightful owner. In constructive
trusts, the courts don't even
bother with presuming an intention;
they simply impose a trust
from the facts.
Retainer
A contract between a lawyer and
his (or her) client, wherein
the lawyer
agrees
to represent
and provide
legal advice
to the client,
in exchange for money. The signed
retainer begins the client-lawyer
relationship
from which flow
many responsibilities
and duties,
primarily on the lawyer, including
to provide accurate legal advice,
to monitor
limitation
dates and to
not allow any
conflict of interest
with the relationship with the
client.
Reversion
A future interest left in a
transferror or his (or her)
heirs. A reservation
in a real
property
conveyance
that
the property
reverts back to the original
owner upon the occurence of
a certain
event. For
example, Jim gives Bob
a bulding using
the words "to
Bob for life". Upon the
death of Bob, the property
reverts back to Jim or to
Jim's heirs. Differs from
a remainder in that
a remainder takes effect by
an act of the parties involved.
A reversion takes effect by
operation of the law. Nor
is a reversion
a "left-over" as
is a remainder. Rather, it
reverts the entire property.
Right
of first refusal
A right given to a person
to be the first person allowed
to purchase
a
certain object
if it is
ever offered
for sale. The owner of
this right is the first
to be
offered the designated object
if it is ever
to be offered
for sale.
Riparian
rights
Special rights of people
who own land that runs
into a
river bank
(a "riparian owner" is
a person who owns land
that runs into a river).
While not an ownership
right, riparian rights
include
the right of access to,
and use of the water for
domestic purposes (bathing,
cleaning and navigating).
The extent of these rights
varies from country to
country and may include
the right to build
a wharf outwards to a
navigable depth or to
take emergency measures
to prevent flooding.
Rule
against perpetuities
A common law rule that
prevents suspending
the transfer
of property for more
then 21 years
or a lifetime
plus 21 years.
For example,
if a will proposes the
transfer of an estate
to some future
date, which
is
uncertain, for either
more than
21 years
after the death
of the testator or for
the life of a person
identified in the
will and
21
years, the
transfer is void.
Statute law
exists in many jurisdictions
which supersedes the
common law rule.
For more
information, see the
WWLIA article on the "Rule
Against Perpetuities."
RURESA
Revised Uniform Reciprocal
Enforcement of Support
Act
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