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Law Glossary / "R - Z"
This section defines law terms commonly used in injury claims. Entries have been simplified for the benefit of non lawyers  Sources: Black's Law Dictionary, Abridged 5th ed., 1983 and Oran's Law Dictionary for Non Lawyers,1975. 
From The Ashes:
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Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial. 

 Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case. 

 Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt". That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge. 

 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. 

 Redirect examination - Follows cross examination and is carried out by the party who, first examined the witness. 

 Remand - To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings. 

 Reply - Pleading by the plaintiff in response to the defendant's written answer. 

 Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender. 

 Restitution - Act of giving the equivalent for any loss, damage of injury. 

 Rests the case - When a party concludes his presentation or evidence. 

 Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body. up arrow

Service - Delivery of a legal document to the opposite party.

 Set aside - Annul or void as in "setting aside" a judgment. 

 Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy. 

 Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial. 

 Statute - A law created by the Legislature. 

 Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights. 

 Stay - Halting of a judicial proceeding by order of the court. 

 Stipulation - Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings. 

 Subpoena - Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court. 

 Subpoena duces tecum - "Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial. 

 Suit - Any court proceeding in which an individual seeks a decision. 

 Summons - Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action. up arrow

Testimony - Any statement made by a witness under oath in a legal proceeding. 

 Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages. 

 Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk. 

 Trial - The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case 

 Trier of facts - The jury or, in a non-jury trial, the judge, or an administrative body. up arrow

Venue - The specific county, city or geographical area in which a court has jurisdiction. 

 Verdict - Formal decision made by a judge or jury (trier of facts). 

 Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications. up arrow

Willful act - An intentional act carried out without justifiable cause. 

 Witness - Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed. 

 Writ - A special, written court order directing a person to perform, or refrain from performing, a specific act

 

 
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