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real money See MONEY.

real party in interest See PARTY (2).

real party in interest A person entitled under the substantive law to enforce the right sued upon and who generally, but not necessarily, benefits from the action final outcome. Also termed party in interest; (archaically) interessee. Cf. nominal party. [T]he real party in interest is the party who, by the substantive law, possesses the right sought to be enforced, and not necessarily the person who will ultimately benefit from the recovery. The concept of real party in interest should not be confused with the concept of standing. The standing question arises in the realm of public law, when governmental action is attacked on the ground that it violates private rights or some constitutional principle Unfortunately, confusion between standing on the one hand and real party in interest or capacity on the other has been increasing. Charles Alan Wright, The Law of Federal Courts § 70, at 490 & n.2 (5th ed. 1994).

real property Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Real property can be either corporeal (soil and buildings) or incorporeal (easements). Also termed realty; real estate. Cf. personal property (1). "Historically. the line between real and personal property stems from the types of assets administered on death respectively, in the king s and in the church s courts. The king s courts, concerned with the preservation of the feudal structure, dealt with fees Simple, fees tail and life estates, Estates for years, gradually evolving out of contracts made by feudally unimportant persons, clearly became interests in land but never fully attained the historical dignity of being real property. The early economic unimportance of money, goods and things other than land permitted the church courts to take over the handling of all such assets on the death of the owner. When the development of trade and of capitalism caused assets of these types to assume great, and sometimes paramount, importance we found ourselves with the two important categories of property, namely real and personal property, each with its set of rules evolved from a different matrix. The pressure of modern society has been strongly for assimilation and the resultant elimination of this line, but this movement is far from complete attainment of its goal." 1 Richard R. Powell, Powell on Real Property § 5.04, at 5-7 to 5-8 (Patrick j. Rohan ed., rev, ed. 1998).

real property See PROPERTY.

real rate See INTEREST RATE.

real rate An interest rate that has been adjusted for inflation over time.

real right See RIGHT.

real right 1. Civil law. A right that is connected with a thing rather than a person. Real rights include ownership, use, habitation, usufruct, predial servitude, pledge, and real mortgage. The term real rights Uura in re) is an abstraction unknown to classical Roman law. The classical jurists were preoccupied with the availability of remedies rather than the existence of substantive rights, and did not have a generic term to include all rights which civilian scholars of following generations classified as real. The expression (real rights) was first coined by medieval writers elaborating on the Digest in an effort to explain ancient procedural forms of action in terms of substantive rights." A.N. Yiannopoulos, Real Rights in Louisiana and Comparative Law, 23 La. L. Rev. 161, 163 (1963). 2. JUS IN RE. 3. See right in rem.

real security The security of mortgages or other liens or encumbrances upon land. See COLLATERAL (2).

real security See SECURITY.

real servitude See servitude appurtenant.

real servitude See servitude appurtenant under SERVITUDE (2).

real statute See STATUTE.

real statute A law primarily affecting the operation, status, and condition of property, and addressing persons only incidentally.

real subrogation The substitution of one thing for another.

real subrogation See SUBROGATION.

real suretyship A suretyship in which specified property can be taken, but the surety is not answerable in damages.

real suretyship See SURETYSHIP.

real things Property that is fixed and immovable, such as lands and buildings; real property. Also termed things real. See real property under PROPERTY. Cf. chattel real under CHATTEL.

real treaty See TREATY (1).

real wages See WAGE.

real warrandice See WARRANDICE.

real wrong See WRONG.

real-estate agent An agent who represents a buyer or seller (or both, with proper disclosures) in the sale or lease of real property . A real-estate agent can be either a broker (whose principal is a buyer or seller) or a salesperson (whose principal is a broker). Cf. REALTOR.

real-estate agent See AGENT (2).

real-estate broker See BROKER.

real-estate broker A broker who negotiates contracts of sale and other agreements (such as mortgages or leases) between buyers and sellers of real property . Real-estate brokers must be licensed in the states where they conduct business.

real-estate investment trust A company that invests in and manages a portfolio of real estate, with the majority of the trust s income distributed to its shareholders. Such a trust may qualify for special income-tax treatment if it distributes 95% of its income to its shareholders. Abbr. REIT. See investment company under COMPANY. Cf. REAL-ESTATE MORTGAGE TRUST.

real-estate mortgage trust A real-estate investment trust that buys and sells the mortgages on real property rather than the real property itself. Abbr. REMT. Cf. REAL-ESTATE INVESTMENT TRUST.

real-estate syndicate A group of investors who pool their money to buy and sell real property. Most realestate syndicates operate as limited partnerships or real-estate investment trusts.

realignment (ree-a-lin-mant), n. The process by which a court, usu. in determining diversity jurisdiction, identifies and rearranges the parties as plaintiffs and defendants according to their ultimate interests. realign, vb.

realization 1. Conversion of noncash assets into cash assets. 2. Tax. An event or transaction, such as the sale or exchange of property, that substantially changes a taxpayer s economic position so that income tax may be imposed or a tax allowance granted. Cf. RECOGNITION (4). - realize, vb.

realized gain See GAIN (3).

realized loss See LOSS (2).

real-party-in-interest rule The principle that the person entitled by law to enforce a substantive right should be the one under whose name the action is prosecuted. Fed. R. Civ. P. 17(a).

realtor (reel-tar). 1. (cap.) Servicemark. A real-estate agent who is a member of the National Association of Realtors. 2. Loosely, any real¬estate agent or broker.

realty Land and anything growing on, attached to, or erected on it, that cannot be removed without injury to the land. - Also termed real property.

realty trust See nominee trust (2) under TRUST.

reapportionment Realignment of a legislative district s boundaries to reflect changes in population and ensure proportionate representation by elected officials. See u.s. Const. art. I, § 2, cl. 3. - Also termed redistricting. Cf. GERRYMANDERING. reapportion, vb.

reargument The presentation of additional arguments, which often suggest that a controlling legal principle has been overlooked, to a court (usu. an appellate court) that has already heard initial arguments. Cf. REHEARING. - reargue, vb.

rearrest A warrantless arrest of a person who has escaped from custody, violated parole or probation, or failed to appear in court as ordered.

rearrest See ARREST.

reason to know Information from which a person of ordinary intelligence - or of the superior intelligence that the person may have - would infer that the fact in question exists or that there is a substantial enough chance of its existence that, if the person exercises reasonable care, the person can assume the fact exists.

reasonable 1. Fair, proper, or moderate under the circumstances <reasonable pay>. 2. According to reason <your argument is reasonable but not convincing>. It is extremely difficult to state what lawyers mean when they speak of reasonableness. In part the expression refers to ordinary ideas of natural law or natural justice. in part to logical thought. working upon the basiS of the rules of law." John Salmond. Jurisprudence 183 n.(u) (Glanville L. Williams ed., 10th ed. 1947). In one sense the word [reasonable) describes the proper use of the reasoning power, and in another it is no more than a word of assessment. Reasoning does not help much in fixing a reasonable or fair price or a reasonable or moderate length of time, or in estimating the size of a doubt. Lawyers say a reasonable doubt, meaning a sub-stantial one; the Court of Appeal has frowned upon the description of a reasonable doubt as one for which reasons could be given." Patrick Devlin, The Judge 134 (1979). 3. (Of a person) having the faculty of reason <a reasonable person would have looked both ways before crossing the street>. 4. Archaic. Human <criminal homicide is traditionally called the unlawful killing of a "reasonable person">. - reasonableness, n.

reasonable accommodation See ACCOMMODATION.

reasonable accommodation An adaptation, adjustment, or allowance made for a disabled person's needs or an employee's religious beliefs or practices without imposing an undue hardship on the party taking the action. Under the Americans with Disabilities Act, an employer must make reasonable accommodations for an employee'S disability. Examples of reasonable accommodations that have been approved by the courts include providing additional unpaid leave, modifying the employee's work schedule, and reassigning the employee to a more appropriate, vacant position. See undue hardship under HARDSHIP.

reasonable care As a test of liability for negligence, the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances. Also termed due care; ordinary care; adequate care; proper care. See REASONABLE PERSON.

reasonable care See CARE.

reasonable cause See PROBABLE CAUSE (1).

reasonable deviation A deviation that is justified by circumstances. If a deviation is reasonable, the carrier does not lose its usual limitations and exemptions under the Carriage of Goods by Sea Act.

reasonable deviation See DEVIATION.

reasonable diligence 1. A fair degree of diligence expected from someone of ordinary prudence under circumstances like those at issue. 2. See due diligence (1).

reasonable diligence See DILIGENCE.

reasonable doubt The doubt that prevents one from being firmly convinced of a defendant s guilt, or the belief that there is a real possibility that a defendant is not guilty. Beyond a reasonable doubt is the standard used by a jury to determine whether a criminal defendant is guilty. See Model Penal Code § 1.12. In deciding whether guilt has been proved beyond a reasonable doubt, the jury must begin with the presumption that the defendant is innocent. Also termed rational doubt. See BURDEN OF PERSUASIOK. Cf. clear and convincing evidence under EVIDENCE; PREPONDERANCE OF THE EVIDENcE. Reasonable doubt is a term often used. probably pretty well understood, but not easily defined. It is not a mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which. after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction. to a moral certainty, of the truth of the charge." Commonwealth v. Webster, 59 Mass. (5 Cush.) 295, 320 (1850) (per Lemuel Shaw,J.). The gravamen of lord Goddard s objection to the formula of reasonable doubt seems to have been the muddle occasionally created by an impromptu effort to explain to a jury the meaning of this phrase. A simple solution would be to refrain from explaining it, relying on the common sense of the jury. As Barton J. said in an Australian case, one embarks on a dangerous sea if he attempts to define with precision a term which is in ordinary use with reference to this subject-matter, and which is usually stated to a jury without embellishment as a well understood expression. However, some modes of embellishment seem to be unobjectionable. There is probably no harm in telling the jury.

reasonable excuse See PROBABLE CAUSE.

reasonable force See FORCE.

reasonable force Force that is not excessive and that is appropriate for protecting oneself or one's property. The use of reasonable force will not render a person criminally or tortiously liable. Also termed legal force. "One does not use jeweller's scales to measure reasonable force." Reed v. Wastie, [1972] Crim. L.R. 221 (per Lane, J.) (as quoted in Glanville Williams, Textbook of Criminal Law 451 (1978)).

reasonable grounds See PROBABLE CAUSE (1).

reasonable man See REASONABLE PERSON.

reasonable medical probability In proving the cause of an injury, a standard requiring a showing that the injury was more likely than not caused by a particular stimulus, based on the general consensus of recognized medical thought. Also termed reasonable medical certainty.

reasonable notice See NOTICE.

reasonable person 1. A hypothetical person used as a legal standard, esp. to determine whether someone acted with negligence; specif., a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others interests. The reasonable person acts senSibly, does things without serious delay, and takes proper but not excessive precautions. See Restatement (Second) of Torts § 283(b). Also termed reasonable mall; prudent person; ordinarily prudent person; reasonably prudent person; highly prudent person, See reasonable care under CARE. The reasonable man connotes a person whose notions and standards of behaviour and responsibility correspond with those generally obtained among ordinary people in our society at the present time, who seldom allows his emotions to overbear his reason and whose habits are moderate and whose disposition is equable. He is not necessarily the same as the average man a term which implies an amalgamation of counter-balancing extremes." R. F.V. Heuston, Salmond on the Law of Torts 56 (17th ed. 1977). 2. Archaic. A human being. "In the antique phraseology which has been repeated since the time of lord Coke the actus reus of murder (and therefore of any criminal homicide) was declared to be unlawfully killing a reasonable person who is in being and under 1381 the King s peace, the death following within a year and a day. In this sentence the word reasonable does not mean sane but human. In criminal law, a lunatic is a persona for all purposes of protection, even when not so treated for the assessment of liability." j.W. Cecil Turner, Kenny s Outlines ofCr;minal Law 102 (16th ed. 1952).

reasonable provocation See adequate provocation under PROVOCATION.

reasonable provocation See adequate provocation.

reasonable royalty See ROYALTY (1).

reasonable royalty A royalty that a licensee would be willing to pay the holder of the things intellectualproperty rights while still making a reasonable profit from its use. The reasonable-royalty standard often serves as the measure ofdamages in a claim of patent, copyright, or trademark infringement, or for misappropriation of trade secrets. In deciding what royalty is reasonable in a trade-secrets suit, courts consider the unique circumstances of the case, as well as (1) how the use affected the parties ability to compete; (2) the cost of past licenses; (3) the cost to develop the secret and its present value; (4) how the defendant intends to use the information; and (5) the availability of alternatives. 2. Oil & gas. A share of the product or profit from real property, reserved by the grantor of a mineral lease, in exchange for the lessees right to mine or drill on the land. - Also termed (in sense 2) override.

reasonable skill The skill ordinarily possessed and used by persons engaged in a particular business.

reasonable skill See SKILL.

reasonable support 1. See SUPPORT (1). 2. See SUPPORT (2).

reasonable suspicion See SUSPICION.

reasonable suspicion A particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity. A police officer must have a reasonable suspicion to stop a person in a public place. See STOP AND FRISK. Cf. PROBABLE CAUSE.

reasonable time 1. Contracts. The time needed to do what a contract requires to be done, based on subjective circumstances. If the contracting parties do not fix a time for performance, the law will usu. presume a reasonable time. 2. Commerciallaw. The time during which the DCC permits a party to accept an offer, inspect goods, substitute conforming goods for rejected goods, and the like.

reasonable use See USE (1).

reasonable-apprehension test A judicial analysiS to decide whether there is a justiciable controversy between a patentee and an alleged infringer. The test has two elements: (1) the patent owner must make an explicit threat or take other action that makes another person reasonably believe that an infringement suit is likely, and (2) the other person must be engaged in an activity that could constitute infringement or must be intentionally preparing to engage in possibly infringing activity. If either element is prospective or uncertain, the court will not consider the complaint.

reasonable-consumer test The prevailing test for determining whether advertisement is deceptive, determined by asking whether the reasonable consumer would believe that the claim is true. Cf. FOOL S TEST.

reasonable-development covenant Oil & gas. The implied promise in an oil-and-gas lease that once production is obtained the lessee will continue to develop the property as would a reasonably prudent operator, as opposed to merely holding the lease by the production already obtained. See FURTHER-EXPLORATION COVENANT.

reasonable-expectations doctrine The principle that an ambiguous or inconspicuous term in a contract should be interpreted to favor the weaker party s objectively reasonable expectations from the contract, even though the explicit language of the terms may not support those expectations. This principle is most often applied when interpreting insurance policies, consumer contracts, and other types of adhesion contracts. Also written reasonable-expectation doctrine.

reasonable-inference rule An evidentiary principle providing that a jury, in deciding a case, may properly consider any reasonable inference drawn from the evidence presented at trial. Cf. PYRAMIDING INFERENCES, RULE AGAINST.

reasonable-use theory The principle that owners of riparian land may make reasonable use of their water if this use does not affect the water available to lower riparian owners.

reasonably believe To believe (a given fact or combina-tion offacts) under circumstances in which a reason-able person would believe. 2. To think or suppose.

reasonably prudent person See REASONABLE PERSON.

reasonably suspect See SUSPECT.

reasonably suspect 1. To consider (something) to be probable under circumstances in which a reasonable person would be led to that conclusion. 2. To consider (someone) as having probably committed wrongdoing under circumstances in which a reasonable person would be led to that conclusion.

reasonably-prudent-operator standard Oil & gas. The test generally applied to determine a lessee s compliance with implied lease covenants by considering what a reasonable, competent operator in the oil-and-gas industry would do under the circumstances, acting in good faith and with economic motivation, and taking into account the lessor s interests as well as that of the operator. Also termed reasonable-prudent-operator standard; prudent-operator standard.

reasons for allowance See RULE 109 STATEMENT.

reassurance See REINSURANCE.

rebate A return of part of a payment, serving as a discount or reduction. rebate, vb.

rebellion 1. Open, organized, and armed resistance to an established government or ruler. 2. Open resistance or opposition to an authority or tradition. 3. Disobedience of a legal command or summons.

rebus integris (ree-bas in-ta-gris). [Latin] Scots law. Matters being complete; no performance having taken place. For example, a contract could be rescinded if nothing had been done toward performance.

rebus ipsis etfactis (ree-bas ip-sis et fak-tis). [Latin] Scots law. By the facts and circumstances themselves. A marital contract was sometimes inferred rebus ipsis et factis.

rebus sic stantibus (ree-bas sik stan-ti-bas). [Latin "matters so standing"] Civil law & Int llaw. The principle that all agreements are concluded with the implied condition that they are binding only as long as there are no major changes in the circumstances. See CLAUSA REBUS SIC STANTIBUS.

rebut To refute, oppose, or counteract (something) by evidence, argument, or contrary proof <rebut the opponent s expert testimony> <rebut a presumption of negligence>.

rebuttable presumption See PRESUMPTION.

rebuttable presumption An inference drawn from certain facts that establish a prima facie case, which may be overcome by the introduction of contrary evidence. - Also termed prima facie presumption; disputable presumption; conditional presumption; praesumptio juris. Cf. conclusive presumption.

rebuttal 1. In-court contradiction of an adverse party s evidence. 2. lhe time given to a party to present contradictory evidence or arguments. Cf. CASE-IN-CHIEF. Rebuttal is the hardest argument to make in any court. In the Supreme Court and in most courts of appeals, petitioner has to work hard to save any time at all for rebuttal. In the Supreme Court, rebuttal time comes directly out of the 30 minutes allotted to petitioner s side and, if the justices keep asking questions that use up petitioner s time, the case is submitted without rebuttal. Many courts of appeals permit counsel to reserve time for rebuttal, either through the clerk in advance of the argument or at the beginning of the argument itself. It is the rare court of appeals panel that does not permit counsel at least one minute of rebuttal, even when counsel s time has expired." David C. Frederick, Supreme Court and Appellate Advocacy § 7.3, at 178 (2003) (dealing only with oral rebuttals on appeal). 3. The arguments contained in a reply brief. See reply brief under BRIEF.

rebuttal evidence See EVIDENCE.

rebuttal evidence Evidence offered to disprove or contradict the evidence presented by an opposing party. Rebuttal evidence is introduced in the rebutting party's answering case; it is not adduced, e.g., through cross-examination during the case-in-chief of the party to be rebutted. Also termed rebutting evidence.

rebuttal witness See WITNESS.

rebutter 1. Common-law pleading. The defendant s answer to a plaintiff s surrejOinder; the pleading that followed the rejOinder and surrejoinder, and that might in turn be answered by the surrebutter. 2. One who rebuts.