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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2570


Restrictive Covenant
(n) Restrictive covenant is the agreement or provisions contained in a deed of transferring a real property which limits the scope and application of the property so transferred. Eg. A deed containing a restrictive covenent that the property may not be used for any business activity other than for charity

Restrictive Endorsement
(n) Restrict endorsement is the restriction made in a financial instrument whereby its free transferability is restricted to a specific person noted in that endorsement. Restrictive endorsements are made by signing at the reverse of the instrument by noting the limitations effected there in.

Result
(n) Result is the consequences or outcome of an action, event, law suit, petition, appeal , request etc declared or otherwise becoming apparent on the conclusion of the action or events etc.

Resulting Trust
(n) when the court observes that the holder or a person possessing a property by virtue on an agreement or implied circumstances leading to such belief, was holding such property on behalf of the intended owner such an implied holding or trust of a property is known as resulting trust .

Retainer
(n) A retainer is the hiring of future service of a person rendering such services to the public by fixing his compensations for the services to be rendered either by assignment basis or by time period basis

Retire
(v) Retire is the action by which a person, entity, or connivance ends it existing activities on conclusion, attainment or by completion. For example a supervisor retires from service. A judge retire from the court room after pronouncing the judgment. A bill of exchange is retired by making payment.

Retraction
(n) Retraction is the action by which an earlier action is reversed so as to restore the original position. For example withdrawing a legal proceedings, withdrawing by correcting an earlier statement, withdrawing a claim already forwarded.

Retrial
(n) A retrial is the granting of a new trial of a concluded trial for reasons like detection of an obvious error , bias , unearthing of new evidences , reversal of earlier verdict by an appeal court with a direction to re do the trial etc.

Retroactive
(Adj) Retroactive is the statute, law , order decision etc made there by enforcing a previous transactions, orders legal actions etc.

Return Of Service
(n) Return of service is the written confirmation under an oath made by the person responsible for delivery of the document confirming the service of the document to the addressee.

Revenue Ruling
(n) Revenue ruling is the opinion published by revenue department about the future taxation proposals containing rules and answers about taxation questions and circumstances.

Reversal
(n) Reversal is the process by which an appellant court negate the order issued by a trial court or lower court when it is of the opinion that the ruling of the lower court was not correct and fair. The reversal can be effected by directing the lower court to dismiss the original decision and do a retrial.

Reversible Error
(n) Reversible errors are the mistakes, omissions etc. entered in a trail, which has significantly contributed in the decision making of the court, which need to be corrected for a fair and proper outcome of the legal proceedings

Reversion
(n) Reversion is the process by which a right in a property transferred by a deed of trust, mortgage or pledge etc is returned back to the original owner after the interest held by others on such property is exhausted. For example when a trust is formed with his mother as beneficiary and himself as the residual owner, the property reversion occurs ...

Reverter
(n) Reverter is the event by which a property transferred to another person is returned back to the original owner on due fulfillment of the provisions contained in the original deed of transfer. For example when the loan secured on the property is closed the pledged property reverts to the owner.

Review
(n) Review is the process by which an applet court examines the judgment of the lower court with respect to the law, facts, procedures by which the order was pronounced, to decide whether any significant mistake, error or omission is occurred warranting an order of reversal

Revival
(n) Revival is the restoration of an order, judgment, contract, agreement etc which has become ineffective due to expiry of time or for other reasons, by issuing a fresh order, judgment or by entering a fresh contract agreement etc

Revocation
(n) Revocation is the cancellation of an offer, order, promises etc by withdrawing the order, offer or promise, declining to accept or do further steps, canceling before commencement of procedures or by communicating such withdrawals to the parties concerned.

Revoke
(v) Revoke is the action by which a statute, law, order, promise, agreement, contract etc are nullified before it is implemented and the original position is restored. For example a government revokes a license issued to a firm to deal in beverages before expiry of the license period

Rhadamanthine
"Term that describes a judge who is stubborn, does not compromise, and refused to provide leeway when interpreting the law.

Rider
(n) A rider is an attachment made to a document which amends the original document or add additional provisions or information as a part of the original document. For example an amendment Act is a rider to the original ACT adding, deleting or altering the provisions contained in the original Act

Right
(n) A right is the protection against interruption by others, entitling the right holder to enjoy such privileges associated with that right without manmade or social disturbances. For example a right to practice religion and beliefs permit an individual to have faith in his beliefs and practice it within the limits sanctioned by the constitution

Right Of Way
(n) Right of way is the specific directions, regulations, conditions stipulated for the user of a pathway or road while using such road or pathway for commuting

Right To Privacy
(n) The right of a person, to do his personnel activities in which public interest is not effected as a private activity without exposing it to the public. So a birthday celebration can be a privacy event involving the right of privacy where as marriage registration is not a right of privacy as many statues require publishing of such marriage.

Right-To-Work Law
State labor law that permits someone to determine for himself/herself whether or not to join a labor union. The law avoids employers from making union membership a condition of employment

Rights
(n) Rights are the protection against interruption by others, entitling the rights holder to enjoy such privileges associated with such rights without manmade or social disturbances. For example a rights to practice religion, rights to express opinion, rights to inherit ancestral properties etc.

Riot
(n) Riot is the association of peoples to create disturbance in the society, by spoiling the peace existing, damaging the property, causing injury to the peoples, creating an atmosphere of fear and distress among the people etc., in an uncontrollable manner as a spontaneous reaction of some incidents or events.

Riparian Rights
(n) Reparian Rights are the inherent right an owner of a landed property situated in the banks of a river or collection of water have, to use the water in the river , ponds etc for the irrigation purpose or for consumption, subject to the rules existing in that state.

Ripe
(Adj) Ripe is the stage in a case which has progressed to the level where the consideration of the supreme court is the avenue left by exhausting or trying all the possibilities available to the plaintiff but still the differences remains unsettled.

Risk
(n) Risk is the chances of occurring an unexpected loss or damage to a person, property, establishment etc while undergoing a process or activity. For example risk of financial loss is normal while investing in equity capital

Risk Of Loss
(n) Risk of loss is the responsibility assumed by a holder of a property, possessor insurer for compensating the loss incurred to such property during the period of such custody, holding, usage or coverage.

Roadside Test
(n) Roadside tests are the test conducted at the site of incident or the spot of pulling over of the driver, to examine the conditions of the drunken drivers by testing their level of physical equilibrium. Law enforcing officers use tests to measure the reflexes of the accused before they restore to normalcy

Robbery
(n) Robbery is taking the physical possession of an article or movable property without the consent of the owner or holder of right in that property by stealing, or by exerting force threat etc. Robbery is a criminal activity punishable with imprisonment

Rogatory Letters
(n) Rogatory Letters are the written requests made by a judge to the judge in another state to take testimony of a witness in that state in connection with the case pending trial with the former court.

Rollover
Transferring funds from one investment to another without sustaining tax penalties. For example: a 401(k) fund can be rolled over into an IRA account without penalty. Additionally, funds from the sale of a home can be rolled over toward the purchase of a new home without being subjected to capital gains tax

Royalty
(n) Royalty is the consideration paid to the creator of a property, idea, inventions etc, as a percentage of the revenue collected from sale of the products created, manufactured or developed using the idea, inventions or creations made by the creators.

Rule
(v) Rule is the enforceable declaration of decision on a legal point by a court or legal authority which acts as the basis for the action of the parties involved and to the enforcing officers liable to establish such decisions.

Rule Against Perpetuities
(n) Rule against perpetuites is the provision which prohibits endless or prolonged tying up of property rights with an intention to keep the property as a perpetual one. For example a title deed containing a clause which says the property cannot be sold to anybody other than his or her siblings.

Rules Of Court
(n) Rules of the court are the procedural rules adopted by the courts, to be followed by the parties and their attorneys on the matters connected with courts functioning. The rules of court are made state wise considering the law prevailing there in.

Ruling
(v) Ruling is the enforceable declaration of decision on a legal point by a court or legal authority which acts as the basis for the action of the parties involved in settling the dispute and issues involved in the trial .

Running At Large
(Adj) Running at large is used to represent existence of a person, animals etc everywhere which are potentially dangerous to the society and not controlled till then. The phrase is used to represent the openness of the uncontrolled danger. A killer is running at large means he is present there uncontrolled but controllable with effort.

Running With The Land
(Adj) Running with the land is used to represent a right, component, features etc. associated with a property which goes along with the title of the property. For example reparian rights is a right running with the land

S Corporation
(n) An association or joint stock company which passes on the entire income to the shareholders directly otherwise than as dividend is known as S corporation. An S corporation is thereby exempted from payment of corporate income tax

Said
(Adj) The word 'said' is used to substitute an article, thing, incident, event, person , entity etc which has been identified in that document previously. For example Smith rented a benz car from john. The said car was in good condition while it is rented out.

Sale
(n) Sale is transferring the title on a property, goods or merchandise for a consideration expressed in monitory terms settled either by payment in cash or by exchange or goods of same worth. For example sale of a used car by paying the consideration partly by cash and partly by a bill of exchange.

Salvage
(n) Salvage is the recovery of goods or portion of the good exposed to an accident, damage, pilforation etc due to an unexpected incident like fire, wreckage, breakdown, natural calamities etc

Sanction
(n) Sanction is the fine or penalty imposed by a judge on a party or on his attorney for violating the orders issued by the court or for violating the rules prevalent there. For example a sanction can be imposed for frequent disturbance of courts functioning.

Satisfaction
(n) Satisfaction is the acknowledgement of performance received which is in harmony with what is due or expected, or agreed up on previously.

Satisfaction Of Judgment
(n) Satisfaction of judgment is the written acceptance of the satisfaction or settlement of the monetary amounts due to him as per the judgment

Satisfaction Of Mortgage
(n) Satisfaction of mortgage is the document acknowledging the settlement of dues in a mortgage loan thereby clearing the title of the property which was mortgaged to him. This document is required to be recorded with the county recorder or recorder of deeds to clear the title of the property.

Save Harmless
(v) Save Harmless is the act of protecting somebody from harm or loss of any type specified in the agreement, by saving him from such losses or indemnifying the loss suffered by him.

Savings And Loan
(n) Saving and Loan banks are the financial institution chartered by federal government to accept deposit paying higher interest and to provide loan secured on properties.

Scienter
(n) Scienter is used to represent the stage of awareness the defendant have about his actions, its illegality, felony at the time of the crime. The Latin word means having knowledge. So if a person take possession of an article by a mistaken identity that it was his own cannot be treated as a criminal activity as he has no knowledge that it was not...

Scintilla
(n) Scintilla is an evidence appearing in an unexpected way or an unanticipated piece of evidence leading to reach a conclusion. The Latin word means 'spark' to represent the spark which creates ignition and combustion to start the machinery.

Scope Of Employment
(n) Scope of employment is the extend of activities expected from an employee while normally executing the work entrusted to him or while doing the work expected of him specifically or generally. So safeguarding the property where he is employed though not specifically entrusted falls under the scope of employment. Scope of an employment determines...

Seal
(n) Seal is defined as fixing of anything which is completed or declared to be completed there by no further alteration is possible or applicable on it, by a constructive action like affixing stamp, vaxing and marking envelop etc. Eg. Sealing the premises by locking and waxing the lock.

Sealed Verdict
(n) A sealed verdict is the decision taken by a jury recorded and kept in sealed envelop but could not be announced until the required procedural compliances. Though the orders are finalized it is not effective until it is read.

Sealing Of Records
(n) Sealing of records is the order issued by a judge to keep the trial records, statement, documents and orders made on the trial proceeding to be sealed to keep secrete, if the situation so warrant or when publishing of such documents are detrimental to the society.

Search
(v) Search is the action of examining a premises including vehicle of a person involved or believed to be involved in criminal activities with an object of collecting evidences expected or anticipated to be available there which is otherwise not available.

Search And Seizure
(n) Search and seizer is the examining of the premises including vehicle of a person involved or believed to be involved in criminal activities, by law enforcing officers, with an object of collecting evidences and seizing materials, tools used or involved in the act of crime from there.

Search Warrant
(n) Search Warrant is the written order issued by a judge permitting the law enforcing officers to search the premises including the vehicle of a person involved or believed to be involved in criminal activities for collecting evidences which is not available otherwise.

Second Degree Murder
(n) Second degree murder is the death resulted from an assault, the motive of which was not to kill the victim but death happened because of the assault. Example: A person shoot another on knee to hurt him but the person died of draining out blood on failure to get medical assistance amounts to second degree murder where the intention was not to ki...

Secondary Boycott
(n) Secondary boycott is the organized protest against a company in which a labor dispute or strike exists where by any company or person having business relation with them is also blacklisted for dealing in any item , rendering services etc. For example refusal to buy goods from ABC corporation, if they deal with XYZ & Co where a labor strike ...

Secret Rebate
(n) A secrete rebate is the undisclosed discount allowed to any customer which was not generally applied as a business practice or it was not a published discount. Secret rebates are generally given unaccounted and resorted as an unfair business practice

Secured Debt
A debt that entitles the lender to confiscate a specified piece of property (the collateral) if the debtor cannot repay the secured debt.

Secured Transaction
(n) A transaction specifically lending an amount or renting of a property or article by guaranteeing its return by giving security of property of similar worth is termed as secured transaction

Securities
(n) Securities are the documents, title deeds etc evidencing the possession rights by way of shares, bonds , debentures, mortgage rights etc held by the possessor of such documents or titles.

Security Deposit
(n) Security deposit is the amount collected before commencement of any activity to recover the possible loss if any caused to the owner while occurrence of such activity. For example security deposit collected from tenant can be used to recover the loss or damage of the property by tenants mishandling of property or failure to pay rent.

Security Interest
(n) Security interest is the right acquired by a creditor or lender, on the property held by him as security for the amount due to him, to use the right on the property to recover the amount due to him

Sedition
(n) Sedition is the treason against the country, with an intention to destabilize the government by supporting or participating in revolution or by supporting the enemies directly or indirectly during war. To call an activity as sedition there must be an intention to destabilize the government

Seduction
(n) Seduction is the act by which a person is lead to have sexual activity outside a marriage relationship by influencing them other than by force or by teasing them or by igniting his or her sexual desires to develop sexual temptations.

Seisin
(n) Seisin is defined as the stage of possessing a property specifically a landed property along with exclusive title to the property,

Seized
(n) Seized is the state of possessing and controlling of any article , property etc either came to his possession by ownership or by other legitimate means like search and seize warrant execution.

Seizure
(n) Seizer is the taking in to custody of any document, property, articles etc., which was connected in any criminal activity, after following the legal formalities required for seizer of any item. Special sanction is required for search and seizer. So seizer without a warrant or order loose its worthiness as evidence

Self-Dealing
(n) Self dealing is an insider trading by an informed person to draw undue benefit by transacting in a commodity in tune with the information he got, whether directly or indirectly, before such information are made to the public

Self-Defense
(n) Self defense is the action by which a person protects himself from any bodily harm arising out of an encounters or attacks from other person either by protecting him or by blocking the opponents advancement by a counter attack. Self defense is not a crime so accused may be tempted to show their action as self defense to escape punishment

Self-Executing
(Adj) Self executing are the provisions which requires no preparatory actions for initiating the process or its implementations. Example. Passing of rights on the property held by the person when payments are completed.

Self-Help
(n) Self-help is used to identify the actions by which a persons find remedy to his problems without resorting to intervention of court or authorities enforcing law. Example, finding and taking back stolen goods oneself.

Self-Incrimination
(n) Self incrimination is issuing statements, confessions, evidences which proves his involvement in a criminal or fraudulent activity intentionally, which may work against him. The constitution prohibits compulsion or use of force to witness against himself.

Self-Serving
(Adj) Self serving statements are the statements, declarations, answers to own attorney etc. issued by a person with the sole purpose of reiterating or supporting his stands and legal causes

Sell
(V) Sell is the action by which the ownership and possession of a property, article or goods or merchandise is given to another person in exchange for a consideration in money value.

Seller
(n) Seller is the person who conveys the ownership and possession of a property, article or goods or merchandise owned and held by him, to another person in exchange for a consideration in money value.

Senior Lien
(n) When there are different lien on a property, The security interest which has precedence over all other interests in that property is called senior lien. The security interest which can be availed only after senior lien is satisfied is called junior lien.

Sentence
(n) Sentence is the order or verdict of the jury or the judge imposing punishment to the person convicted of a crime, deciding the terms and type of punishment he has to undergo.

Separate Property
(n) Separate property is the property traceable or otherwise identifiable as acquired separately than with the help or support or involvement of spouse, like community property acquired before marriage, ancestral property by inheritance, specific gifts etc.

Separation
(n) Separation is the state where a married couple live apart either at the same place or at different places, with out maintaining the marriage relationship, whether by a formal separation or by mutual desire.

Separation Agreement
(n) Separation agreement is the agreement between a married couple to live apart either at the same place or at different places, with out maintaining relationship, as per the terms contained in the agreement of separation.

Sequester
(v) Sequester is the process of isolating a person, specifically a jury commission etc., who were entrusted with an assignment of deciding an issue, with a purpose to prevent such persons from being influenced by external factors and opinions.

Sequestration
(n) Sequestration is the order issued by judge directing isolation of a person, witness, jury etc. until the conclusion of the trial, so that he cannot have access to the outside world which may influence his stand.

Seriatim
(prep) Seriatim is the arrangements of events, facts, issues, statements etc in an orderly manner representing the sequences of its occurrence or other mode of identification. The Latin word 'sear-ee-ah-tim' means "one after another."

Servant
(n) A servant is the person who works for his master as per his directions and instructions in a time bound or activity bound manner for a consideration agreed up on. Unlike a contractor, a relationship of exists between master and servant whereby servant is confined to the work of the master where as a contractor need to get the work completed to ...

Service
(n) Service is the work done by another person whether as a servant or as a contractor, by virtue of his skill, expertise etc., which has been quantified in monetary terms for paying compensation.

Service By FAX
(n)Service by fax is the delivery of the scanned copy of documents by transmitting them via telecommunication channels to the addressee. Fax messages are now accepted as a legitimate service of documents. Fax message which offer simultaneous delivery is followed by mailing the original

Service By Mail
(n) Service by mail is the serving of notice, copies of the legal pleadings to the parties involved by delivery of the same to the adresse using the postal distribution channels.

Service By Publication
(n) Service by publication is the constructional communication of the notice, documents etc by publishing the same in newspapers having general circulation in that area, when the addressee cannot be located at his known address

Service Mark
Protecting a symbol or phrase that a company that provides services uses to identify themselves. Refer to the definition for trademark.

Service Of Process
(n) Service of process is the delivery of document such as notice, summons, shawcause, writs, vacations etc. , by giving or arranging to give copies of the original

Services
(n) Services is the work done by a person on behalf of another person as per an agreement to do such work specified for a consideration payable or paid.

Servient Estate
(n) Servient property is the property used and maintained for the effective utilization of another property. Example: The private approach road to the farmhouse

Session
(n) Session is the division of time based on the business the activity proposed to be done for which it was constituted or called for . Example: Parliament session, Courts session. A session can be a few hours to many days depending on the issue to be completed.