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retail installment contract A contract for the sale of goods under which the buyer makes periodic payments and the seller retains title to or a security interest in the goods. Also termed retail installment contract and security agreement; conditional sales contract. Cf. chattel mortgage under MORTGAGE.

retail installment contract See CONTRACT.

retail installment contract and security agreement See retail installment contract under CONTRACT.

retail installment sale See INSTALLMENT SALE.

retail installment sale See INSTALLMENT SALE.

retail sales tax See sales tax under TAX.

retailer A person or entity engaged in the business of selling personal property to the public or to consumers, as opposed to selling to those who intend to resell the items.

retainage (ri-tayn-ij). A percentage of what a landowner pays a contractor, withheld until the construction has been satisfactorily completed and all mechanics liens are released or have expired. - Also termed retained fund.

retained earnings A corporation's accumulated income after dividends have been distributed. Also termed earned surplus; undistributed profit.

retained earnings See EARNINGS.

retained income trust See grantor-retained income trust under TRUST.

retainer 1. A clients authorization for a lawyer to act in a case <the attorney needed an express retainer before making a settlement offer>. 2. A fee that a client pays to a lawyer simply to be available when the client needs legal help during a specified period or on a specified matter. 3. A lump-sum fee paid by the client to engage a lawyer at the outset of a matter. - Also termed engagement fee. 4. An advance payment of fees for work that the lawyer will perform in the future. Also termed retaining fee. Cf. ATTORNEYS FEES. retain, vb. "Over the years, attorneys have used the term retainer in so many conflicting senses that it should be banished from the legal vocabulary. .. If some primordial urge drives you to use the term retainer: at least explain what you mean in terms that both you and the client will understand." Mortimer D. Schwartz & Richard C. Wydick, Problems in Legal Ethics 100, 101 (2d ed. 1988).

retaining fee See RETAINER (4).

retaining lien See LIEN.

retaliatory discharge A discharge that is made in retaliation for the employee's conduct (such as reporting unlawful activity by the employer to the government) and that clearly violates public policy. Federal and state statutes may entitle an employee who is dismissed by retaliatory discharge to recover damages.

retaliatory discharge See DISCHARGE (7).

retaliatory eviction An eviction nearly always illegal- commenced in response to a tenant's complaints or involvement in activities with which the landlord does not agree.

retaliatory eviction See EVICTION.

retaliatory law A state law restraining another states businesses as by levying taxes in response to similar restraints imposed by the second state on the first states businesses.

retaliatory tariff See TARIFF (2).

retaliatory tariff A tariff imposed to pressure another country into removing its own tariffs or making trade concessions.

retallia (ri-tal-ee-a). [Law Latin]. The sale of goods or commodities in small quantities; retail.

retenementum (ri-ten-a-men-tam). A withholding; restraint or detainment.

retenta possessione (ri-ten-ta pa-zes[h]-ee-oh-nee). [Latin]. Possession being retained.

retention A possessors right to keep a movable until the possessors claim against the movable or its owner is satisfied; a lien.

retinue A group of persons who are retained to follow and attend to a sovereign, noble, or other distinguished person.

retired stock See treasury stock.

retired stock See treasury stock under STOCK.

retirement 1. Termination of ones own employment or career, esp. upon reaching a certain age or for health reasons; retirement may be voluntary or involuntary. 2. Withdrawal from action or for privacy <Carols retirement to her house by the lake>. 3. Withdrawal from circulation; payment of a debt <retirement of a series of bonds>. See REDEMPTION. retire, vb.

retirement annuity An annuity that begins making payments only after the annuitant's retirement. If the annuitant dies before retirement, an agreed amount will usu. be refunded to the annuitant's estate.

retirement annuity See ANNUITY.

Retirement Equity Act of 1984 A federal law that requires private pension plans to comply with the court-ordered division of a pension between spouses and permits the plan administrator to pay all or part of a workers pensions and survivor benefits directly to a former spouse if the plan has been served with a court order that meets the federal requirements for a qualified domestic-relations order. 29 USCA § 1056(d)(3). See QUALIFIED DOMESTIC-RELATIONS ORDER.

retirement plan See EMPLOYEE BENEFIT PLAN.

retirement plan An employee benefit plan - such as a pension plan or Keogh plan - provided by an employer (or a self-employed person) for an employee's retirement.

retirement-income insurance An agreement whereby the insurance company agrees to pay an annuity beginning at a certain age if the insured survives beyond that age, or the value of the policy if the insured dies before reaching that age.

retirement-income insurance See INSURANCE.

retorna brevium (ri-tor-na bree-vee-am). [Law Latin]. The return of a writ. This was the indorsement on a writ by a sheriff or other officer, reporting on the writs execution.

retorno habendo See DE RETORNO HABENDO.

retorsion (ri-tor-shan). An act oflawful retaliation in kind for another nations unfriendly or unfair act. Examples of retorsion include suspending diplomatic relations, expelling foreign nationals, and restricting travel rights. Also spelled retortion. Cf. REPRISAL (2).

retraction 1. The act of taking or drawing back <retraction ofanticipatory repudiation before breach of contract>. 2. The act of recanting; a statement in recalltat ion <retraction of a defamatory remark>. 3. Wills & estates. A withdrawal of a renunciation <because of her retraction, she took property under her uncles will>. See RENUNCIATION (3). 4. Copyright. The right of authors and artists to renounce their creative works and to forbid their sale or display. Retraction is one of the moral rights of artists recognized in civil-law countries and much of Europe, but largely unavailable in the United States. Also termed (in sense 4) withdrawal. - retract, vb.

retractus feudalis (ri-trak-tas fyoo-day-lis). (Law Latin "a recall of the fee"] Scots law. A superiors right to pay a debt of a vassals lands in exchange for the return of the conveyance.

retraxit (ri-trak-sit). [Latin "he has withdrawn"] A plaintiffs voluntary withdrawal of a lawsuit in court so that the plaintiff forever forfeits the right of action. In modern practice, retraxit is called voluntary dismissal with prejudice. A dismissal without prejudice does not operate as a retraxit. See judgment of retraxit under JUDGMENT.

retreat rule The doctrine holding that the victim of an assault has a duty to retreat instead of resorting to deadly force in self-defense, unless (1) the victim is at home or in his or her place of business (the so-called castle doctrine), or (2) the assailant is a person whom the victim is trying to arrest. A minority of American jurisdictions have adopted this rule. Cf. NORETREAT RULE. "The rationale for the retreat rule is not difficult to ascertain, at least in part. It rests upon the view that human life, even the life of an aggressor, is sufficiently important that it should be preserved when to do so requires only the sacrifice of the much less important interest in standing ones ground." eorge E. Dix, "Justification: Self-defense," in 3 Encyclopedia of Crime and Justice 946. 948-49 (Sanford H. Kadish ed., 1983).

retrial A new trial of an action that has already been tried. See trial de novo under TRIAL. ¬retry, vb.

retribution 1. Criminal law. Punishment imposed as repayment or revenge for the offense committed; requital. Cf. DETERRENCE; REHABILITATION (1). 2. Something justly deserved; repayment; reward. retributive, adj. - retribute, vb.

retributive danger See DANGER.

retributive danger A concealed danger that an occupier of land creates to injure trespassers. A retributive danger is lawful only to the extent that it could be justified if the occupier had inflicted the injury personally or directly to the trespasser. Thus, a spring gun or a land mine is an unlawful means of defending land against a trespasser.

retributive punishment Punishment intended to satisfy the community s retaliatory sense of indignation that is provoked by injustice. The fact that it is natural to hate a criminal does not prove that retributive punishment is justified." Glanville Williams, The Sanctity of Life and the Criminal Law 60 (1957). 2. Family law. A negative disciplinary action administered to a minor child by a parent.

retributive punishment See PUNISHMENT.

retributivism (ri-trib-ya-ta-viz-am). The legal theory by which criminal punishment is justified, as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. According to retributivism, a criminal is thought to have a debt to pay to society, which is paid by punishment. The punishment is also sometimes said to be societys act of paying back the criminal for the wrong done. Opponents of retributivism sometimes refer to it as «vindictive theory." Cf. hedonistic utilitarianism under UTILITARIANISM; UTILITARIANDETERRENCE THEORY.

retroactive adj. (Of a statute, ruling, etc.) extending in scope or effect to matters that have occurred in the past. Also termed retrospective. Cf. PROSPECTIVE (1). - retroactivity, n. Retroactivity is a term often used by lawyers but rarely defined. On analysis it soon becomes apparent, moreover, that it is used to cover at least two distinct concepts. The first, which may be called true retroactivity, consists in the application of a new rule of law to an act or transaction which was completed before the rule was promulgated. The second concept, which will be referred to as quasiretroactivity, occurs when a new rule of law is applied to an act or transaction in the process of completion.... [T] he foundation of these concepts is the distinction between completed and pending transactions ...." T.C. Hartley, The Foundations ofEuropean Community Law 129 (1981).

retroactive law A legislative act that looks backward or contemplates the past, affecting acts or facts that existed before the act came into effect. A retroactive law is not unconstitutional unless it (1) is in the nature of an ex post facto law or a bill of attainder, (2) impairs the obligation of contracts, (3) divests vested rights, or (4) is constitutionally forbidden. Also termed retrospective law; retroactive statute; retrospective statute.

retroactive statute See RETROACTIVE LAW.

retrocession 1. The act of ceding something back (such as a territory or jurisdiction). 2. The return of a title or other interest in property to its former or rightful owner. 3. The process of transferring all or part of a reinsured risk to another reinsurance company; reinsurance of reinsurance. Subsequent retrocessions are referred to as first retrocession, second retrocession, and so on. 4. The amount of risk that is so transferred.

retrocessionaire Reinsurance. A reinsurer of a reinsurer. See RETROCESSION.

retrocessional agreement An agreement proViding for reinsurance of reinsurance.

retrospectant evidence See EVIDENCE.

retrospectant evidence (re-tra-spek-tant). Evidence that, although it occurs after an act has been done, suggests that the alleged doer of the act actually did it <when goods have been stolen, and the thief is sought, a person's later possession of those goods amounts to retrospectant evidence that this person took them >. - Also termed traces.

retrospective adj. See RETROACTIVE.

retrospective law See RETROACTIVE LAW.

retrospective statute See RETROACTIVE LAW.

retrospective statute See RETROACTIVE LAW.

return 1. A court officers bringing back of an instrument to the court that issued it; RETURN OF WRIT <a sheriffs return of citation>. 2. A court officers indorsement on an instrument brought back to the court, reporting what the officer did or found <a return of nulla bona>. See FALSE RETURN (1). 3. TAX RETURN <file your return before April 15>. 4. (usu. pl.) An official report of voting results <election returns>. 5. Yield or profit <return on an investment>. See RATE OF RETURN. return, vb.

return date See return day under DAY.

return day See DAY.

return day 1. A day on which a defendant must appear in court (as for an arraignment). 2. A day on which a defendant must file an answer. 3. A day on which a proof of service must be returned to court. Also termed rule day. 4. A day on which a writ of execution must be returned to court. 5. A day specified by law for counting votes in an election. - Also termed return date.

return of capital See capital return.

return of process See PROOF OF SERVICE.

return of service See PROOF OF SERVICE.

return of writ The sheriffs bringing back a writ to the court that issued it, with a short written account (usu. on the back) of the manner in which the writ was executed. Often shortened to return. See RETURN (1).

returnee A refugee whom authorities have returned to the country of origin; one who has fled from the home country and then been sent back.

returning board An official body or commission that canvasses election returns.

reunification The return of a child who has been removed from his or her parents because of abuse or neglect by one or both of them. When a child has been removed from the home because of abuse or neglect, the states primary goal is family reunification as long as this is in the best interests of the child. The state is required, in most instances, to provide the parent or parents with services that will enable them to proVide adequately for their child upon his or her return. After the enactment of the Adoption and Safe Families Act in 1997, states became more concerned with limiting the time that children are in foster care and less concerned with lengthy reunification plans. Also termed family reunification. See ADOPTION AND SAFE FAMILIES ACT; PERMANENCY PLAN; ADOPTION ASSISTANCE AND CHILD WELFARE ACT. - reunify, vb.

re-up 1. To reenlist in one of the armed forces <the soldier re-upped the day after being discharged>. 2. To sign an extension to a contract, esp. an employment agreement <the star athlete re-upped in a three-year deal worth $12 million>.

reus (ree-as). [Latin] Roman & civil law. 1. A defendant. Cf. ACTOR (3). 2. A party to a suit, whether plaintiff or defendant. 3. A party to a contract or transaction, esp. one assuming a debt or obligation. 4. Roman law. In criminal law, an accused or convicted person. PI. rei. Fem, rea, pI. reae.

reus promittendi (ree-as proh-mi-ten-di). [Latin "party promising"] Roman law. The answerer in a Roman-law stipulation. Also termed promissor. See STIPULATION (3).

reus stipulandi (ree-as stip-ya-lan-di). [Latin "party stipulating"] Roman law. The questioner in a Romanlaw stipulation. - Also termed stipulator. See STIPULATION (3).

rev g abbr. Reversing.

Rev. Proc abbr. REVENUE PROCEDURE.

Rev. Rul abbr. REVENUE RULING.

Rev. Stat See revised statutes under STATUTE.

revalidation See REPUBLICATION (2).

revaluation An increase in the value of one currency in relation to another currency. Cf. DEVALUATION. revalue, vb.

revaluation surplus Surplus that is gained when assets are reappraised at a higher value. Also termed appreciation surplus.

revaluation surplus See SURPLUS.

rev-d abbr. Reversed.

reve (reev). The bailiff of a franchise or manor. See REEVE.

revendication 1. The recovery or claiming back of something by a formal claim or demand. 2. Civil law. An action to recover real rights in and possession of property that is wrongfully held by another. This is analogous to the common-law replevin. - revendicate, vb.

revendicatory action (ree-ven-di-ka-tor-ee). See petitory action.

revendicatory action See petitory action under ACTION (4).

revenue Gross income or receipts.

revenue agents report A report indicating any adjustments made to a tax return as a result of an IRS audit. After an audit, this report is mailed to the taxpayer along with a thirty-day letter. Abbr. RAR. See THIRTY-DAY LETTER.

revenue bill A bill that levies or raises taxes . Federal revenue bills must originate in the House of Representatives. U.S. Const. art. I, § 7, d. 1. Also termed money bill.

revenue bill See BILL (3).

revenue bond A government bond repayable from public funds. Also termed improvement bond.

revenue bond See BOND (3).

Revenue Procedure An official statement by the IRS regarding the administration and procedures of the tax laws. - Abbr. Rev. Proc.

Revenue Ruling An official interpretation by the IRS of the proper application of the tax law to a specific transaction. Revenue Rulings carry some authoritative weight and may be relied on by the taxpayer who requested the ruling. Abbr. Rev. Rul.

revenue stamp A stamp used as evidence that a tax has been paid.

revenue tariff See TARIFF (2).