Glossary: Rr through Zz

- R -
REGISTER OF ACTIONS:

The official permanent record of all civil cases. This ledger has a separate page for each case on which the clerk notes all documents filed with or issued by the court.

REINSTATED BAIL:

Bail which has been forfeited, exonerated, or reduced and which is now re-established in it's original amount.

RELEASE:

The waiving of a right, claim or privilege, the relinquishment concession by the person in whom a right, claim or privilege exists or to who it accrues, to the person against whom it might have been released.

REMAND:

The legal term for returning the accused to custody to await further action.

REMITTITUR OF RECORD:

The transfer of the records of a case from a court of appeals to the original trial court for further action or other disposition as ordered by the appellate court.

REQUEST FOR ADMISSION:

A method of discovery in which one party formally and in writing asks the opposing party to admit the truth or certain facts relevant to a case.

RES:

The thing.

RESET:

To calendar or set again.

RES JUDICATA:

A matter of thing previously settled by judgment of a court.

RESCIND:

To abrogate, annul, void or cancel a contract or writing.

RESPONDENT:

The party against whom the appeal is taken.

RESTITUTION:

The act of restoring or giving something back to it's original owner (see Writ).

RESTRAINING ORDER:

(Also temporary restraining order or T.R.O.) An order which directs a defendant to stop doing something until a formal hearing is held to determine whether an injunction will be issued.

REVENUE:

Income.

REVERSED:

The annulling or making void a judgment due to some error in law or irregularity in the proceedings.

REVOCATION:

The act of revoking or canceling something, e.g. revocation of probation wherein probation is canceled and a term must be served or a fine paid.

REVOKE:

To annul or make void by recalling or taking back; cancel, repeal, reverse.

- S -
SUBPOENA DUCES TECUM:

A subpoena which, in addition to compelling the appearance of a witness, commands that specific documents be produced at the time of appearance.

SUBROGATE:

To substitute one person in place of another with reference to a lawful claim.

SUBSCRIPTION:

The act of writing one's name under a written instrument; the affixing one's signature to a document, whether for the purpose of authenticating or attesting it, of adopting it's terms as one's own expressions, or of binding one's self by an engagement which it contains.

SUBMITTED:

Usually used where the judge has heard the evidence, but has submitted the case for his decision at a later date. Also termed as under advisement (usually to research some legal questions).

SUMMARY JUDGMENT:

A court order directing a bondsman or defendant to pay the full monetary amount of bail when the original bond or document put up in lieu of money is no longer valid.

SUMMONS:

A notice to a defendant that an action has been filed and that a judgment will be entered should the defendant fail to answer the complaint within the statutory time limit.

SUPPLEMENTARY PROCEEDINGS:

Proceeding supplementary to an execution, directed to the discovery of the debtor's property and it's application to the debt for which the execution is issued.

SUPPRESS:

To stop or put an end to someone's activities. To suppress evidence is to withhold it from disclosure or publication.

SURETY BOND:

An insurance policy taken out by the defendant with a national insurance company in which the company agrees to pay to the county the amount of bail required for the defendant's release should the defendant fail to make court appearances.

SUSPEND:

To postpone, stay or withhold certain conditions for a temporary period of time.

- T -
TELETYPE:

A method of electronic communication where the receiving terminal automatically types out the message as it is received.

TENANCY (JOINT):

Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The grand incident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor.

TRUSTEE:

The person who has custody of or control over the funds or other items held in trust.

TRUST FUND:

Money, stocks, bonds or securities held by or under the control of someone for the use and benefit of another. Also money collected by the court (as cash bail) and placed in the County Trust Fund until adjudication of case or order from the court.

- U -
UNDERTAKING:

A promise or security in any form; may be one sided. A promise made in the course of legal proceedings to obtain some concession from the court.

UNLAWFUL DETAINER:

A person detains or continues to hold some real property when it is no longer rightful. An unlawful detainer is also the title of a summary civil action in which a landlord seeks to evict a tenant who the landlord claims is no longer entitled to live on the premises.

URINE TEST:

Chemical analysis of a urine specimen to determine it's alcohol content or the presence of some other drug.

- V -
VENIRE:

Latin, meaning "to come", to appear before the court. More commonly used to describe the whole group of people called for jury duty from which the jurors are selected.

VENUE:

the geographical place or county over which a court has jurisdiction.

VERBATIM:

Word for word; in the same words.

VERDICT:

The final decision of guilt or innocence made by a jury. Verdicts must be unanimous in criminal cases. Some states allow non-unanimous verdicts in civil cases. A general verdict is one given in a civil case in which the jury finds in favor of the plaintiff or in favor of the defendant. A special verdict, in a civil case, is given by the judge after considering the law as it applies to the case and after the jury states it's conclusions on specific factual issues. Directed verdict is a verdict ordered by the judge as a matter of law when he rules that the party with the burden of proof has failed to make out a prima facie case.

VERIFICATION:

An oral or written statement that something is true, usually sworn to under oath.

VICARIOUS:

Delegated; acting on behalf of or as representing another; substituted for another.

VICE VERSA:

Reversing the order; conversely.

VIOLATION:

A breach of a right, duty or law.

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