Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Ransom |
Money paid to have a kidnapped person released. |
| Rape |
Originally, forced sex with a woman, other than a wife, without her consent. This basic definition is changing to include sex with a minor (with or without consent; also known as statutory rape), sex with a man without his consent, and sex by force within marriage. |
| Re-direct examination |
Opportunity to present rebuttal evidence after one´s evidence has been subject to cross-examination. |
| Real property |
Immoveable property such as land or a building or an object that, though at one time a chattel (which see), has become permanently affixed to land or a building. |
| Reasonable Care |
The standard of care in negligence cases; the duty to act reasonably so as to avoid harming others. |
| Rebuttable presumption |
A "presumption means that if certain facts are proven, then another fact can be taken for granted by the judge (or jury). Most presumptions are "rebuttable". The person against whom the presumption is made may present evidence to the contrary, thereby rebutting the presumption, which has the effect of nullifying it. At this point, the person that tried to use the presumption is deprived of the advantage of "free" evidence and now must present evidence to support the fact which might have been proven by the presumption. |
| Rebuttal |
The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced. |
| Reconsideration of a summary rating |
A process used when you don´t have an attorney and you think mistakes were made in your permanent disability rating. |
| Record |
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| Redemption |
To buy back; when a vendor later buys the property back. A right of redemption gives the vendor the right to buy back the property. In some jurisdictions where a mortgage transfers title to the lender until the mortgage is paid off, the "buying back" of the property is known as redemption. |
| Regular work |
Your old job, paying the same wages and benefits as paid at the time of an injury and located within a reasonable commuting distance of where you lived at the time of your injury. |
| Relator |
An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. In criminal prosecutions in some states, this would be indicated by the use of the expression ex. rel., as in The State of California ex. rel. Robert Smith v. George Doe. |
| Relenza |
A medicine used to treat the flu. Some patients have had serious breathing problems while using Relenza, and it is no longer recommended for those with chronic respiratory disease. |
| Remainder |
A right to future enjoyment or ownership of real property; the "left-over" after property has been conveyed first to another party. A remainder interest is what is left over after a life estate has run its course. Contrary to a reversion (which see), a remainder does not go to the grantor or his (or her) heirs. |
| Remand |
The decision of an appellate court to send a case back to the trial court with instructions on how to correctly decide the case; often used with the term ?reversed.? Reversed means that the appellate court overturned the trial court?s decision. |
| Remedies |
Relief that the plaintiff receives from the defendant in a lawsuit. Often this will include monetary damages or equitable relief (i.e. injunctions). |
| REMO |
Abbreviation for "reciprocal enforcement of maintenance orders" and the name of the international system of recognition, registration and enforcement of child and spousal support orders between countries which have agreed, between themselves, to enforce each other's maintenance orders. Originally created by England, the international REMO system now spreads over many countries. In the USA, the system is known as UIFSA or URESA. |
| Rent |
The consideration paid by a tenant to a landlord in exchange for the exclusive use and enjoyment of land, a building or a part of a building. Usually, rent is paid in money and at regular intervals, such as the first of every month. The word has also come to be used as a verb, as in to "rent an apartment", although the proper legal term would be to "lease an apartment." |
| Replacement rate |
The amount of pre-retirement earnings that Social Security benefits replace. A way to gauge the adequacy of retirement income. |
| Replevin |
A legal action taken to reclaim goods which have been distrained, or held by a landlord as collateral. See also distraint. |
| Reply |
Pleading by the plaintiff in response to the defendant´s written answer. |
| Representative Payee |
If you receive Social Security benefits or Supplemental Security Income and become unable to handle your own financial affairs, a relative, friend, or an interested party is appointed to handle your Social Security matters. |
| Res gestae |
Latin for "things done." A peculiar rule, used mostly in criminal cases, which allows hearsay if the statement is made during the excitement of the litigated event. For example, the words "stick 'em up!" used during an armed robbery would be admissible in evidence under the "res gestae" rule. So, too, would spontaneous statements made by the defendant during or right after the crime. Some laws even allow "res gestae" statements to be introduced in evidence in special kinds of prosecutions, such as a statement made by a child to another person in a child sexual abuse case. Such a statement may be allowed as evidence even though, technically, it offends the rule against hearsay. This is to recognize the trauma of having a child testify in open court on the subject of her or his abuse. "Res gestae" evidence usually requires a "voir dire" (which see) hearing before it is admissible unless the defense allows it to be put on the trial record unchallenged. |
| Res ipsa loquitur |
A word used in tort referring to situations in which negligence is presumed on the defendant since the object causing injury was in his or her control. This is a rebuttable presumption, since it may be possible to show that the event was an inevitable accident and had nothing to do with the defendant's responsibility of control or supervision. An example of "res ipsa loquitur" would be getting hit by a rock which flies off a passing dump truck. The event itself imputes negligence ("res ipsa loquitur") but could be defeated if the defendant can show that the event was a total and inevitable accident. |
| Res judicata |
Latin: A matter which has already been conclusively decided by a court. |
| Rescind |
To abrogate or cancel a contract, so that both parties are in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence); or it can be set aside by joint agreement by the parties, for example if they reach a new agreement. |
| Respondent |
Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. |
| Restitutio in integrum |
Latin for restitution to the original position. In contract law, the party injured by a breach of contract may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. If the court finds that "restitutio in integrum" is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead. |
| Restitution |
Act of giving the equivalent for any loss, damage of injury. |
| Rests the case |
When a party concludes his presentation or evidence. |
| Resulting trust |
A trust that is presumed by the court from certain situations. The court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property "in trust" for the rightful owner. In constructive trusts, the courts do not presume an intention; they simply impose a trust from the facts. |
| Retainer |
Advance payment of fees, or fees and costs, made by a client to an attorney when the client retains the attorney to act for him or her. |
| Retirement Age - Full Benefits |
Full retirement age was 65 for many years. However, beginning with the year 2000 (for workers and spouses born 1938 or later, or widow and widowers born 1940 or later), the retirement age increases gradually from age 65 until it reaches age 67 in the year 2022. |
| Retirement Age - Minimum |
The minimum age for retirement-age 62 for workers, and age 60 for widows or widowers. You can choose a reduced benefit anytime before you reach full retirement age. |
| Retroactive Benefits (Back Pay) |
Monthly benefits that you may be entitled to before the month you actually file an application, if you meet the entitlement requirements. |
| Reversal |
Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body. |
| Reversion |
A future interest left in a transferor of property, or his (or her) heirs; a reservation in a real property conveyance such that the property reverts back to the original owner upon the occurrence of a certain event. For example, Jim gives land to his church to build a new church edifice, with the provision that if the church ceases to use the building, the land and building revert to the giver or his heirs. Differs from a remainder in that a remainder takes effect by an act of the parties involved. A reversion takes effect by operation of the law. Nor is a reversion a "left-over" as is a remainder. Rather, it reverts the entire property. |
| Rezulin |
A prescription diabetes drug that was used to control Type 2 diabetes in combination with insulin or sulfonylurea. Rezulin was recalled by the FDA because it was linked to liver failure. |
| RH Incompatibility |
Results when the blood type of the fetus, or developing child, differs from the blood type of the mother. |
| RhoGAM |
A medicine which was injected into pregnant women to avoid specific pregnancy complications. RhoGAM used to contain thimerosal, which some suspect is related to the development of autism. |
| Right of first refusal |
A right given to a person to be the first to be offered the designated object if it is ever to be offered for sale. |
| Riparian rights |
Special rights of people who own land that runs into a river bank (a "riparian owner" is a person who owns land that runs into a river). While not an ownership right, riparian rights include the right of access to, and use of the water for domestic purposes (bathing, cleaning and navigating). The extent of these rights varies from country to country and may include the right to build a wharf outwards to a navigable depth or to take emergency measures to prevent flooding. |
| Rule against perpetuities |
A common law rule that prevents suspension of the transfer of property for more then 21 years or a lifetime plus 21 years. If a will, for example, proposes the transfer of an estate at some future date, that is either more than 21 years after the death of the testator or that is for the life of a person identified in the will plus 21 years, the transfer is void. Statute law exists in many jurisdictions which supersedes the common law rule. |




