Glossary Terms R - T

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.
Search Warrant: A written order issued by a judge or magistrate that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Secured Debt: In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Self-Defense: Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-Incrimination, Privilege Against: The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as taking the Fifth.

Self-Proving Will: A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence: The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.

Sentence Report: A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a presentence report.

Sequester: To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of Witnesses: Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called separation of witnesses. This prevents a witness from being influenced by the testimony of a prior witness.

Service: The delivery of a legal document, such as a complaint, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of the applicable laws.

Settlement: An agreement between the parties disposing of a lawsuit.

Settlor: The person who sets up a trust. Also called the grantor.

Several Liability: Liability separate and distinct from the liability of another which is sufficient to support a lawsuit without reference to anyone else's liability.

Severance of Actions: Judicial proceeding separating the claims of multiple parties and permitting separate actions on each one or some combination of them.

Service of Process: Providing a formal notice to the defendant that orders him to appear in court to answer plaintiff’s allegations.

Show Cause Order: Judicial direction to appear in court and present reasons why the court should not take a proposed action.

Sidebar: A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander: False and defamatory spoken words tending to harm another's reputation, business, or means of livelihood. Slander is spoken defamation; libel is published.

Small Claims Court : A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Social Host Liability: The liability of a person (the "social host") who furnishes free alcoholic beverages to another (the "guest"), when the guest subsequently sustains injuries or causes injury to a third person because of his intoxication.

Sovereign Immunity: The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent.

Special Jurisdiction: Power of a court to deal with only a limited type of case.

Specific Loss: In a workers' compensation case, this is the compensation payable for loss (amputation) or permanent loss of use of members of the body, complete loss of hearing in one or both ears, loss of vision in one or both eyes, and disfigurement.

Specific Performance: A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Spendthrift Trust: A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs.

Spoliation: Generally, the destruction of evidence.

Stack or Stacking: In Alabama automobile insurance law, purchasers of insurance have the option to "stack" uninsured and underinsured motorist coverage. If you choose "stacking," this means that you can add the coverage together for each vehicle you have insured, at least under the policy. (You can also "stack" coverages under separate policies of insurance.) For example, if you have two vehicles, with $50,000/$100,000 (meaning $50,000 available per person, and $100,000 available per accident) in uninsured or underinsured motorist coverage, you can "stack" the coverages and have available $100,000/$200,000 in coverage.

Standard of Care: In the law of negligence, the degree of care which a reasonable, prudent or careful person should exercise under the same or similar circumstances. If the standard falls below that established by law for the protection of others against unreasonable risk of harm, the person may be liable for damages resulting from such conduct.

Standard of Proof or Burden of Proof: Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

Standing: The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Stare Decisis: Policy of the courts to not overturn precedents; adherence to precedents.

Status Offenders: Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have committed no crime), but rather are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court.

Statute: Generally, a law created by a legislature.

Statute of Limitations: The time prescribed by statute in which a plaintiff can bring a lawsuit.

Statutory Construction: Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory Law: Law enacted by the legislative branch of government, as distinguished from case law or common law.

Stay: Court-ordered suspension of a judicial proceeding.

Strict Construction: Judicial interpretation of the law whereby the judge adheres to the literal meaning of the words. Compare with liberal construction which expands the literal meaning of the statute to meet cases that are clearly within the spirit or reason of the law.

Strict Liability: Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence. Often applied to manufacturers or sellers of defective products in products liability cases.

Stipulation: An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g., to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Strike: Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.

Sua Sponte: A Latin phrase which means on one's own behalf. Voluntary, without prompting or suggestion.

Subject Matter Jurisdiction: The court's power to deal with the general subject matter involved in a case. For example, a bankruptcy court judge has no subject matter jurisdiction to hear a divorce case.

Subornation of Perjury: Procuring someone to make a false statement under oath.

Subpoena: Command to appear at a certain place and time to give testimony on a matter.

Subpoena Duces Tecum: Command to produce some document or paper.

Subrogation: Substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have a right of subrogation to sue anyone whom the person it compensated had a right to sue.

Substantive law . The body of law that creates, defines and regulates right. Compare with procedural law which prescribes the manner to enforce rights or obtaining redress for invasion of rights.

Sue: The act of bringing a lawsuit.

Suit or Lawsuit: Generally, a court action brought by one person, the plaintiff, against another, the defendant , seeking compensation for some injury or enforcement of a right.

Summary Judgment: A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Summons: Formal document beginning a civil action or special proceeding which is a means to gain jurisdiction over a party. Also, a document directed to a sheriff or other authorized person ordering him to serve the person named on the summons who must appear at a certain place and time to respond to the action.

Supplier of Goods: In products liability law, all parties in the chain of supply of a product for profit, including manufacturers, sellers, and dealers.

Supplemental Agreement: In a workers' compensation case, this is the form signed by the injured employee when there has been a change in disability status.

Support Trust: A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress: To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.

Surety Bond: A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond.

Survival Action: A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

Survival Statutes: Statutory law that provides for a legal action to continue after the death of a person involved in the action.

Survivorship: Another name for joint tenancy.

Sustain: A court ruling upholding an objection or a motion.

Temporary Relief: Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order: A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Technical Errors: Errors committed during a trial that have not prejudiced the losing party's rights and therefore are not grounds for reversal on appeal.

Testamentary Capacity: The legal ability to make a will.

Testamentary Trust: A trust set up by a will.

Testator: Person who makes a will (female: testatrix).

Testimony: Evidence delivered by a witness at trial either orally at trial or in the written form of an affidavit or deposition.

Third Party: A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

Third Party Benefit:. In insurance law, third party benefits refer to the amount of available coverage that the at-fault party has in bodily injury and property damage.

Third Party Lawsuit: In workers' compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the "third party," and the injured worker may file a lawsuit against that party. An example of a third party lawsuit in workplace injury would be a products liability suit against the manufacturer of a defective tool.

Third Party litigation: When a lawsuit is brought against a defendant and that defendant wants to add another party to the suit, the original defendant may file a “third party complaint” which results in a third party litigation or lawsuit.

Third-Party Claim: An action by the defendant that brings a third party into a lawsuit.

Title: Legal ownership of property, usually real property or automobiles.

Tort: In civil law, generally, a wrong or injury committed against a person or property. A tort does not include breach of contract.

Tort-Feasor: One who commits a tort.

Tortious: Having the quality of a tort; the wrongdoer.

Total Disability: In a workers' compensation case, this is the compensation paid when an injured employee is totally impaired due to a work-related injury. Benefits at the total disability rate are generally two-thirds of wages up to a maximum compensation rate

Transcript: Official written copy of proceedings in a case, including hearings, depositions, and trial. Usually made by a court reporter.

Traumatic Brain Injury: An insult to the brain caused by an external physical force that may produce a diminished or altered state of consciousness that results in an impairment of cognitive abilities or physical functioning and/or a disturbance of behavioral or emotional functioning.

Trespasser: In civil law, a person who enters land without invitation, permission or privilege.

Trial: The judicial examination and determination of issues between the parties to an action.

Trial Calendar: List maintained by the clerk of court or the trial judge of cases awaiting trial, which includes trial dates, names of attorneys representing parties, and other such information.

Trial Court: The first court to hear the case, as opposed to an appellate court which hears appeals of decisions made in trial courts.

Trust: A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration: The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee: The person or institution that manages the property put in trust.

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