Law Dictionary
	Search:

riens en arriere (ryan aw-nah-ree-air). [Law French "nothing in arrear"]. A plea in a debt action for arrearages of account.

riens passa per le fait (ryan pah-sah pair la fay). [Law French "nothing passed by the deed "]. A plea by which a party seeks to avoid the operation of a deed that has been enrolled or acknowledged in court.

riens per descent (ryan pair day-sawn). [Law French "nothing by descent"]. The plea of an heir who is sued for the ancestors debt and who received no land or assets from the ancestor.

rier county See RERE-COUNTY.

RIF abbr. Reduction in force. See LAYOFF.

rif vb. Slang. To layoff (a worker). The word derives from the acronym for reduction in force.

rigging the market The practice of artificially inflating stock prices, by a series of bids, so that the demand for those stocks appears to be high and investors will therefore be enticed into buying the stocks. See MANIPULATION.

right 1. That which is proper under law,morality, or ethics <know right from wrong>. 2. Something that is due to a person by just claim, legal guarantee, or moral principle <the right ofliberty>. 3. A power, privilege, or immunity secured to a person by law <the right to dispose of ones estate>. 4. A legally enforceable claim that another will do or will not do a given act; a recognized and protected interest the violation ofwhich is a wrong <a breach ofduty that infringes one right>. 5. (often pl.) The interest, claim, or ownership that one has in tangible or intangible property <a debtors rights in collateral> <publishing rights>. 6. The privilege of corporate shareholders to purchase newly issued securities in amounts proportionate to their holdings. 7. The negotiable certificate granting such a privilege to a corporate shareholder. "Right is a correlative to duty; where there is no duty there can be no right. But the converse is not necessarily true. There may be duties without rights. In order for a duty to create a right, it must be a duty to act or forbear. Thus, among those duties which have rights corresponding to them do not come the duties, if such there be, which call for an inward state of mind, as distinguished from external acts or forbearances. It is only to acts and forbearances that others have a right. It may be our duty to love our neighbor, but he has no right to our love." John Chipman Gray, The Nature and Sources of the Law 8~9 (2d ed. 1921). [T]he word right s one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion. Most rights are ualified." American Bank & Trust Co.

right against self-incrimination A criminal defendants or a witnesss constitutional right under the Fifth Amendment, but waivable under certain conditions guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the persons being criminally prosecuted. Although this right is most often asserted during a criminal prosecution, a person can also "plead the Fifth" in a civil, legislative, administrative, or grand-jury proceeding. Also termed privilege against self-incrimination; right to remain silent. See SELF-INCRIMINATION. The right against self-incrimination, protected by the Fifth Amendment, is central to the accusatorial system of criminal justice: together with the presumption of innocence, the right against self incrimination ensures that the state must bear the burden of prosecution .... The right against self-incrimination is personal. It may be claimed only by the person who himself might be at risk for testifying. It may not be claimed on behalf of another ...." Jethro K. Lieberman, The Evolving Constitution 481-82 (1992).

right heir See HEIR.

right heir 1. The preferred heir to an estate tail, as distinguished from a general heir. An estate tail would pass to a general heir only on the failure of the preferred heir and his line. 2. HEIR (1).

right in personam See RIGHT.

right in personam (in par-soh-nam). An interest protected solely against specific individuals. Also termed personal right; jus in personam. See IN PERSONAM.

right in re aliena See JUS IN RE ALIENA.

right in re propria See JUS IN RE PROPRIA.

right in rem See RIGHT.

right in rem (in rem). A right, often negative, exercisable against the world at large. - Also termed real right; jus in rem. See IN REM. A right in rem need not relate to a tangible res. Thus a right that ones reputation should not be unjustifiably attacked is today described as a right in rem, since it is a right that avails against persons generally. This shows how far the conception has developed from the Roman notion of actio in rem, for one who sues to protect his reputation is not asking for judgment for a specific res. It should also be noticed that on breach of a right in rem, a right in personam arises against the aggressor." George Whitecross Paton, A Textbook ofJurisprudence 300 (G.w. Paton & David P. Derham eds., 4th ed. 1972).

right not to be qnestioned See privilege against selfincrimination under PRIVILEGE (3).

right of action 1. The right to bring a specific case to court. 2. A right that can be enforced by legal action; a chose in action. Cf. CAUSE OF ACTION.

right of angary See ANGARY.

right of approach The right of a warship on the high seas to draw near another vessel to determine its nationality.

right of assembly The constitutional right guaranteed by the First Amendment of the people to gather peacefully for public expression of religion, politics, or grievances. - Also termed freedom of assembly; right to assemble. Cf. FREEDOM OF ASSOCIATION; unlawful assembly under ASSEMBLY.

right of audience A right to appear and be heard in a given court. The term is chiefly used in England to denote the right of a certain type of lawyer to appear in a certain type of court.

right of common See PROFIT A PRENDRE.

right of contribution See CONTRIBUTION (1).

right of discussion Scots law. See BENEFIT OF DISCUSSION.

right of dissent and appraisal See APPRAISAL REMEDY.

right of division Scots law. See BENEFIT OF DIVISION.

right of election Wills & estates. A surviving spouses statutory right to choose either the gifts given by the deceased spouse in the will or a forced share or a share of the estate as defined in the probate statute. Also termed widows election. See ELECTION (2); augmented estate under ESTATE (3).

right of entry 1. The right of taking or resuming possession of land or other real property in a peaceable manner. 2. POWER OF TERMINATION. 3. The right to go into anothers real property for a special purpose without committing trespass. An example is a landlords right to enter a tenants property to make repairs. 4. The right of an alien to go into a jurisdiction for a special purpose. An example is an exchange students right to enter another country to attend college.

right of entry for breach of condition See POWER OF TERMINATION.

right of exoneration See EQUITY OF EXONERATION.

right of family integrity A fundamental and substantive due-process right for a family unit to be free of unjustified state interference. While not specifically mentioned in the u.s. Constitution, this right is said to emanate from it. The contours of the right are nebulous and incompletely defined, but it at least includes the right to bear children, to rear them, and to guide them according to the parents beliefs, as well as the right of children to be raised by their parents free of unwar- ranted interference by state officials. The right restricts state action under the Fourteenth Amendment. Interference is not permitted in the absence ofa compelling state interest and is reviewed under a strict-scrutiny standard. Most courts require a state to establish by clear and convincing evidence that interference in a familial relationship is justified. - Also termed right to family integrity. See PARENTAL-AUTONOMY DOCTRINE; PARENTAL-PRIVILEGE DOCTRINE. Cf. freedom of intimate association under FREEDOM OF ASSOCIATION.

right of first publication See common-law copyright under COPYRIGHT.

right of first refusal 1. A potential buyers contractual right to meet the terms of a third partys higher offer. For example, if Beth has a right of first refusal on the purchase of Sam~ house, and if Terry offers to buy the house for $300,000, then Beth can match this offer and prevent Terry from buying it. Cf. RIGHT OF PREEMPTION. 2. The right of a parent to be offered the opportunity to have custody of a child other than during a usual visitation period before the other parent turns to a thirdparty caregiver. - The right may be exercised by either parent, and may exist in circumstances that are foreseeable (e.g., a business trip) or unforeseeable (e.g., an illness).

right of fishery See FISHERY (1).

right of fishery The right of persons to fish in public waters, subject to federal and state restrictions and regulations, such as fishing seasons, licenSing, and catch limits.

right of innocent passage See INNOCENT PASSAGE.

right of occupancy See INDIAN TITLE.

right of petition See RIGHT TO PETITION.

right of possession The right to hold, use, occupy, or otherwise enjoy a given property; esp., the right to enter real property and eject or evict a wrongful possessor.

right of preemption A potential buyers contractual right to have the first opportunity to buy, at a specified price, if the seller chooses to sell within the contracted period. For example, if Beth has a right of preemption on Sams house for five years at $100,000, Sam can either keep the house for five years (in which case Beths right expires) or, ifhe wishes to sell during those five years, offer the house to Beth, who can either buy it for $100,000 or refuse to buy. If Beth refuses, Sam can sell to someone else. - Also termed first option to buy. Cf. RIGHT OF FIRST REFUSAL.

right of privacy 1. The right to personal autonomy. The u.s. Constitution does not explicitly provide for a right of privacy or for a general right of personal autonomy, but the Supreme Court has repeatedly ruled that a right of personal autonomy is implied in the "zones of privacy" created by specific constitutional guarantees. 2. The right of a person and the persons property to be free from unwarranted public scrutiny or exposure. -Also termed right to privacy. See INVASION OF PRIVACY.

right of publicity The right to control the use of ones own name, picture, or likeness and to prevent another from using it for commercial benefit without ones consent. The right of publicity is a state-law created intellectual property right whose infringement is a commercial tort of unfair competition. It is a distinct legal category, not just a kind of trademark, copyright, false advertising or right of privacy." 1 j. Thomas McCarthy. The Rights of Publicity and Privacy § 1 :3, at 1-2 (2d ed. 2000).

right of redemption 1. See EQUITY OF REDEMPTION. 2. See STATUTORY RIGHT OF REDEMPTION.

right of reentry See POWER OF TERMIN ATION.

right of relief Scots law. See EQUITY OF SUBROGATION.

right of reproduction See REPRODUCTION RIGHT.

right of rescission See RIGHT TO RESCIND.

right of retainer A trustees power to withhold trust funds or property from distribution, exercisable when the beneficiary owes money to the trust.

right of retention See RETENTION.

right of revolution The inherent right of a people to cast out its rulers, change its polity, or effect radical reforms in its system of government or institutions, by force or general uprising, when the legal and constitutional methods of making such changes have proved inadequate or are so obstructed as to be unavailable.

right of search The right to stop, visit, and examine vessels on the high seas to discover whether they or the goods they carry are liable to capture; esp., a belligerent states right to stop any merchant vessel of a neutral state on the high seas and to search as reasonably necessary to determine whether the ship has become liable to capture under the international law of naval warfare. This right carries with it no right to destroy without full examination, unless those on a given vessel actively resist. Also termed right of visit; right ojvisit and search; right ojvisitation; right of visitation and search. See VISIT.

right of subrogation 1. See SUBROGATION. 2. See EQUITY OF SUBROGATION.

right of suit A persons right to seek redress in a court.

right of support 1. A landowners right to have the land supported by adjacent land and by the underlying earth. 2. A servitude giving the owner of a house the right to rest timber on the walls of a neighboring house.

right of survivorship A joint tenants right to succeed to the whole estate upon the death of the other joint tenant. - Also termed jus accrescendi. See SURVIVORSHIP; joint tenancy under TENANCY.

right of termination A remedy involving the ending of contractual relations, accorded to a party to a contract when the other party breaches a duty that arises under the contract. The right of termination is contrasted with a right to rescind, which arises when the other party breaches a duty that arises independently of the contract. Also termed right to terminate.

right of transit passage See TRANSIT PASSAGE.

right of visit See RIGHT OF SEARCH.

right of visit and search See RIGHT OF SEARCH.

right of visitation 1. VISITATION RIGHT. 2. RIGHT OF SEARCH.

right of visitation and search See RIGHT OF SEARCH.

right of wharfing out A right to the exclusive use of submerged lands, as by establishing a permanent structure or wharf on the land to dock oceangoing vessels.

right ofentry for condition broken See POWER OF TERMINATION.

right to assemble See RIGHT OF ASSEMBLY.

right to assistance of counsel See RIGHT TO COUNSEL.

right to bear arms The constitutional right of persons to own firearms. U.S. Const. amend II. See SECOND AMENDMENT.

right to choose See FREEDOM OF CHOICE.

right to counsel 1. A criminal defendants constitutional right, guaranteed by the Sixth Amendment, to representation by a court- appointed lawyer if the defendant cannot afford to hire one. The Supreme Court has recognized a juvenile delinquent defendants right to counsel. In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). Also termed benefit ojcounsel; right to assistance of counsel. 2. Family law. The right of a defendant in a suit for termination of parental rights to representation by a court-apPOinted lawyer if the defendant cannot afford to hire one. Although some states appoint counsel for indigent efendants in a suit for termination of parental rights, the Supreme Court has held that the Constitution does not require that counsel be appointed for indigent defendants in all termination suits, but if a criminal charge may be made, the right to counsel may attach. Lassiter v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153 (1981). - Also termed {in both senses} access to counsel. See ASSISTANCE OF COUNSEL.

right to die The right of a terminally ill person to refuse life-sustaining treatment. Also termed right to reJuse treatment. See ADVANCE DIRECTIVE.

right to exclude Patents. A patentees right to prevent others from making, using, selling, or offering for sale the patentees invention.

right to family integrity See RIGHT OF FAMILY INTEGRITY.

right to petition The constitutional right - guaranteed by the First Amendment - of the people to make formal requests to the government, as by lobbying or writing letters to public officials. Also termed right ofpetition;freedom of petition.

right to privacy See RIGHT OF PRIVACY.

right to pursue happiness See HAPPINESS, RIGHT TO PURSUE.

right to refuse treatment See RIGHT TO DIE.

right to remain silent See RIGHT AGAINST SELF-INCRIMINATION.

right to rescind The remedy accorded to a party to a contract when the other party breaches a duty that arises independently of the contract The right to rescind is contrasted with a right of termination, which arises when the other party breaches a duty that arises under the contract. - Also termed right of rescission.

right to terminate See RIGHT OF TERMINATION.

right to travel A persons constitutional right guaranteed by the Privileges and Immunities Clause to travel freely between states.

right to vote See SUFFRAGE (1).

right-and-wrong test See MCNAGHTEN RULES.

rightful 1. (Of an action) equitable; fair <a rightful dispossession>. 2. (Of a person) legitimately entitled to a position <a rightful heir>. 3. (Of an office or piece of property) that one is entitled to <her rightful inheritance>.

right-of-conscience law A statute allowing healthcare professionals to refuse to provide services that they find morally objectionable.

right-of-way 1. The right to pass through property owned by another. - A right-of-way may be established by contract, by longstanding usage, or by public authority (as with a highway). Cf. EASEMENT. 2. The right to build and operate a railway line or a highway on land belonging to another, or the land so used. 3. The to take precedence in traffic. 3. The strip ofland subject to a nonowners right to pass through. Also written right oj way. Pl. rights-of-way.

rights arbitration See grievance arbitration.

rights arbitration See grievance arbitration under ARBITRATION.

rights of attribution See ATTRIBUTION RIGHTS.

rights off See EX RIGHTS.

rights offering See OFFERING.

rights offering An issue of stock-purchase rights allowing shareholders to buy newly issued stock at a fixed price, usu. below market value, and in proportion to the number of shares they already own.. Also termed privileged subscription. Cf. PREEMPTIVE RIGHT.

rights on See CUM RIGHTS.

rights-consciousness See CLAIMS-CONSCIOUSNESS.

rights-management information Intellectual property. Information about an intellectual-property right, affixed to the subject matter when it is communicated to the public, esp. in electronic form, and identifying the rights owner, terms of use, indexing numbers or codes, or other identifying information. The information facilitates contracting with the owner of the rights. In digital technology, laws may ban the rezoval or alteration of rights-management information as a form of intellectual-property protection.

right-to-convey covenant See covenant of seisin under COVENANT (4).

right-to-convey covenant See covenant of seisin.

right-to-know act A federal or state statute requiring businesses (such as chemical manufacturers) that produce hazardous substances to disclose information about the substances both to the community where they are produced or stored and to employees who handle them. - Also termed right-to-know statute.

right-to-work law A state law that prevents labormanagement agreements requiring a person to join a union as a condition of employment. See open shop under SHOP.

right-wrong test See MCNAGHTEN RULES.