Law Dictionary
	Search:

republication The act or an instance of publishing again or anew. 2. Wills & estates. Reestablishment of the validity of a previously revoked will by repeating the formalities of execution or by using a codiciL. The result is to make the old will effective from the date of republication. Also termed revalidation. Cf. REVIVAL (2).3. Defamation. The act or an instance of repeating or spreading more widely a defamatory statement. republish, vb

repudiate 1. To reject or renounce (a duty or obligation); esp., to indicate an intention not to perform (a contract). 2. To divorce or disown (one s wife).

repudiatee (ri-pyoo-dee-a-tee). A party to a contract that has been repudiated by the other party.

repudiation (ri-pyoo-dee-ay-shan). 1. Eccles. law. Rare. A person s refusal to accept a benefice. 2. A contracting party s words or actions that indicate an intention not to perform the contract in the future; a threatened breach of contract. Cf. REJECTION (1), (2); RESCISSION; REVOCATION (1). - repudiatory (ri-pyoo-dee-a-tor-ee), repudi¬able (ri-pyoo-dee-a-ba1), adj. A repudiation is (a) a statement by the obligor to the obligee indicating that the obligor will commit a breach that would of itself give the obligee a claim for damages for total breach or (b) a voluntary affirmative act which renders the obligor unable or apparently unable to perform without such a breach." Restatement (Second) of Contracts § 250 (1979). In order to constitute a repudiation, a party s language must be sufficiently positive to be reasonably interpreted to mean that the party will not or cannot perform. Mere expression of doubt as to his Willingness or ability to perform is not enough to constitute a repudiation, although such an expression may give an obligee reasonable grounds to believe that the obligor will commit a serious breach and may ultimately result in a repudiation However, language that under a fair reading amounts to a statement of intention not to perform except on conditions which go beyond the contract constitutes a repudiation." Restatement (Second) of Contracts § 250, cmt. b (1979).

repudiator (ri-pyoo-dee-ay-tar). One who repudiates; esp., a party who repudiates a contract.

repudium (ri-pyoo-dee-am), n. [Latin] Roman law. The revocation of betrothal or marriage by either the man or the woman. After Augustus, it was necessary to send the other spouse a letter of repudiation in order to terminate the marriage. Cf. DIVORTlUM.

repugnancy (ri-pag-nan-see). An inconsistency or contradiction between two or more parts of a legal instrument (such as a contract or statute).

repugnant (ri-pag-nant), adj. Inconsistent or irreconcilable with; contrary or contradictory to <the court s interpretation was repugnant to the express wording of the statute>.

repugnant verdict See VERDICT.

repurchase The act or an instance of buying something back or again; esp., a corporation s buying back of some or all ofits stock at market price. See REDEMPTION. - repurchase, vb.

repurchase agreement A short-term loan agreement by which one party sells a security to another party but promises to buy back the security on a specified date at a specified price. - Often shortened to repo.

repurchase price See redemption price under PRICE.

reputation The esteem in which a person is held by others. - Evidence of reputation may be introduced as proof of character whenever character evidence is admissible. Fed. R. Evid. 405. - Also termed personal reputation. See character evidence under CHARACTER. - reputationaI, adj.

reputation evidence See EVIDENCE.

reputation evidence Evidence of what one is thought by others to be. Reputation evidence may be introduced as proof of character when character is in issue or is used circumstantially. Fed. R. Evid. 405(a). - Also termed reputalional evidence. Cf. character evidence.

reputational evidence See reputation evidence under EVIDENCE.

reputed manor See MANOR.

request Parliamentary law. A motion by which a member invokes a right, seeks permission for the exercise of a privilege, or asks a question. Cf. MOTION (2); DEMAND (2); INQUIRY (2); POINT (2).

request for permission to modify a motion See REQUEST.

request for admission Civil procedure. In pretrial discovery, a party s written factual statement served on another party who must admit, deny, or object to the substance of the statement. Ordinarily, many requests for admission appear in one document. The admitted statements, along with any statements not denied or objected to, will be treated by the court as established and therefore do not have to be proved at trial. Fed. R. Civ. P. 36. Abbr. RFA. Also termed request for admissions; request to admit; notice to admit.

request for continued examination A means of negating the final action on a patent so that the applicant can file amendments, new claims, etc. to show that the invention is patentable as of the original application date Unlike a continuation application, a request for continued examination keeps a patent alive as if no final decision had been made. It allows prosecution of claims that have been rejected in a final office action to continue. - Abbr. RCE. Cf. CONTINUATION.

request for instructions Procedure. During trial, a party s written request that the court instruct the jury on the law as set forth in the request. See Fed. R. Civ. P.51. Abbr. RFI. - Also termed request to charge.

request for leave to modify a motion See request for permission to modify a motion.

request for leave to modify a motion See REQUEST.

request for leave to withdraw a motion See request for permission to withdraw a motion.

request for leave to withdraw a motion See REQUEST.

request for permission to withdraw a motion A motion by the mover to end consideration of the motion without reaching a decision on its merits. See request for permission to modify a motion. - Also termed request for leave to withdraw a motion.

request for permission to withdraw a motion See REQUEST.

request for production Procedure. In pretrial discovery, a party s written request that another party provide specified documents or other tangible things for inspection and copying. Fed. R. Civ. P. 34. Abbr. RFP. Also termed document request; request for production ofdocuments; notice to produce; demand for document inspection.

request for proposal An invitation to prospective suppliers or contractors to submit proposals or bids to provide goods or services. Unlike most invitations for bids, an RFP requires bidders to give more information than the proposed price. For instance, bidders may have to provide evidence of good financial condition, acceptable technical capability, stock availability, and customer satisfaction. - Abbr. RFP.

request for reconsideration An applicant s submission of further arguments after a patent claim s rejection.

request for reexamination A formal process of asking the Patent and Trademark Office to review an in~force patent s validity in light of prio-rart references. - Anyone, including the patent owner or an infringer, may request a patent s reexamination.

request for relief See PRAYER FOR RELIEF.

request to admit See REQUEST FOR ADMISSION.

request to be excused from a duty A motion seeking relief from a duty that an officer or other member has been charged with.

request to be excused from a duty See REQUEST.

request to charge See REQUEST FOR INSTRUCTIONS.

request to read papers See REQUEST.

request to read papers 1. A motion asking permission to read aloud from printed matter. Reading aloud is generally not allowed without permission. 2. A motion asking that the chair or secretary read aloud a document for the mover or the assembly information.

requestfor permission to modify a motion A motion by which the mover seeks an amendment to his or her own motion after the chair has stated the motion. The mover controls a motion only until the chair states the question. After that, the motion belongs to the assembly and the mover cannot modify it without the assembly s permission. See friendly amendment under AMENDMENT (3). - Also termed request for leave to modify a motion.

required reserve The minimum amount of money, as required by the Federal Reserve Board, that a bank must hold in the form of vault cash and deposits with regionall;ederal Reserve Banks.

required reserve See RESERVE.

required~records doctrine The principle that the privilege against self-incrimination does not apply when one is being compelled to produce business records that are kept in accordance with government regulations and that involve public aspects. Some courts have held that certain medical records and tax forms fall within this doctrine and are thus not protected by the privilege against self-incrimination.

required-request law A law mandating that hospital personnel discuss with a deceased patient relatives the possibility of an anatomical gift. The Uniform Anatomical Gift Act (not in effect in some states) mandates a required-request law.

requirement for division See RESTRICTION (4).

requirement for restriction See RESTRICTION (4).

requirements contract A contract in which a buyer promises to buy and a seller to supply all the goods or services that a buyer needs during a specified period. The quantity term is measured by the buyer's requirements. A requirements contract assures the buyer ofa source for the period of the contract. Cf. output contract.

requirements contract See CONTRACT.

requirements testing See ACCEPTANCE TESTING.

requisition (rek-wa-zish-an), n. 1. An authoritative, formal demand <a state governor s requisition for another state s surrender of a fugitive>. 2. A governmental seizure of property <the state s requisition of the shopping center during the weather emergency>. See TAKING (2). - requisition, vb.

requisitionist One who makes a formal demand (as for the performance of an obligation or the return of a fugitive). See REQUISITION (1).

requisitory letter See LETTER OF REQUEST.

rere-county (reer-kown-tee). A subsidiary English county court held by the sheriff on the day after the regular county court. Also spelled rere county; rier county.

re-refer (Of the U.S. House of Representatives) to refer a bill to a different committee from the one it was originally referred to.

re-refer See REFER.

res (rays or reez or rez), n. [Latin "thing"]. 1. An object, interest, or status, as opposed to a person <jurisdiction of the res the real property in Colorado>. 2. The subject matter of a trust; CORPUS (1) <the stock certificate is the res of the trust>. Pi. res.

res habiles (rays hab-a-Ieez), n. pl. [tatin] Civil law. Things that may be acquired by prescription.

res nullius (rays na-h-as). [Latin "thing of no one"] A thing that can belong to no one; an ownerless chattel.

res accessoria (rays ak-ses-or-ee-a). [Latin] Civil law. An accessory thing; a thing that is related to a principal thing. PI. res accessoriae.

res adjudicata (rays a-joo-di-kay-ta or -kah-ta. See RES JUDICATA.

res aliena (rays ay-lee-ee-na or al-ee-). [Latin] Archaic. The property belonging to another.

res aliena scienter legata (rays ay-lee-ee-na [or al-ee-] si-en-tar la-gay-ta). [Latin]. The property of another knowingly bequeathed that is, property that a testator did not own but purported to bequeath by will.

res alienari prohibita (rays ay-lee-a-nair-i proh-hib¬i-ta). [Law Latin]. A thing that cannot be alienated.

res caduca (rays a-d[y]oo-ka). [Latin] Civil law. A fallen thing; an escheat. PI. res caducae.

res communes (rays ka-myoo-neez), n. pl. [Latin "common things"] Civil law. Things common to all; things that cannot be owned or appropriated, such as light, air, and the sea. La. Civ. Code art. 449.

res controversa (rays kon-tra-var-sa). [Latin] Civil law. A matter in controversy; a pOint in question. PI. res controversae.

res coronae (rays ka-roh-nee), n. pl. [Latinl. Things of the Crown, such as ancient manors, homages of the king, and liberties.

res corporales (rays kor-pa-ray-leez), n. pI. [Latin] Civil law. Corporeal things; tangible things that are perceptible to the senses. La. Civ. Code art. 461. See corporeal thing under THING.

res derelicta (rays der-a-lik-ta). [Latin] A thing thrown away or forsaken by its owner; abandoned property.

res dominans (rays dom-a-nanz). [Latin] The dominant property entitled to enjoy a servitude. See dominant estate under ESTATE.

res fit inempta (rays fit in-emp-ta). [Latin]. The object is regarded as unbought. This is the ancient way of saying, "The sale is off."

res gestae (rays jes-tee also jes-ti), n. pI. [Latin "things done"]. The events at issue, or other events contemporaneous with them. In evidence law, words and statements about the res gestae are usu. admissible under a hearsay exception (such as present sense impression or excited utterance). Where the Federal Rules of Evidence or state rules fashioned after them are in effect, the use of res gestae is now out of place. See Fed. R. Evid. 803(1), (2). - Also termed res gesta. The Latin expression res gestae or res gesta, literally things done or thing transacted, has long served as a catchword [T]he phrase has frequently served both to let in utterances which in strictness were not admissible and to exclude tterances which might well have been admitted. And frequently also its indefiniteness has served as a basis for rulings where it was easier for the judge to invoke this mposing catchword than to think through the real question involved. The phrase is antiquated. By modern judges it is being gradually discarded. It is superfluous, and serves only to obscure the logic of the rules. It should be left to oblivion." John H. Wigmore, A Students Textbook of the Law of Evidence 279 (1935). The res gestae embraces not only the actual facts of the transaction and the circumstances surrounding it, but the matters immediately antecedent to and having a direct causal connection with it, as well as acts immediately following it and so closely connected with it as to form in reality a part of the occurrence." State v. Fouquette. 221 P.2d 404, 416-17 (Nev. 1950).

res gestae witness See WITNESS.

res immobiles (rays i-moh-ba-Ieez), n. pl. [Latin] Civil law. Immovable things; chattels real. See IMMOBILIA.

res in privatorum patrimonio See RES PRIVATAE.

res incorporales (rays in-kor-pa-ray-leez), n. pl. [Latin] Civil law. Incorporeal things; intangible things that are not perceptible to the senses. See incorporeal thing under THING.

res integra (rays also in-teg-ra). [Latin "an entire thing"] See RES NOVA.

res inter alios acta (rays in-tar ay-Iee-ohs ak-ta). [Latin "a thing done between others"] 1. Contracts. The common-law doctrine holding that a contract cannot unfavorably affect the rights of a person who is not a party to the contract. 2. Evidence. The rule prohibiting the admission of collateral facts into evidence.

res ipsa loquitur (rays ip-sa loh-kwa-tar). [Latin "the thing speaks for itself]. The doctrine providing that, in some circumstances, the mere fact of an accident s occurrence raises an inference of negligence that establishes a prima facie case. Often shortened to res ipsa. "The phrase res ipsa loquitur is a symbol for the rule that the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff s prima facie case, and present a question of fact for defendant to meet with an explanation. It is merely a short way of saying that the circumstances attendant on the accident are of such a nature as to justify ajury, in light of common sense and past experience, in inferring that the accident was probably the result of the defendant s negligence, in the absence of explanation or other evidence which the jury believes." Stuart M. Speiser, The Negligence Case: Res Ipsa Loquitur§ 1:2, at 5-6 (1972). It is said that res ipsa loquitur does not apply if the cause of the harm is known. This is a dark saying. The application of the principle nearly always presupposes that some part of the causal process is known, but what is lacking is evidence of its connection with the defendant s act or omission. When the fact of control is used to justify the inference that defendant s negligence was responsible it must of course be shown that the thing in his control in fact caused the harm. In a sense, therefore, the cause of the harm must be known before the maxim can apply. H.l.A. Hart & Tony Honore, Causation in the Law 419-20 (2d ed. 1985). "Res ipsa loquitur is an appropriate form of circumstantial evidence enabling the plaintiff in particular cases to establish the defendant s likely negligence.

res ipsa loquitur test (rays ip-sa-loh-kwa-tar). A method for determining whether a defendant has gone beyond preparation and has actually committed an attempt, based on whether the defendant s act itself would have indicated to an observer what the defendant intended to do. Also termed equivocality test. See ATTEMPT (2).

res judicata (rays joo-di-kay-ta or -kah-ta). [Latin "a thing adjudicated]. 1. An issue that has been definitively settled by judicial decision. 2. An affirmative defense barring the same parties from litigating a second lawsuit on the same claim, or any other claim arising from the same transaction or series of transactions and that could have been but was not raised in the first suit. The three essential elements are (1) an earlier decision on the issue, (2) a final judgment on the merits, and (3) the involvement of the same parties, or parties in privity with the original parties. Restatement (Second) of Judgments §§ 17,24 (1982). Also termed res adjudicata; claim preclusion; doctrine of res judicata. Cf. COLLATERAL ESTOPPEL. Res judicata has been used in this section as a general term referring to all of the ways in which one judgment will have a binding effect on another. That usage is and doubtless will continue to be common, but it lumps under a single name two quite different effects of judgments. The first is the effect of foreclosing any litigation of matters that never have been litigated, because of the determination that they should have been advanced in an earlier suit. The second is the effect of foreclosing relitigation of matters that have once been litigated and decided. The first of these, preclusion of matters that were never litigated, has gone under the name, true res judicata, or the names, merger and bar. The second doctrine, preclusion of matters that have once been decided, has usually been called collateral estoppel. Professor Allan Vestal has long argued for the use of the names claim preclusion and issue preclusion for these two doctrines [Vestal, Rationale of Preclusion, 9 St. Louis U. L.j. 29 (1964)], and this usage is increasingly employed by the courts as it is by Restatement Second of Judgments.

res litigiosae (rays li-tij-ee-oh-see), n. pl. [Latin] Civil law. Things that are in litigation; property or rights that are the subject of a pending action.

res mancipi (rays man-sa-pi). [Latin "things of mandpium"] Roman law. Property, specifically Italic land with its rustic servitudes and beasts of draft or burden, that can be transferred only by a formal ceremony of mancipation. - Also termed mancipi res; things mancipi. See MANCIPATION.

res merae facultatis (rays meer-ee fak-al-tay-tis). [Law Latin] Scots law. A matter of mere power. Res merae facultatis .... Such, for example, is the right which a proprietor has of building upon his own property, or which anyone has of walking upon the seashore, or sailing upon the sea, or on any navigable river. It is a right which mayor may not be exercised at the pleasure of him who holds it; and such rights are never lost by their non-exerCise for any length of time, because it is of their essential character that they may be used or exercised at any time." John Trayner, Travner s Latin Maxims 554 (4thed.1894).

res mobiles (rays moh-ba-leez), n. pl. [Latin] Civil law. Movable things; chattels personal.

res nee mancipi (rays nek man-sa-pi). [Latin "things not of mancipium"] Roman law. Property that can be transferred without a formal ceremony of mancipation. Also termed things nee mancipi.

res non est integra (rays non est in-ta)-gra). [Latin]. The original position has changed; performance has taken place (in whole or in part).

res nova (rays noh-va). [Latin "new thing"]l. An undecided question aflaw. 2. A case of first impression. Also termed res integra. See case offirst impression under CASE.

res privatae (rays pri-vay-tee), n. pI. [Latin "private things"] Roman & civil law. Things that can be owned by individuals or by the state and its political subdivisions in their capacity as private citizens. La. Civ. Code art. 450. Also termed res in privatorum patrimonio.

res publicae (rays pab-li-see), n. pl. [Latin "public things"] Roman & civil law. Things that cannot be indiVidually owned because they belong to the public, such as the sea, navigable waters, and highways. Public things are owned by the state and its political subdivisions in their capacity as public persons. La. Civ. Code art. 449.

res quotidianae (rays kwoh-tid-ee-ay-nee), n. pl. [Latin] Civil law. Everyday matters; familiar points or questions.

res religiosae (rays ri-lij-ee-oh-see), pl. [Latin] Civil law. Religious things; esp., burial places.

res repetundae (rays rep-a-tan-dee). [Latin "things due to be repaid"] Roman law. I. Money or things that can be reclaimed by a person who was forced to give them to a public officiaL 2. The illegal act of forcing someone to give money or things; extortion. - Sometimes (erro¬neously) shortened to repetundae. See CRIMEN REPE¬TUNDARUM.

res sanctae (rays sangk-tee), n. pl. [Latin "sacred things"] Roman law. The walls of a city. The Romans considered maintenance of city walls so important that damage to a citys walls was a capital offense.

res serviens (rays sar-vee-enz). [Latin] The servient property subject to a servitude. See servient estate under ESTATE (4).

res singulorum (rays sing-gya-lor-am). [Latin]. The property of individuals.

res sua (rays s[y]oo-a). [Latin]. Ones own property.

res universitatis (rays yoo-na-var-sa-tay-tis), n. pl. [Latin] Roman law. Things belonging to a community or corporate body and free to be used by all its members.

resale 1. The act of selling goods or property previously sold to a buyer who breached the sales contract to someone else. UCC § 2-706. 2. A retailer selling of goods, previously purchased from a manufacturer or wholesaler, usu. to consumers or to someone else further down the chain of distribution. resell, vb.

resale-price maintenance A form of price-fixing in which a manufacturer forces or persuades several different retailers to sell the manufacturer product at the same price, thus preventing competition. Resaleprice maintenance is not per se illegal under antitrust law, but it is illegal ifit produces anticompetitive effects under the rule of reason. A manufacturer may suggest a retail price as long as it does not compel retailers to sell at that price. See RULE OF REASON; vertical pricefixillgunder PRICE-FIXING.