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reorganization bond See adjustment bond.

reorganization plan Bankruptcy. A plan of restructuring submitted by a corporation for approval by the court in a Chapter 11 case. See CHAPTER 11.

rep abbr. 1. REPORT. 2. REPORTER. 3. REPRESENTATIVE. 4. REPUBLIC.

repair doctrine The rule that a licensee who is authorized to produce, use, or distribute a patented device also has the right to repair and replace unpatented components. Also termed permissiblerepair doctrine. Cf. RECONSTRUCTION.

repair-and-replace provision A contractual clause providing that a product s defect will be remedied by repairing or replacing the defective part or product.

reparable injury (rep-ar-a-bal). An injury that can be adequately compensated by money.

reparable injury See INJURY.

reparation (rep-a-ray-shan). 1. The act of making amends for a wrong. 2. (usu. pl.) Compensation for an injury or wrong, esp. for wartime damages or breach of an international obligation.

reparationefacienda See DE REPARATIONE FACIENDA.

reparative injunction (ri-par-a-tiv). An injunction requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed a wrong. Cf. preventive injunction.

reparative injunction See INJUNCTION.

reparole A second release from prison on parole, served under the same sentence for which the parolee served the first term of parole.

repeal RESCIND (3); esp., abrogation of an existing law by legislative act. repeal, vb.

repeal by implication See implied repeal.

repealer 1. A legislative act abrogating an earlier law. Also termed repealing act. 2. One who repeals.

repealing clause A statutory provision that repeals an earlier statute.

repealing statut See STATUTE.

repealing statute A statute that revokes, and sometimes replaces, an earlier statute. A repealing statute may work expressly or by implication.

repeat offender See OFFENDER.

repeat offender A person who has been convicted of a crime more than once; RECIDIVIST.

repeater See RECIDIVIST.

repetition A demand or action for restitution or repayment. See SOLUTIO INDEBITI.

repetitum namium (ri-pet-a-tam nay-mee-am). [Law Latin]. A second, repeated, or reciprocal distress; WITHERNAM.

repetundae (rep-a-tan-dee). [Latin "things or money claimed back"] Roman law. See RES REPETUNDAE.

replacement cost See COST (1).

replacement cost The cost of a substitute asset that is equivalent to an asset currently held. The new asset has the same utility but mayor may not be identical to the one replaced.

replacement insurance See INSURANCE.

replacement insurance Insurance under which the value of the loss is measured by the current cost of replacing the insured property. See replacement cost under COST.

replacement-cost depreciation method See DEPRECIATION METHOD.

replacement-cost depreciation method A depreciation method that fixes an asset's value by the price of its substitute.

replead 1. To plead again or anew; to file a new pleading, esp. to correct a defect in an earlier pleading. 2. To make a repleader.

repleader (ree-plee-dar). Common-law pleading. A court order or judgment - issued on the motion of a party who suffered an adverse judgment requiring the parties to file new pleadings because of some defect in the original pleadings. Also termed judgment of repleader. See MOTION FOR REPLEADER.

replegiare (ri-plee-jee-air-ee), vb. [Law Latin]. To take back on pledge or surety; to replevy.

repleviable (ri-plev-ee-d-bal). Capable of being replevied; recoverable by replevin <repleviable property>. Also spelled replevisable (ri-plev-a-sa¬bal). Cf. IRREPLEVIABLE.

replevin Archaic. REPLEVY.

replevin (ri-plev-in). 1. An action for the repossession of personal property wrongfully taken or detained by the defendant, whereby the plaintiff gives security for and holds the property until the court decides who owns it. Also termed claim and delivery. 2. A writ obtained from a court authorizing the retaking of personal property wrong fully taken or detained. - Also termed (in sense 2) writ ofreplevin. Cf. DETINUE; TROVER. The action of replevin lies, where specific personal property has been wrongfully taken and is wrongfully detained, to recover possession of the property, together with damages for its detention. To support the action it is necessary (a) That the property shall be personal. (b) That the plaintiff, at the time of suit, shall be entitled to the immediate possession. (c) That (at common law) the defendant shall have wrongfully taken the property (replevin in the cepit). But, by statute in most states, the action will now also lie where the property is wrongfully detained, though it was lawfully obtained in the first instance (replevin in the detinet). (d) That the property shall be wrongfully detained by the defendant at the time of suit." Benjaminj. Shipman, Handbook of Common-Law Pleading § 49, at 120 (Henry Winthrop Ballantine ed., 3d ed. 1923). "In rare cases, the plaintiff might seek equitable relief to secure return of a chattel. More commonly, the claim for recovery of the chattel was pursued at common law under forms of action such as Detinue or Replevin. American statutes or court rules tracked the common law generally, referring to the recovery variously as replevin, detinue, claim-and•delivery, or sequestration. The statutes usually allowed the plaintiff to recover the disputed chattel before trial, though this is now subject to constitutional limits which have led to procedural revisions in many of the statutes." 1 Dan B.

replevin bond See BOND (2).

replevin bond (ri-plev-in). 1. A bond given by a plaintiff to replevy or attach property in the defendant's possession before judgment is rendered in a replevin action .The bond protects the attaching officer and ensures the property's safekeeping until the court decides whether it should be returned to the defen-dant. - Also termed replevy bond. See REPLEVIN. 2. A bond given by a defen-dant in a replevin action to regain attached property pending the outcome of litigation . The bond does not discharge the attachment lien. Also termed replevy bond; claimproperty bond; redelivery bond. Cf.forthcoming bond.

replevin in cepit (in see-pit). An action for the repossession of property that is both wrongfully taken and wrongfully detained.

replevin in detinet (in det-i-net). An action for the repossession of property that is rightfully taken but wrongfully detained.

replevisable See REPLEVIABLE.

replevisor (ri-plev-a-sar). The plaintiff in a replevin action.

replevy (ri-plev-ee), n. Archaic. REPLEVIN.

replevy 1. To recover possession of (goods) by a writ of replevin. 2. To recover (goods) by replevin. 3. Archaic. To bail (a prisoner).

replevy bond See replevin bond under BOND (2).

repliant (ri-pli-ant). A party who makes a replication (Le., a common-law reply). Also termed replicant.

replicare (rep-la-kair-ee), vb. [Latin]. To reply; to answer a defendant s plea.

replicatio (rep-li-kay-shee-oh), n. [Latin] Roman law. A plaintiff s rejection of what a defendant asserted in an exceptio; a counterexception. PL replicationes (rep-li-kay-shee-oh-neez). Cf. TRIPLICATIO; QUADRUPLICATIO.

replication (rep-la-kay-shan). A plaintiff s or complainant reply to a defendant s plea or answer; REPLY (2).

replication de injuria Common-law pleading. A traverse occurring only in the replication whereby the plaintiff is permitted to traverse the whole substance of a plea consisting merely of legal excuse, when the matter does not involve a title or interest in land, authority oflaw, authority of fact derived from the opposing party, or any matter of record. Also termed replication de injuria sua propria, absque tali causa.

replication perfraudem Common-law pleading. A replication asserting that the discharge pleaded by the defendant was obtained by fraud.

reply 1. Civil procedure. In federal practice, the plaintiff response to the defendant s counterclaim (or, by court order, to the defendant or a third party answer). Fed. R. Civ. P. 7(a). 2. Common-law pleading. The plaintiff s response to the defendant plea or answer. - The reply is the plaintiff s second pleading, and it is followed by the defendant rejoinder. Also termed (in sense 2) replication. reply, vb.

reply brief See BRlEF.

reply brief A brief that responds to issues and arguments raised in the brief previously filed by one's opponent; esp., a movant's or appellant's brief filed to rebut a briefin opposition, See REBUTTAL (3),

repo (ree-poh). 1. REPOSSESSION. 2. REPURCHASE AGREEMENT.

report 1. A formal oral or written presentation of facts or a recommendation for action <according to the treasurer s report, there is $300 in the bank>.

report agenda See report calendar under CALENDAR (4).

report agenda See report calendar under CALENDAR (4).

report calendar The list of business coming before a deliberative assembly for information only rather than for its vote. An item on the report calendar may be the subject of a vote in the future. Also termed report agenda.

report calendar See CALENDAR (4).

report of proceedings See TRANSCRIPT.

report with recommendation Parliamentary law. A report accompanied by a recommendation for action. 2. A written account of a court proceeding and judicial decision <the law clerk sent the court s report to counsel for both sides>. 3. (usu. pl.) A published volume of judicial decisions by a particular court or group of courts <u.s. Reports>. Generally, these decisions are first printed in temporary paperback volumes, and then printed in hardbound reporter volumes. Law reports may be either official (published by a government entity) or unofficial (published by a private publisher). Court citations frequently include the names of both the official and unofficial reports. Also termed reporter; law report; law reporter. Cf. ADVANCE SHEETS.

report with recommendation See REPORT (1).

reporter 1. A person responsible for making and publishing a report; esp., a lawyer-consultant who prepares drafts of official or semi-official writings such as court rules or Restatements <the reporter to the Advisory Committee on Bankruptcy Rules explained the various amendments>. 2. REPORTER OF DECISIONS. 3. REPORT (3) <Supreme Court Reporter>. - Abbr. rep.; rptr. "It may not come amiss to remark that the National Report System is usually spoken of as the Reporters, and one of the component parts of that system is in like manner spoken of as a Reporter. Wherever, in this or the succeeding chapters of this work, the word is used with a capital, it refers to one or more of the parts of the National Reporter System. When the word reporter is used without capitalization, it refers to the person who reports or edits the cases in any series of reports to which reference is being made." William M. Lile et aI., Brief Making and the Use of Law Books 37 (3d ed, 1914).

reporter of decisions The person responsible for publishing a court s opinions. The position began historically in the years before systematic reporting of decisions was introduced - when lawyers attended the sessions of particular courts, were accredited to them by the judges, and reported the decisions of that court. Today, the reporter of decisions holds an administrative post as a court employee. The reporter often has duties that include verifying citations, correcting spelling and punctuation, and suggesting minor editorial improvements before judicial opinions are released or published. - Often shortened to reporter. Also termed court reporter. See COURT REPORTER.

reporter s privilege See journalist s privilege (1).

reporter s privilege See journalist s privilege (1) under PRIVILEGE (3).

reporter s record 1. See RECORD. 2. See TRANSCRIPT.

reporter s syllabus See HEADNOTE.

reporting company See COMPANY.

reporting company A company that, because it issues publicly traded securities, must comply with the reporting requirements of the Securities Exchange Act of 1934.

reports See REPORT.

Reports, The A series of 13 volumes of caselaw published in the 17th century by Sir Edward Coke.

repose (ri-pohz), 1. Cessation of activity; temporary rest. 2. A statutory period after which an action cannot be brought in court, even if it expires before the plaintiff suffers any injury. See STATUTE OF REPOSE.

repository (ri-poz-a-tor-ee). A place where something is deposited or stored; a warehouse or storehouse.

repossession The act Of an instance of retaking property; esp., a seller s retaking ofgoods sold on credit when the buyer has failed to pay for them. Often shortened to repo. Cf. FORECLOSURE; RESCUE (3). - repossess, vb.

representation 1. A presentation offact either by words or by conduct made to induce someone to act, esp. to enter into a contract; esp., the manifestation to another that a fact, including a state of mind, exists <the buyer relied on the seller s representation that the roof did not leak>. Cf. MISREPRESENTATION. "Representation ... may introduce terms into a contract and affect performance: or it may induce a contract and so affect the intention of one of the parties, and the formation of the contract.. , . At common law, if a representation did not afterwards become a substantive part of the contract, its untruth (save in certain excepted cases and apart always from fraud) was immaterial. But if it did. it might be one of two things: (I) it might be regarded by the parties as a vital term going to the root of the contract (when it is usually called a condition); and in this case its untruth entitles the injured party to repudiate the whole contract; or (2) it might be a term in the nature only of an independent subsidiary promise (when it is usually called a warranty), which is indeed a part of the contract, but does not go to the root of it; in this case its untruth only gives rise to an action ex contractu for damages, and does not entitle the injured party to repudiate the whole contract." William R. Anson, Principles of the Law ofContract 218, 222 (Arthur L. Corbin ed., 3d Am. ed. 1919).

representation election See ELECTION (3).

representation election An election held by the National Labor Relations Board to decide whether a certain union will represent employees in a bargaining unit. See BARGAINING UNIT.

representation, estoppel by See estoppel by representation under ESTOPPEL.

representative 1. One who stands for or acts on behalf of another <the owner was the football team s representative at the labor negotiations>. See AGENT (2).

representative action 1. CLASS ACTION. 2. DERIVATIVE ACTION (1).

representative action 1.See CLASS ACTION. 2. See DERIVATIVE ACTION (1).

representative capacity The position of one standing or acting for another, esp. through delegated authority <an agent acting in a representative capacity for the principal>. 2. The power to create or enter into a legal relation under the same circumstances in which a normal person would have the power to create or enter into such a relation; specif., the satisfaction of a legal qualification, such as legal age or soundness of mind, that determines one's ability to sue or be sued, to enter into a binding contract, and the like <she had full capacity to bind the corporation with her signature>. Unless necessary to show the court's jurisdiction, a plaintiffs pleadings need not assert the legal capacity ofany party. A party wishing to raise the issue of capacity must do so by specific negative pleading. Fed. R. Civ. P.9(a). Also termed (specif.) capacity to sue; power over oneselj: See STANDING. Cf. I,ACK OF CAPACITY. Infants 5,6,22,46,70.] 3. The mental ability to understand the nature and effect of one's acts <his acute pain reduced his capacity to understand the hospital's admission form>. Also termed mental capacity; sane memory. See COMPETENCY.

representative capacity See CAPACITY (1).

representee One to whom a representation is made. "First, where the representor can show that he was not negligent, he will not be liable under the 1967 Act; and secondly, where the representee wants to claim damages at the contractual rate, for loss of his bargain, it may be that the Misrepresentation Act will not suffice." P.S. Atiyah, An Introduction to the Law of Contract 165 (3d ed. 1981).

representor One who makes a representation. "[I]t is arguable that even where a contracting party does not intend to guarantee the accuracy of what he says, the other party is at least entitled to assume that due care has been taken by the representor." P.S. Atiyah, An Introduction to the Law of Contract 309 (3d ed. 1981).

repressed-memory syndrome A memory disorder characterized by an intermittent and extensive inability to recall important personal information, usu. following or concerning a traumatic or highly stressful occurrence, when the memory lapses cannot be dismissed as normal forgetfulness. The theoretical basis for this syndrome was proposed by Sigmund Freud in 1895. The American Psychiatric Association has recognized the syndrome officially by the medical term dissociative amnesia. Although the APA has affirmed that some people suffering partial or total dissociative amnesia may later recover some or all of the memory of the traumatic or stressful event, the existence of the syndrome is controversial. Some studies indicate that "repressed" memories, at least in some patients, may be a product of suggestions made by mental-health therapists rather than of any actual experience. Abbr. RMS. Also termed recovered-memory syndrome; dissociative amnesia. Cf. FALSE-MEMORY SYNDROME.

repressive tax See sin tax under TAX.

repressive tax See sin tax.

reprieve (ri-preev), Temporary postponement of the carrying out of a criminal sentence, esp. a death sentence. Cf. COMMUTATION (2); PARDON. - reprieve, vb. The term reprieve is derived from reprendre, to keep back, and signifies the withdrawing of the sentence for an interval of time, and operates in delay of execution." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 757 (2d ed, 1826).

reprimand In professional responsibility, a form of disciplinary action - imposed after trial or formal charges - that declares the lawyer s conduct improper but does not limit his or her right to practice law; a mild form of lawyer discipline that does not restrict the lawyer s ability to practice law. reprimand, vb.

reprisal (ri-pri-zal). 1. (often pl.) The use of force, short of war, against another country to redress an injury caused by that country. Reprisals is a word with a long history, and modern writers are not agreed on the meaning which should be given to it today. Literally and historically it denotes the seizing of property or persons by way of retaliation. Reprisals when they are taken today are taken by a state, but some writers would still limit the word to acts of taking or withholding the property of a foreign state or its nationals, for example by an embargo, whilst others would abandon the historical associations and use it to denote any kind of coercive action not amounting to war whereby a state attempts to secure satisfaction from another for some wrong which the latter has committed against it." J.L. Brierly, The Law of Nations 321-22 (5th ed. 1955).

reprise (ri-priz). An annual deduction, duty, or payment out of a manor or estate, such as an annuity.

reprobation (rep-ra-bay-shan). The act of raising an objection or exception, as to the competency of a witness or the sufficiency of evidence. reprobationary (rep-ra-bay-sha-ner-ee), reprobative (rep-ra-bay¬tiv), adj. reprobate (rep-ra-bayt), vb.

reprobator (rep-ra-bay-tar). A challenge to disqualify a witness or to invalidate the testimony of an objectionable witness. Also termed action of reprobator.

reproduction right A copyright holder s exclusive right to make copies or phonorecords of the protected work. Unauthorized copying constitutes infringement. Also termed right of reproduction. reproductive rights. A person s constitutionally protected rights relating to the control of his or her procreative activities; specif., the duster of civil liberties relating to pregnancy, abortion, and sterilization, esp. the personal bodily rights of a woman in her decision whether to become pregnant or bear a child. The phrase includes the idea of being able to make reproductive decisions free from discrimination, coercion, or violence. Human-rights scholars increasingly consider many reproductive rights to be protected by international human-rights law.

republic A system of government in which the people hold sovereign power and elect representatives who exercise that power. It contrasts on the one hand with a pure democracy, in which the people or community as an organized whole wield the sovereign power of government, and on the other with the rule of one person (such as a king or dictator) or of an elite group (such as an oligarchy, aristocracy, or junta). Abbr. rep. Cf. DEMOCRACY. republican, adj. A republic is a government which (a) derives all of its powers directly or indirectly from the great body of the people and (b) is administered by persons holding their office during pleasure, for a limited period, or during good behavior." Robert A. Dahl, A Preface to Democratic Theory 10 (1956).

republican government A government in the republican form; specif., a government by representatives chosen by the people.

republican government See GOVERNMENT.