- Q -
Quash To vacate or void a
summons, subpoena, etc.
Quasi-contract An
obligation created by the law in the absence of an agreement or
contract; not based upon the intentions or expressions of the
parties.
Quasi-criminal action A
classification of actions such as violation of a city ordinance
that is not also violation of a criminal statute, which are wrongs
against the public punishable through fines but are not usually
indictable offenses.
Quiet title action A court
proceeding to remove a cloud on the title to real property.
Quitclaim deed A deed
without warranty of title which passes whatever title the grantor
has to another.
- R -
Real property Land,
buildings, and whatever is attached or affixed to the land.
Generally synonymous with the words "real estate."
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 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 Evidence disproving
other evidence previously given or reestablishing the credibility
of challenged evidence. (See rejoinder.)
Recognizance An obligation
entered into before a court whereby the recognizor acknowledges
that he will do a specific act required by law.
Record All the documents
and evidence plus transcripts of oral proceedings in a case.
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.
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.
Registered mark Trademark
with the words "Registered in the U.S. Patent and Trademark
Office" or the letter "R" enclosed within a circle.
Rejoinder Opportunity for
the side that opened the case to offer limited response to
evidence presented during the rebuttal by the opposing side. (See
rebut.)
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.
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.
Replacement volumes Volumes
which replace books and their pocket parts when the pocket parts
cause the books to become too bulky.
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.
Reporters Books which
contain court decisions.
Request for admission Also,
Request to Admit. Written statements of facts concerning a case
which are submitted to an adverse party and which that party must
admit or deny; a discovery device.
Request for production of
documents - A direction or command served upon another party
for production of specified documents for review with respect to a
suit; a discovery devise.
Request to admit See,
Request for Admission.
Rescission The unmaking or
undoing of a contract; repeal.
Research A careful hunting
for facts or truth about a subject; inquiry; investigation.
Resolution The formal
adoption of a motion.
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.
Restatement A publication
which tells what the law is in a particular field, as compiled
from statutes and decisions.
Restitution Act of
restoring anything to its rightful owner; the act of restoring
someone to an economic position he enjoyed before he suffered a
loss.
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.
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.
Right of way The right of
a party to pass over the land of another.
Robinson-Patman Act An
amendment to the Clayton Act which deals with price
discrimination.
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.
(See larceny.)
Rules Established
standards, guides, or regulations set up by authority.
Rules of evidence Standards
governing whether evidence in a civil or criminal case is
admissible.
