Glossary of Legal Terms

rap sheet: See criminal history record information.
ratio decidendi (RAY she oh DES ih DEN dye): Principle or rule of law on which a court decision is based.
real evidence: Physical evidence that plays a direct part in incident in question, as opposed to oral testimony.
real property: Land, anything growing on the land and anything erected on or attached to the land. Also called real estate.
reasonable doubt: State of mind in which jurors cannot say they feel confident that an individual is guilty of crime charged. See beyond a reasonable doubt.
reasonable person: Hypothetical person who sensibly exercises qualities of attention, knowledge, intelligence and judgment. Used as legal standard to determine negligence.
rebuttal: Evidence which disproves evidence introduced by the opposing party.
recidivism (reh SID ih vizm): Relapse into former type of behavior, as when an individual relapses into criminal behavior. A habitual criminal is a recidivist.
recognizance: See personal recognizance.
record: Official documents, evidence, transcripts, etc., of proceedings in a case.
recusal: Process by which a judge excuses him/herself from hearing a case.
recusation: Plea by which defendant requests that judge hearing his/her trial excuse him/herself from case.
re-direct examination: Opportunity to question witness after cross-examination regarding issues brought up during the cross-examination. Compare rehabilitation.
redress: To set right; to remedy; to compensate.
referral: Process by which a juvenile case is introduced to court, agency or program where needed services can be obtained.
referee: Person appointed by a court to assist with certain proceedings, such as taking testimony.
rehabilitation: Reexamining a witness whose credibility has suffered during cross-examination to restore that witness's credibility. Compare re-direct examination.
rehearing: Another hearing of case by same court in which suit was originally heard.
rejoinder: Defendant's answer to the plaintiff's reply.
relevant evidence: Evidence that tends to prove or disprove a matter at issue.
relief: See remedy.
remand: To send a case back to court where originally heard for further action. Also, to send an individual back into custody after a preliminary examination.
remedy: Means by which right or privilege is enforced or violation of right or privilege is prevented, redressed or compensated. Also called relief.
remittitur (reh MID ih dur): Judge's reduction of damages awarded by jury.
removal: Transfer of state case to federal court for trial.
replication: Plaintiff's reply to defendant's plea, answer or counterclaim.
replevin (reh PLEV in): Action for recovery of a possession wrongfully taken.
reply: Plaintiff's response to defendant's argument, counterclaim or answer. Plaintiff's second pleading.
respondent: See appellee.
rest: When one side finishes presenting evidence in a trial.
restitution: Return of something to its rightful owner. Also, giving the equivalent for any loss, damage or injury.
restraining order: Order prohibiting someone from harassing, threatening, contacting or even approaching another individual.
retainer: Act of a client in hiring an attorney. Also denotes fee client pays when retaining attorney.
return: Report to judge of action taken in executing writ issued by judge, usually written on the back of the writ. Also, the action of returning the writ to court.
reverse: Higher court setting aside lower court's decision.
reversible error: Error sufficiently harmful to justify reversing judgment of lower court. Also called prejudicial error. Compare harmless error.
revocable trust (REV uh cuh b'l): Trust that grantor may change or revoke.
revoke: To cancel or nullify a legal document.
robbery: Felonious taking of another's property in that person's presence by force or fear. Differs from larceny.
rule of court: Rules governing how a given court operates.
rules of evidence: Standards governing whether evidence is admissible.

Last updated 8-14-00 1033 by gle