Ransom
Money paid to have a kidnapped person released.
Rape
Sex with a woman, other than a wife, without her consent. But many
states have changed this basic definition to include sex with a
minor (with or without consent; also known as statutory rape), sex
with a man without his consent, or exempting men who force their
wives to have sex.
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.
Rebuttable presumption
Usually, every element of a case must be proven to a judge or a
jury. The exception is a "presumption", which means that
if certain other facts are proven, then another fact can be taken
for granted by the judge (or jury). For example, in some states,
an adult caught having intercourse with a minor is presumed as having
known that the minor was under-age. Most presumptions are "rebuttable",
which means that the person against whom the presumption applies
may present evidence to the contrary, which then has the effect
of nullifying the presumption. This then deprives the person that
tried to use the presumption with the advantage of the "free"
evidence and makes him present evidence to support the fact which
might have been proven by the presumption.
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.
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.
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.
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."
