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relative fact See FACT.

relative nullity See NULLITY.

relative of the half blood A collateral relative who shares one common ancestor. A half brother, for example, is a relative of the halfblood. See halfblood under BLOOD.

relative power See POWER (5).

relative power A power that relates directly to land, as distinguished from a collateral power.

relative right A right that arises from and depends on someone elses right, as distinguished from an absolute right. Cf. absolute right.

relative right See RIGHT.

relative simulated contract A simulated contract that the parties intend to have some effects, but not necessarily those recited in the contract. La. Civ. Code art. 2027. See simulated contract.

relative simulated contract See CONTRACT.

relative-convenience doctrine The principle that an injunction or other equitable relief may be denied if granting it would cause one party great inconvenience but denying it would cause the other party little or no inconvenience.

relative-responsibility statute A law requiring adult children to support or prOVide basic necessities for their indigent elderly parents.

relator 1. The real party in interest in whose name a state or an attorney general brings a lawsuit. See EX REL. 2. lhe applicant for a writ, esp. a writ of mandamus, prohibition, or quo warranto. 3. A person who furnishes information on which a civil or criminal case is based; an informer.

relatrix (ri-Iay-triks). Archaic. A female relator.

relaxatio (ree-Iak-say-shee-oh). [Law Latin]. An instrument by which one relinquishes a right or claim to another; a release.

release 1. Liberation from an obligation, duty, or demand; the act of giving up a right or claim to the person against whom it could have been enforced <the employee asked for a release from the noncompete agreement>. Also termed discharge; surrender. 2. The relinquishment or concession of a right, title, or claim <Benson s effective release of the claim against Thompson estate precluded his filing a lawsuit>. 3. A written discharge, acquittance, or receipt; specif., a writing - either under seal or supported by sufficient consideration stating that one or more of the worker s contractual or compensatory rights are discharged <Jones Signed the release before accepting the cash from Hawkins>. Beneficiaries of an estate are routinely required to sign a release discharging the estate from further liability before the executor or administrator distributes the property. 4. A written authorization or permission for publication <the newspaper obtained a release from the witness before printing his picture on the front page>. 5. 1be act of conveying an estate or right to another, or oflegally disposi ng of it <the release of the easement on February 14>.6. A deed or document effecting a conveyance <the legal description in the release was defective>. See deed ofrelease under DEED. 7. The action of freeing or the fact of being freed from restraint or confinement <he became a model citizen after his release from prison>. 8. A document giving formal discharge from custody <after the sheriff Signed the release, the prisoner was free to go>. release, vb.

release clause 1. A blanket-mortgage provision that enables the mortgagor to obtain a release from the mortgage of a specific portion of the property upon paying a specific (usu. more than pro rata) portion of the loan. Mortgagees commonly include a clause that disallows a partial release if the mortgagor is in default on any part of the mortgage. 2. A purchase-agreement provision that allows a seller who has accepted an offer containing a contingency to continue to market the property and accept other offers. _ If the seller accepts another buyer s offer, the original buyer typically has a specified time (such as 72 hours) to waive the contingency (such as the sale of the buyer present house) or to release the seller from the agreement.

release deed A deed that is issued once a mortgage has been discharged, explicitly releasing and reconveying to the mortgagor the entire interest conveyed by an earlier deed of trust. Also termed reconveyance; satisfaction; release.

release deed See DEED.

release of mortgage A written document that discharges a mortgage upon full payment by the borrower and that is publicly recorded to show that the borrower has full equity in the property.

release on recoguizance The pretrial release of an arrested person who promises, usu. in writing but without supplying a surety or posting bond, to appear for trial at a later date. - Abbr. ROR. - Also termed release on own recognizance. See RECOGNIZANCE.

release to uses Conveyance of property, by deed of release, by one party to another for the benefit of the grantor or a third party. See deed ofrelease under DEED; STATUTE OF USES; USE (4).

releasee 1. One who is released, either phYSically or by contractual discharge. 2. One to whom an estate is released.

releaser See RELEASOR.

releasor One who releases property or a claim to another. - Also spelled releaser.

relegatio (rel-a-gay-shee-oh), n. [ff. Latin relegare "to send away"] Roman law. Temporary or permanent banishment of a condemned criminal from Rome and the criminal s native province, without loss of citizenship or forfeiture of all the criminal s property. Cf. DEPORTATIO. Relegatio. The expulsion of a citizen ordered either by an administrative act of a magistrate or by judgment in a criminal trial. In the latter case the relegatiowas sometimes combined with additional punishments, such as confiscation of the whole or of a part of the property of the condemned person, loss of Roman Citizenship, confinement in a certain place. A milder form of relegatio was the exclusion of the wrongdoer from residence in a specified territory. Illicit return was punished with the death penalty." Adolf Berger, Encyclopedic Dictionary of Roman Law 673 (1953).

relegation 1. Banishment or exile, esp. a temporary one. 2. Assignment or delegation. - relegate, vb.

relevance The fact, quality, or state of being relevant; relation or pertinence to the issue at hand. Also termed relevancy.

relevancy See RELEVANCE.

relevant adj. Logically connected and tending to prove or disprove a matter in issue; having appreciable probative value - that is, rationally tending to persuade people of the probability or possibility of some alleged fact. Cf. MATERIAL (2), (3). "The word relevant means that any two facts to which it is applied are so related to each other that according to the common course of events one either taken by itself or in connection with other facts proves or renders probable the past, present, or future existence or non-existence of the other." James Fitzjames Stephen, A Digest of the Law of Evidence 2 (4th ed. 1881).

relevant art Patents. Art to which one can reasonably be expected to look for a solution to the problem that a patented device tries to solve. The term includes not only knowledge about a problem in a particular industry, but also knowledge accumulated in scientific fields whose techniques have been commonly employed to solve similar problems. Also termed pertinent art. 4. Hist. In a seduction case, the skillful and systematic coaxing of another to engage in sexual activity.

relevant art See ART.

relevant evidence See EVIDENCE.

relevant evidence Evidence tending to prove or disprove a matter in issue. Relevant evidence is both probative and material and is admissible unless excluded by a spedfic statute or rule. Fed. R. Evid. 401-403. - Also termed competent evidence. Cf. material evidence; probative evidence.

relevant market See MARKET.

reliance Dependence or trust by a person, esp. when combined with action based on that dependence or trust. - rely, vb.

reliance damages Damages awarded for losses incurred by the plaintiff in reliance on the contract. Reliance damages restore the plaintiff to the economic condition the plaintiff enjoyed before the contract was formed. "Reliance damages are ... 'real' losses in a much more tangible way than losses of expectations. The distinction is nicely illustrated by McRae v. Commonwealth Disposals Commission . ... In this case, ... the defendants sold a shipwrecked tanker which they advertised as lying on a certain reef in the Pacific, and the plaintiffs spent a substantial sum of money equipping a salvage expedition to go in search of the ship. The ship was wholly non-existent, and the plaintiffs were held entitled to damages. Here it was clear that the plaintiffs had incurred substantial expenses - real losses in reliance on the contract, and the Australian High Court awarded these reliance damages to the plaintiffs." P.S. Atiyah, An Introduction to the Law of Contract 311 (3d ed. 1981).

reliance damages See DAMAGES.

reliance interest See INTEREST (2).

reliance interest The interest of a nonbreaching party in being put in the position that would have resulted if the contract had not been made, including out-of-pocket costs.

reliance materials See EXPERT-RELIANCE MATERIALS.

reliance-loss damages A reimbursement for losses or expenses that the plaintiff suffers in reliance on the defendant's contractual promise that has been breached.

reliance-loss damages See DAMAGES.

relict (rel-ikt). Archaic. A surviving spouse; esp., a widow.

relicta verificatione (ri-lik-ta ver-a-fi-kay-shee-oh-nee). [Latin "his pleading being abandoned"]. A confession of judgment accompanied by a withdrawal of the plea. See COGNOVIT ACTIONEM.

reliction (ri-lik-shan). 1. A process by which a river or stream shifts its location, causing the recession of water from its bank. 2. The alteration of a boundary line because of the gradual removal of land bv a river or stream. See ACCRETION; DERELICTION (2).

relief 1. A payment made by an heir of a feudal tenant to the feudal lord for the privilege of succeeding to the ancestor s tenancy. "A mesne lord could, upon the death of his tenant, accept the tenant s heir as tenant; but he was not required to do so. When he did accept his deceased tenant s heir as tenant, it was typically because the heir had paid the mesne lord a substantial sum (known as a relieD for the re-grant of the tenancy." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 8 (2d ed. 1984). 2. Aid or assistance given to those in need, esp., financial aid provided by the state. 3. The redress or benefit, esp. equitable in nature (such as an injunction or specific performance), that a party asks of a court. - Also termed remedy. Cf. REMEDY.

religion A system of faith and worship usu. involving belief in a supreme being and usu. containing a moral or ethical code; esp., such a system recognized and practiced by a particular church, sect, or denomination. In construing the protections under the Establishment Clause and the Free Exercise Clause, courts have interpreted the term religion quite broadly to include a wide variety of theistic and nontheistic beliefs.

Religion Clause In the Bill of Rights, the provision stating that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." U.S. Const. amend. 1. Some writers use the plural form, "Religion Clauses," to mean both the Establishment Clause and the Free Exercise Clause, thus emphasizing the asserted common purpose of the two provisions.

religion, freedom of See FREEDOM OF RELIGION.

religious corporation A corporation created to carry out some ecclesiastical or religious purpose. See ecclesiastical corporation.

religious corporatiou See CORPORATION.

religious liberty See LIBERTY.

Religious Test Clause The clause of the U.S. Constitution that prohibits the use of a religious test as a qualification to serve in any office or public trust. U.S. Const. art. VI, par. 3, cl. 2. - Also termed No Religious Test Clause.

religious-affinity fraud See PRAUD.

religious-affinity fraud See affinity fraud.

religious-exemption statute See FAITH-HEALING EXEMPTION.

relinquishment The abandonment of a right or thing. - relinquish, vb.

reliqua (rel-a-kwa). [Latin] Civil law. The remainder of a debt after balancing or liquidating an account; money left unpaid.

relitigate To litigate (a case or matter) again or anew <relitigate the issue in federal court>. - relitigation, n.

relocatio (ree-loh-kay-shee-oh). [Latin] Civil law. The renewal of a lease; RECONDUCTION (I).

relocation 1. Removal and establishment of someone or something in a new place. 2. Mining law. Appropriation of a new tract ofland for a mining claim, as by an owner who wishes to change the boundaries of the original tract or by a stranger who wishes to claim an abandoned or forfeited tract. 3. Civil law. RECONDUCTION (1).

rem See IN REM.

rem pupilli salvam fore (rem pyoo-pil-i sal-vam for-ee). [Latin] Roman law. The guarantee reqUired of a guardian that the estate of the person under puberty will be safe.

rem an entia (rem-a-nen-shee-a). [Law Latin]t. A remainder or perpetuity.

remainder 1. A future interest arising in a third person that is, someone other than the estate s creator, its initial holder, or the heirs of either who is intended to take after the natural termination of the preceding estate. For example, if a grant is "to A for life, and then to B," B s future interest is a remainder. If there is only one preceding estate and the remainder vests on that estate s expiration, the remainder is also termed an executed estate. Also termed remainder estate; estate in remainder. Cf. EXECUTORY INTEREST; REVERSION; POSSIBILITY OF REVERTER. "Whether a remainder is vested or contingent depends upon the language employed. If the conditional element is incorporated into the description of, or the gift to the remainder man, then the remainder is contingent; but if. after words giving a vested interest, a clause is added divesting it, the remainder is vested. Thus, on a devise to A. for life, remainder to his children, but if any child dies in the lifetime of A. his share to go to those who survive, the share of each child is vested, subject to be divested by his death. But on a devise to A. for life, remainder to such of his children as survive him. the remainder is contingent." John Chipman Gray, The Rule Against Perpetuities 66 (1886). Under the names of remainders and executory limitations,various classes of interests in land could be created in expectancy. either at the Common Law or under the Statute of Uses. The differences between the two classes were highly technical; and the learning involved in acquiring a knowledge of the rules of determining them [is] quite out of proportion to the value obtained." Edward Jenks, The Book of English Law 263 (P.S. Fairest ed., 6th ed. 1967).

remainder bequest See residuary bequest under BEQUEST.

remainder bequest See residuary bequest.

remainder estate See REMAINDER (I).

remainder indefeasibly vested See indefeasible remainder under REMAINDER.

remainder interest The property that passes to a beneficiary after the expiration of an intervening j ncome interest. For example, if a grantor places real estate in trust with income to A for life and remainder to B upon A s death, then B has a remainder interest.

remainder subject to a condition precedent See contingent remainder.

remainder subject to divestment See defeasible remainder.

remainder subject to open A vested remainder that is given to a class of persons whose numbers may change over time and that is to be shared equally by each member of the class. An example is "to A for life, and then equally to all of B s children." The class must have at least one member, but more can be added over time. Also termed remainder subject to partial divestment; remainder vested subject to open.

remainder subject to partial divestment See remainder subject to open under REMAINDER.

remainder vested subject to open See remainder subject to open under REMAINDER.

remainderer See REMAINDERMAN.

remainderman A person who holds or is entitled to receive a remainder. Also termed remainderer; remainderperson; remainor.

remainor See REMAINDERMAN.

remake rights The rights to produce one or more additional movies or screenplays based on what is substantially the same story as is contained in the original movie or screenplay for which the rights have been granted.

remancipate To mancipate (a thing or person) again.

remand (ri-mand also ree-mand), 1. The act or an instance of sending something (such as a case, claim, or person) back for further action. 2. An order remanding a case, claim, or person.

remand (ri-mand), 1. To send (a case or claim) back to the court or tribunal from which it came for some further action <the appellate court reversed the trial court s opinion and remanded the case for new trial>. Cf. REMOVAL (2). 2. To recommit (an accused person) to custody after a preliminary examination <the magistrate, after denying bail, remanded the defendant to custody>.

remanent pro defectu emptorum (rem-a-nant proh di¬fek-t[y]oo emp-tor-am). [Latin] . Remains unsold for want of buyers. This language was used in a return ofa writ of execution when the sheriff could not sell the seized property.

remanet (rem-a-net). 1. A case or proceeding whose hearing has been postponed. 2. A remainder or remnant.

remargining The act or process of depositing additional cash or collateral with a broker when the equity in a margin account falls to an insufficient leveL See margin account under ACCOUNT. remargin, vb.

remarry To marry a second or later time, after a divorce or the death of one s spouse.

remediable adj. Capable ofbeing remedied, esp. by law <remediable wrongs>. remediability, n.

remedial 1. Affording or providing a remedy; providing the means of obtaining redress <a remedial action>. 2. Intended to correct, remove, or lessen a wrong, fault, or defect <a remedial statute>. 3. Of or relating to a means of enforcing an existing substantive right <a remedial right>.

remedial action 1. See REMEDIAL ACTION. 2. See personal action (1).

remedial action 1. Environmental law. An action intended to bring about or restore long-term environmental quality; esp., under CERCLA, a measure intended to permanently alleviate pollution when a hazardous substance has been released or might be released into the environment, so as to prevent or minimize any further release of hazardous substances and thereby minimize the risk to public health or to the environment. 42 USCA § 9601(24); 40 CFR § 300.6. Also termed remedy. See CERCLA. Cf. REMOVAL ACTION. 2. See personal action (1) under ACTION (4).

remedial enforcement See secondary right under RIGHT.

remedial enforcement See secondary right under RIGHT.

remedial law 1. A law providing a means to enforce rights or redress injuries. 2. A law that corrects or modifies an existing law; esp., a law proViding a new or different remedy when the existing remedy, if any, is inadequate.

remedial liability See LIABILITY.

remedial promise See PROMISE.

remedial promise A seller s promise to repair or replace goods or to refund the price if the goods (1) do not conform to the contract or to a representation at the time of the delivery of the goods, (2) conform at the time of delivery but later fail to perform as agreed, or (3) contain a defect. DCC § 2-IQ2(a)(31).

remedial right See RIGHT.

remedial right The secondary right to have a remedy that arises when a primary right is broken. See secondary right.

remedial statute See STATUTE.

remedial statute A law that affords a remedy. Also termed curative statute.