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remedial trust See constructive trust under TRUST.

remediation Environmental law. The restoration of polluted land, water, or air to its former state, or as nearly so as is practical.

remedies The field of law dealing with the means of enforcing rights and redressing wrongs.

remediis praetoriis (ri-mee-dee-is pri-tor-ee-is). [Latin]. By praetorian remedies.

remedium extraordinarium (ri-mee-dee-am ek-stror¬di-nair-ee-am or ek-stra-or-). [Latin] Hist. An extraordinary remedy.

remedy 1. The means of enforcing a right or preventing or redressing a wrong; legal or equitable relief. Also termed civil remedy. 2. REMEDIAL ACTION. Cf. RELIEF. Also termed (in both senses) law of remedy. - remedy, vb. "A remedy is anything a court can do for a litigant who has been wronged or is about to be wronged. The two most common remedies are judgments that plaintiffs are entitled to collect sums of money from defendants and orders to defendants to refrain from their wrongful conduct or to undo its consequences. The court decides whether the litigant has been wronged under the substantive law; it conducts its inquiry in accordance with the procedural law. The law of remedies falls somewhere between substance and procedure, distinct from both but overlapping with both." Douglas Laycock, Modern American Remedies 1 (3d ed.2002).

remedy over A remedy that arises from a right of indemnification or subrogation. For example, if a city is liable for injuries caused by a defect in a street, the city has a "remedy over" against the person whose act or negligence caused the defect.

remedy, mutuality of See MUTUALITY OF REMEDY.

remere (ray-may-ray), n. [French] The right of repurchase.

REMIC (rem-ik or ree-mik). abbr. REAL-ESTATE MORTGAGE INVESTMENT CONDUIT.

remise (ri-mlz), vb. To give up, surrender, or release (a right, interest, etc.) <the quitclaim deed provides that the grantor remises any rights in the property>.

remissio injuriae (ri-mis[h]-ee-oh in-joor-ee-ee). [Latin]. Forgiveness of the offense.

remission 1. A cancellation or extinguishment of all or part of a financial obligation; a release of a debt or claim.

remit 1. To pardon or forgive <the wife could not remit her husband s infidelity>, 2. To abate or slacken; to mitigate <the receipt of money damages remitted the embarrassment of being fired>, 3. To refer (a matter for decision) to some authority, esp, to send back (a case) to a lower court <the appellate court remitted the case to the trial court for further factual determinations>. See REMAND, 4. To send or put back to a previous condition or position <a landlord s breach ofa lease does not justify the tenant s refusal to pay rent; instead, the tenant is remitted to the right to recover damages>, 5. To transmit (as money) <upon receiving the demand letter, she promptly remitted the amount due>. remissible (for senses 1-4), adj, remittable (for sense 5), adj,

remittance 1. A sum of money sent to another as payment for goods or services, 2. An instrument (such as a check) used for sending money, 3. The action or process of sending money to another person or place.

remittance advice Notice that a sum of money has been sent (esp. by mail) for goods or services. See REMITTANCE.

remittance advice See ADVICE.

remittee One to whom payment is sent.

remitter 1. The principle by which a person having two titles to an estate, and entering on it by the later or more defective title, is deemed to hold the estate by the earlier or more valid title. 2. The act of sending back a case to a lower court 3. One who sends payment to someone else. - Also spelled (in sense 3) remittor.

remitting bank See BANK.

remitting bank A payor or intermediary bank that pays or transfers an item.

remittit damna (ri-mit-it dam-na), [Latin]. An entry on the record by which a plaintiff declares that he or she remits part of the damages that have been awarded. Also termed remittitur damna; remittitur damnum.

remittitur (ri-mit-i-tar), ( 1. An order awarding a new trial, or a damages amount lower than that awarded by the jury, and requiring the plaintiff to choose between those alternatives <the defendant sought a remittitur of the $100 million judgment>. 2. The process by which a court requires either that the case be retried, or that the damages awarded by the jury be reduced, Cf. ADDITUR.

remittitur damna See REMITTIT DAMNA.

remittitur damnum See REMITTIT DAMNA,

remittitur of record The action of sending the transcript of a case back from an appellate court to a trial court; the notice for doing so.

remittor See REMITTER (3),

remnants and surpluses Maritime law, The proceeds remaining from the sale of a ship after claims for seamen s wages, bottomry bonds, salvage services, and supplies have been paid.

remonetization The restoration of a precious metal (such as gold or silver) to its former use as legal tender. - remonetize, vb.

remonstrance (ri-mon-strants), 1. A presentation of reasons for opposition or grievance. 2. A formal document stating reasons for opposition or grievance, 3. A formal protest against governmental policy, actions, or officials. remonstrate (ri-mon-strayt), vb,

remote 1. Far removed or separated in time, space, or relation, 2. Slight. 3. Property. Beyond the 21 years after some life in being by which a devise must vest. See RULE AGAINST PERPETUITIES.

remote cause See CAUSE (1).

remote cause A cause that does not necessarily or immediately produce an event or injury. Cf. proximate cause (2).

remote damages See speculative damages (1).

remote damages See speculative damages (1) under DAMAGES.

remote possibility See POSSIBILITY.

remote possibility A limitation dependent on two or more facts or events that are contingent and uncertain; a double possibility. Also termed possibility on a possibility.

remoteness of consequence The lack of proximate causation with respect to an alleged act by a defendant. Even if the plaintiff proves every other element for tortious liability, the defendant will not be liable if the harm suffered by the plaintiff is too far removed from the defendant s conduct, Also termed remoteness afdamage.

remotis testibus (ri-moh-tis tes-ti-bas), [Latin]. The witnesses being absent

removal 1. The transfer or moving of a person or thing from one location, position, or residence to another. 2. The transfer of an action from state to federal court. In removing a case to federal court, a litigant must timely file the removal papers and must show a valid basis for federal-court jurisdiction. 28 USCA § 1441. Cf. REMAND (1). remove, vb.

removal action Environmental law. An action, esp, under CERCLA, intended to bring about the short-term abatement and cleanup of pollution (as by removing and disposing of toxic materials). See CERCLA, Cf. REMEDIAL ACTION.

removal bond 1. A bond to cover possible duties owed by a person who removes goods from a warehouse for export. 2. A bond required in some states when a litigant seeks to remove an action to another court.

removal bond See BOND (2).

REMT abbr, REAL-ESTATE MORTGAGE TRUST.

remuneration (ri-myoo-na-ray-shan). 1. Payment; compensation, 2. The act of paying or compensating. - remunerative, adj. - remunerate, vb.

remunerative donation Civil law. An inter vivos gift made to compensate a person for services rendered. It is nqt a gift unless the value of the property given is more than twice as much as the value of the services. La. Civ. Code arts. 1525, 1526. 2. Eccles. law. A method of acquiring a benefice by deed of gift alone, without presentation, institution, or induction.

remunerative donation See DONATION.

rencounter (ren-kown-tar). A hostile meeting or contest; a battle or combat. - Also spelled rencontre (ren-kon-tar).

render 1. A payment in money, goods, or services made by a feudal tenant to the landlord. 2. A return conveyance made by the grantee to the grantor in a fine. See FINE (1).

render 1. To transmit or deliver <render payment>. 2. (Of a judge) to deliver formally <render a judgment>. 3. (Of a jury) to agree on and report formally <render a verdict>. 4. To pay as due <render an account>.

rendezvous 1. A place designated for meeting or assembly, esp. of troops or ships. 2. The meeting or assembly itself.

rendition 1. The action of making, delivering, or giving out, such as a legal decision. 2. lhe return of a fugitive from one state to the state where the fugitive is accused or was convicted of a crime. Also termed (in sense 2) interstate rendition. Cf. EXTRADITION.

rendition of judgment The judge oral or written ruling containing the judgment entered. Cf. ENTRY OF JUDGMENT.

rendition warrant See WARRANT (1).

renege (ri-nig or ri-neg). To fail to keep a promise or commitment; to back out of a deal.

renegotiable-rate mortgage See MORTGAGE.

renegotiation 1. The act or process of negotiating again or on different terms; a second or further negotiation. 2. The reexamination and adjustment of a government contract to eliminate or recover excess profits by the contractor. - renegotiate, vb.

renewable term insurance Insurance that the insured may continue at the end of a term. but generally at a higher premium. The insured usu. has the right to renew for additional terms without a medical examination.

renewable term insurance See INSURA>lCE.

renewal 1. The act of restoring or reestablishing. 2. Parliamentary law. The introduction or consideration ofa question already disposed of. Also termed renewal oj a motion. See restorative motion under MOTION (2). Cf. RECONSIDER. 3. The re-creation of a legal relationship or the replacement ofan old contract with a new contract, as opposed to the mere extension of a previous relationship or contract. Cf. EXTENSION (1); REVIVAL (1). - renew, vb.

renewal note See NOTE (1).

renewal of a motion See RENEWAL (2).

renounce 1. To give up or abandon formally (a right or interest); to disclaim <renounce an inheritance>. 2. To refuse to follow or obey; to decline to recognize or observe renounce one allegiance>.

renovare (ren-a-vair-ee), vb. [Latin]. To renew.

renovatio (ren-a-vay-shee-oh). [Latin]. A renewal (as of a lease).

rent 1. Consideration paid, usu. periodically, for the use or occupancy of property (esp. real property).

rent 1. To pay for the use of another s property. 2. Slang. EXTORT (2),

rent charge The right to receive an annual sum from the income ofland, usu. in perpetuity, and to retake possession if the payments are in arrears. Also spelled rent-charge; rentcharge. - Also termed fee-farm rent. "Rent-charge is a rent with liberty to distrain. As when a man seised of land granteth by a deed poll, or by indenture, a yearly rent going out of the same land to another in fee or fee-tail, or for a term of life, etc. with clause of distress, or maketh a feoffment in fee by indenture, reserving to himself a certain yearly rent, with clause of distress." Sir Henry Finch, Law, or a Discourse Thereof 155 (1759). "A rentcharge is an annual or periodic payment charged upon, and payable by the owner of, land. Unlike a rent service, in the case of a rentcharge there is no tenure or privity of estate between the parties. The owner of a rentcharge has no tenurial relationship with the land upon which it is charged, A rentcharge is a species of incorporeal property, but, unlike an easement, is incorporeal property in gross, being enjoyed by the owner personally and not in the capacity of proprietor of land," Peter Butt, Land Law 330 (2d ed, 1988),

rent control A restriction imposed, usu. by municipal legislation, on the maximum rent that a landlord may charge for rental property, and often on a landlord s power of eviction.

rent of lands See RENT (3).

rent seck See RENT (2).

rent seck A rent reserved by deed but without any clause of distress. Also spelled rent-seck; rentsec. Also termed dry rent. PI. rents seck. But rents-seck have long ceased to exist, because the inability of their owners to distrain was abolished by the Landlord and Tenant Act, 1730 (4 George II), which enacted that the owners of rents seck, rents of assize and chief rents should have the same remedy by distress as existed in the case of rent reserved upon lease." G.c. Cheshire, Modern Law of Real Property 199 (3d ed, 1933), "At common law, the relationship of lord and tenant carried with it an automatic right of distress for any rent. If no such relationship existed, there was no common law right of distress, and consequently an express clause of distress was frequently inserted when reserving the rent. A rent supported by no right of distress was known as a rent seck (from the Latin siccus, dry, barren). Rent seck ceased to exist many years ago, for by the landlord and Tenant Act 1730, the owners of rents seck were given the same rights of distress as a landlord has against his tenant under a lease, namely, a right to distrain as soon as the rent is in arrear." Robert E, Megarry & p,v. Baker, A Manual of the Law of Real Property 409 (4th ed, 1969),

rent service A rent with some corporeal service incident to it (as by fealty) and with a right ofdistress, Also written rent-service, "[R]ent-service exists only where the relation of landlord and tenant is found, and in such a case rent derives its name from the fact that it was given as a substitute for the services to which the land was originally liable," G.C.Cheshire, Modern Law of Real Property 198 (3d ed, 1933). 3. A contract by which one party conveys to another party a tract ofland or other immovable property, to be held by the other party as owner and in perpetuity, in exchange for payment of an annual sum of money or quantity of fruits. Under Louisiana law, the rent is essentially redeemable even though stipulated to be perpetual. The seller may set the terms of the redemption, which must take place after a stipulated time (not to exceed 30 years) La. Civ. Code art. 2788. See FRUIT (2), - Also termed rent of lands. 4. The difference between the actual return from a commodity or service and the cost of supplying it; the difference between revenue and opportunity cost. - rent, vb.

rent service See RENT (2).

rent strike A refusal by a group of tenants to pay rent until grievances with the landlord are heard or settled.

rentage Rent or rental.

rent-a-judging See PRIVATE JUDGING.

rental 1. The amount received as rent.

Rental and Related Rights Directive See DIRECTIVE ON RENTAL, LENDING AND CERTAIN NEIGHBORING RIGHTS.

Rental Directive See DIRECTIVE ON RENTAL, LENDING AND CERTAIN NEIGHBORING RIGHTS.

rental division order Oil & gas. A stipulation signed by those entitled to delay rentals, stating what interest each owns and how much rental each is to receive.

rental right The power of a copyright owner to control the use of copies of the work beyond the first sale, when that use involves offering the copy to the public for temporary use for a fee (as at a store renting DVDs and videotapes) or some other commercial advantage (as at a hotel offering the loan of DVDs or videotapes). Rental rights are recognized among members of the European Commission and under TRIPs. The right also applies to the rental of computer software.

rentcharge The right to receive an annual sum from the income ofland, usu. in perpetuity, and to retake possession if the payments are in arrears. Also spelled rent-charge; rent charge. Also termed fee-farm rent. "Rent-charge is a rent with liberty to distrain. As when a man seised of land granteth by a deed poll, or by indenture, a yearly rent going out of the same land to another in fee or fee-tail, or for a term of life, etc with clause of distress, or maketh a feoffment in fee by indenture, reserving to himself a certain yearly rent, with clause of distress_" Sir Henry Finch, Law, or a Discourse Thereof 155 (1759). "A rentcharge is an annual or periodic payment charged upon, and payable by the owner of, land. Unlike a rent service, in the case of a rentcharge there is no tenure or privity of estate between the parties. The owner of a rentcharge has no tenurial relationship with the land upon which it is charged. A rentcharge is a species of incorporeal property, but, unlike an easement, is incorporeal property in gross, being enjoyed by the owner personally and not in the capacity of proprietor of land." Peter Butt, Land Law 330 (2d ed. 1988).

rente (rawnt), n. [French "income, rent"] French law. 1. Annual income or rent.

rente fonciere (fawn-syair) [French "ground rent"] A rent that is payable for the use of land and is perpetual.

rente fonciere See RENTE.

rente viagere See RENTE.

rente viagere (vee-ah-zhair). [French "life rent"] A rent charge or annuity that is payable for life; a life interest or annuity. 2. (usu. pl.) Interest paid annually by the French government on the public debt; a government stock, bond, or annuity.

rentee Rare. A tenant.

rentier (rawn-tyay). [French]l. A person who owns or holds rentes. See RENTE. 2. A person who makes or lives off an income from property or investment; a stockholder or annuitant.

rents, issues, and profits The total income or profit arising from the ownership or possession of property.

rent-seeking Economic behavior motivated by an incentive to overproduce goods that will yield a return greater than the cost of production. The term is often used in the field of law and economics. See RENT (4).

renunciation (ri-nn-see-ay-shan). 1. The express or tacit abandonment of a right without transferring it to another. 2. Wills & estates. The act of waiving a right under a will. At one time, one renounced an inheritance by intestacy and disclaimed a gift by will. Today disclaim is common in both situations. Also termed (in sense 2) disclaimer. See RIGHT OF ELECTION. Cf. DISCLAIMER. 3. Criminal law. Complete and voluntary abandonment of criminal purpose - sometimes coupled with an attempt to thwart the activity s success before a crime is committed. Renunciation can be an affirmative defense to attempt, conspiracy, and the like. Model Penal Code § 5.01(4). Also termed withdrawal; abandonment. 4. See anticipatory repudiation under REPUDIATION. renunciative, renunciatory, adj. renounce, vb.

renvoi (ren-voy), n. [French "sending back"] 1. The doctrine under which a court in resorting to foreign law adopts as well the foreign law s conflict-of-Iaws priniples, which may in turn refer the court back to the law of the forum. 2. The problem arising when one state s rule on conflict of laws refers a case to the law of another state, and that second state s conflict-of-Iaw rule refers the case either back to the law of the first state or to a third state. See CONFLICT OF LAWS. 3. RECONDUCTION (2).

REO abbr. REAL ESTATE OWNED.

reo absente (ree-oh ab-sten-tee). [Latin] The defendant being absent; the absence of the defendant.

reo praesente (ree-oh pri-zen-tee). [Latin]. The defendant being present; the presence of the defendant.

reopen (Of a court) to review (an otherwise final and nonappealable judgment) for the purpose of possibly granting or modifying relief. A court will reopen a judgment or case only in highly unusual circumstances. See Fed. R. Civ. P. 60.

reorganization 1. Bankruptcy. A financial restructuring of a corporation, esp. in the repayment of debts, under a plan created by a trustee and approved by a court. See CHAPTER 11.

reorganization bond See adjustment bond.