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resceit (ri-seet). The admittance of an interested third party to plead in a case between two others; intervention.

rescind (ri-sind), 1. To abrogate or cancel (a contract) unilaterally or by agreement. 2. To make void; to repeal or annul <rescind the legislation>. 3. Parliamentary law. To void, repeal, or nullify a main motion adopted earlier. Also termed annul; repeal. rescindable, adj.

rescind and expunge See EXPUNGE (2).

rescissio (ri-sis[h)-ee-oh). [Latin] Civil law. Annulment or voidance of a juridical act; rescission. PI. rescissiones.

rescission (ri-sizh-an). 1. A party s unilateral unmaking of a contract for a legally sufficient reason, such as the other party s material breach, or a judgment rescinding the contract; VOIDAKCE. Rescission is generally available as a remedy or defense for a nondefaulting party and is accompanied by restitution of any partial performance, thus restoring the parties to their precontractual positions. Also termed avoidance. 2. An agreement by contracting parties to discharge all remaining duties of performance and terminate the contract. Also spelled recision; recission. Also termed (in sense 2) agreement of rescission; mutual rescission; abandonment. Cf. REJECTION (2); REPUDIATION (2); REVOCATION (1). - rescissory (ri-sis-a¬ ree or ri-siz-), adj. "The [UCC] takes cognizance of the fact that the term rescission is often used by lawyers, courts and businessmen in many different senses; for example, termination of a contract by virtue of an option to terminate in the agreement, cancellation for breach and avoidance on the grounds of infancy or fraud. In the interests of clarity of thought - as the consequences of each of these forms of discharge may vary the Commercial Code carefully distinguishes three circumstances. Rescission is utilized as a term of art to refer to a mutual agreement to discharge contractual duties. Termination refers to the discharge of duties by the exercise of a power granted by the agreement. Cancellation refers to the putting an end to the contract by reason of a breach by the other party. Section 2-720, however, takes into account that the parties do not necessarily use these terms in this way." John D. Calamari &Joseph M. Perillo, The Law of Contracts § 21-2. at 864-65 (3d ed. 1987).

rescissory action See ACTION (4).

rescissory action Scots law. An action to set aside a deed.

rescissory damages (ri-sis-a-ree or ri-siz-). Damages awarded to restore a plaintiff to the position occupied before the defendant's wrongful acts.

rescissory damages See DAMAGES.

rescous (res-kas). 1. RESCUE (2). 2. RESCUE (3).

rescript (ree-skript). 1. A judge s written order to a court clerk explaining how to dispose of a case. 2. An appellate court s written decision, usu. unsigned, that is sent down to the trial court. 3. A Roman emperor s or a Pope s written answer to a legal inquiry or petition. Cf. PRECES. Also termed (when the reply is to a private citizen) annotation; subnotation; subscription; (when the reply is to an official body) epistle. 4. A duplicate or counterpart; a rewriting.

rescue 1. The act or an instance of saving or freeing someone from danger or captivity. 2. The forcible and unlawful freeing of a person from arrest or imprisonment. A rescue signifies a forcible setting at liberty, against law, of a person duly arrested. It is necessary, that the rescuer should have knowledge that the person whom he sets at liberty has been apprehended for a criminal offence. if he be in the custody of a private person; but if he be under the care of an officer. then he is to take notice of it at his periL" 1 Joseph Chitty, A Practical Treatise on the Criminal Law62 (2d ed. 1826). 3. The forcible retaking by the owner of goods that have been lawfullv distrained. Also termed (in senses 2 & 3) rescous. C£ REPOSSESSION. 4. The retaking of a prize by persons captured with it, so that the property is legally restored to its original owner. See POSTLIMINIUM (3). rescue, vb.

rescue clause See SUE-AND-LABOR CLAUSE.

rescue doctrine The principle that a tortfeasor who negligently endangered a person is liable for injuries to someone who reasonably attempted to rescue the person in danger. The rationale for this doctrine is that an attempted rescue of someone in danger is always foreseeable. Thus, if the tortfeasor is negligent toward the rescuee, the tortfeasor is also negligent toward the rescuer. Also termed dangerinvites-rescue doctrine. Cf. EMERGENCY DOCTRINE; GOOD SAMARITAK DOCTRINE. "Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognizes them as normal. It places their effects within the range of the natural and probable. The wrong that imperils life is a wrong to the imperiled victim; it is a wrong also to his rescuer .... The railroad company whose train approaches without signal is a wrongdoer toward the traveler surprised between the rails, but a wrongdoer also to the bystander who drags him from the path .... The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." Wagner v. International Ry. Co., 133 N.E. 437, 437-38 (N.Y. 1921).

rescue syndrome A situation in which a child in a custody battle expresses a preference for the parent perceived by the child to be the "weaker" of the two, in the belief that the parent needs the child. This is a form of parent-alienation syndrome. One parent may overtly or subtly act increasingly dependent on the child, leading the child to believe that he or she is responsible for the parent s comfort, happiness, and protection. The child may also believe that one parent is actively harming the other and attempt to protect the "weaker" parent by choosing to stay with that parent, even if the child would actually prefer to live with the "stronger" parent. Cf. LOLLIPOP SYNDROME; PARENTALIENATION SYNDROME.

rescussu See DE RESCUSSU.

research and development An effort (as by a company or business enterprise) to create or improve products or services, esp. by discovering new technology or advancing existing technology. - Abbr. Rand D; R&D.

Research and Special Programs Administration A unit in the U.S. Department of Transportation responsible for conducting research and engaging in special programs through several offices, including the Office of Hazardous Materials Safety, the Office of Pipeline Safety, the Transportation Systems Center, the Office of Emergency Transportation, the Office of Program Management and Administration, and the Office of Aviation Information Management. - Abbr. RSPA.

research attorney See ATTORNEY.

research attorney 1. An attorney who specializes in proViding legal support by researching, by writing memoranda, and by preparing drafts of documents. 2. CLERK (5). - In some jurisdictions, a research attorney is a midlevellaw clerk, above a briefing attorney but below a staff attorney.

research memorandum See MEMORANDUM.

reseiser (ri-see-zar). The taking of lands by the monarch in a case in which a general livery or ouster Ie main was previously misused.

resentencing The act or an instance of imposing a new or revised criminal sentence. - resentence, vb.

reservation 1. The creation of a new right or interest (such as an easement), by and for the grantor, in real property being granted to another. Cf. EXCEP¬TION (3).

reservation-of-rights letter A notice of an insurer s intention not to waive its contractual rights to contest coverage or to apply an exclusion that negates an insured s claim. - Also termed reservation of rights.

reserve 1. Something retained or stored for future use; esp., a fund of money set aside by a bank or an insurance company to cover future liabilities.

reserve account See impound account.

reserve account See impound account under ACCOUNT.

reserve bank See member bank.

reserve bank See member bank under BANK.

Reserve Board See FEDERAL RESERVE BOARD OF GOVERNORS.

reserve clause A clause in a professional athlete s contract restricting the athlete s right to change teams, even after the contract expires Reserve clauses are uncommon in modern professional sports. Cf. FREE AGENCY.

reserve militia See MILITIA.

reserve price See PRICE.

reserve price In an auction, the amount that a seller of goods stipulates as the lowest acceptable offer. The reserve price mayor may not be announced. See WITH RESERVE; WITHOUT RESERVE.

reserve ratio The Federal Reserve Board s measurement of a member bank s required reserves. See required reserve under RESERVE.

reserved easement See EASEMENT.

reserved easement An easement created by the grantor of real property to benefit the grantor's retained property and to burden the granted property.

reserved land See RESERVATION (3).

reserved land See RESERVATION (3).

reserved point of law See POINT OF LAW.

reserved point of law An important or difficult point oflaw that arises during trial but that the judge sets aside for future argument or decision so that testimony can continue. - Also termed point reserved.

reserved power A political power that is not enumerated or prohibited by a constitution, but instead is reserved by the constitution for a specified political authority, such as a state government See TENTH AMENDMENT.

reserved power See POWER (3).

Reserved Power Clause See TENTH AMENDMENT.

reserved surplus See appropriated surplus (1).

reserved surplus See appropriated surplus (1) under SURPLUS.

reset 1. The act or an instance of knowingly receiving stolen goods. 2. Archaic. The harboring or sheltering of a criminal or outlaw. - resetter, n. - reset, vb.

resettlement 1. The settlement of one or more persons in a new or former place. See SETTLEMENT (6). 2. The reopening ofan order or decree for the purpose of correcting a mistake or adding something omitted. - resettle, vb.

resfungibiles (rays fan-jib-a-leez), n. pI. [Latin] Civil law. Fungible things; things that are commercially interchangeable.

resiance (rez-ee-ants). Archaic. Residence; abode.

resiant (rez-ee-ant), adj. Archaic. Continually dwelling or abiding in a place; resident.

resiant Archaic. A resident.

residence 1. The act or fact of living in a given place for some time <a year s residence in New Jersey>. Also termed residency. 2. The place where one actually lives, as distinguished from a domicile <she made her residence in Oregon. Residence usu. just means bodily presence as an inhabitant in a given place; domicile usu. requires bodily presence plus an intention to make the place one s home. A person thus may have more than one residence at a time but only one domicile. Sometimes, though, the two terms are used synonymously. Cf. DOMICILE (2). 3. A house or other fixed abode; a dwelling <a three-story residence>. 4. The place where a corporation or other enterprise does business or is registered to do business <Pantheon Inc s principal residence is in Delaware>.

residency 1. A place of residence, esp. an official one <the diplomat s residency>. 2. RESIDENCE (1) <one year s residency to be eligible for in-state tuition>.

resident 1. Affiliated with or working for a particular person or company <resident agent>. 2. Dwelling in a place other than one s home on a long-term basis <the hospital s resident patient>.

resident 1. A person who lives in a particular place. 2. A person who has a home in a particular place. In sense 2, a resident is not necessarily either a citizen or a domiciliary. Cf. CITIZEN (1); DOMICILIARY.

resident agent See registered agent under AGENT (2).

resident alie See ALIEN.

resident alien An alien who has a legally established domicile in the United States. See NATURALIZATION.

resident ambassador See AMBASSADOR.

resident ambassador An ambassador who resides in a foreign country as the permanent representative of a sovereign or nation. A resident ambassador has the right to request a personal interview with the host nation's head of state. Also termed ambassador leger; ordinary ambassador; ambassador ordinary.

residential care Foster-care placement involving residence in a group home or institution. This type of foster care is most commonly used for adolescents who have been adjudged to be delinquents or status offenders.

residential cluster. Land-use planning. An area of land developed as a unit with group housing and open ommon space. Cf. PLANNED-UNIT DEVELOPMENT.

residential community treatment center See HALFWAY HOUSE.

residential custody See PHYSICAl. CUSTODY (2).

residential custody See PHYSICAL CUSTODY (2).

residential parent See PARENT.

residential parent A parent who has primary residential responsibility for a child and who is not a dualresidential parent. See RESIDENTIAL RESPONSIBILITY. Cf. dual-residential parent.

residential responsibility Overnight responsibility for a child. See Principles of the Law of Family Dissolution: Analysis and Recommendations § 3.02 (2000). See CUSTODY; dual-residential parent, residential parent under PARENT.

residential time See VISITATION (2).

residua (ri-zij-oo-a). pl. RESIDUUM.

residual adj. Of, relating to, or constituting a residue; remaining; leftover <a residual claim> <a residual functional disability>.

residual 1. A leftover quantity; a remainder. 2. (often pl.) A disability remaining after an illness, injury, or operation. 3. (usu. pI.) A fee paid to a composer or performer for each repeated broadcast (esp. on television) of a film, program, or commercial.

residual estate See residuary estate under ESTATE (3).

residual value. See salvage value under VALUE (2).

residuary (ri-zij-oo-er-ee), adj. Of, relating to, or constituting a residue; residual <a residuary gift>.

residuary 1. See residuary estate under ESTATE (3). 2. See residuary legatee under LEGATEE.

residuary bequest See BEQUEST.

residuary clause Wills & estates. A testamentary clause that disposes of any estate property remaining after the satisfaction of all other gifts. - Also termed omnibus clause.

residuary devise See DEVISE.

residuary devise A devise of the remainder of the testator's property left after other spedfic devises are taken.

residuary devisee The person named in a will to receive the testator's remaining property after the other devises are distributed.

residuary devisee See DEVISEE.

residuary estate See ESTATE (3).

residuary estate The part of a decedent's estate remaining after payment of all debts, expenses, statutory claims, taxes, and testamentary gifts (special, general, and demonstrative) have been made. Also termed residual estate; residue; residuary; residuum.

residuary legacy See LEGACY.

residuary legatee See LEGATEE.

residue 1. Something that is left over after a part is removed or disposed of; a remainder. 2. See residuary estate under ESTATE (3).

residuqry bequest A bequest of the remain-der of the testator's estate, after the payment of the debts, legacies, and specific bequests. - Also termed remainder bequest.

residuum (ri-zij-oo-am). 1. That which remains; a residue. 2. See residuary estate under ESTATE (3). PI. residua (ri-zij-oo-a).

residuum rule Administrative law. The principle that an agency decision based partly on hearsay evidence will be upheld on judicial review only if the decision is founded on at least some competent evidence. The residuum rule has generally been rejected by federal and state courts.

resignation 1. The act or an instance of surrendering or relinquishing an office, right, or claim. 2. A formal notification of relinquishing an office or position. 3. The surrender to the lord of the vassal s interest in land. resign, vb.

resile (ri-zil), vb. 1. To retract (a statement, allegation, etc.). 2. To draw back (from an agreement, contract, etc.). 3. To return to one s original position.

resisting arrest The crime of obstructing or opposing a police officer who is making an arrest. Also termed resisting lawful arrest.

resisting process See OBSTRUCTION OF PROCESS.

resisting unlawful arrest The act of opposing a police officer who is making an unlawful arrest. Most jurisdictions have accepted the Model Penal Code position prohibiting the use of force to resist an unlawful arrest when the person arrested knows that a police officer is making the arrest. But some jurisdictions allow an arrestee to use nondeadly force to prevent the arrest. See Model Penal Code § 3.

resolution 1. Parliamentary law. A main motion that formally expresses the sense, will, or action of a deliberative assembly (esp. a legislative body). - A resolution is a highly formal kind of main motion, often containing a preamble, and one or more resolving clauses in the form, "Resolved, That ...."

Resolution Trust Corporation A federal agency established to act as a receiver for insolvent federal savingsand-loan associations and to transfer or liquidate those associations assets. The agency was created when the Federal Savings and Loan Insurance Corporation was abolished in 1989. Abbr. RTC. See FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION.

resolutions committee A committee charged with screening the original main motions offered for a convention's consideration. - Also termed reference committee; screening committee.