Legal Glossary Fort Lauderdale
C D E
X Y Z
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
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
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.
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
Request to admit - See, Request for
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.)
Reporters - Books which contain court
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
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
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.
Sheldon J. Schlesinger, P.A. represents clients throughout
the state of Florida including the cities of Boca Raton, Boynton
Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie,
Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood,
Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm
Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach
Broward County • Miami-Dade County • Palm Beach