术语
|
定义
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quash |
To vacate, void, nullify. |
quid pro1 quo |
"Something for something." Fair return consideration; i.e., giving something of value in return for getting something of similar value. |
quo warranto (quo wah RANT2 oh) |
Writ3 used to discover by what authority an individual holds or claims a public office, franchise4 or liberty. |
rap sheet |
See criminal history record information. |
ratio decidendi (RAY she oh DES ih DEN5 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 testimony6. |
real property |
Land, anything growing on the land and anything erected7 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 judgment8. Used as legal standard to determine negligence9. |
rebuttal |
Evidence which disproves evidence introduced by the opposing party. |
recidivism10 (reh SID ih vizm) |
Relapse into former type of behavior, as when an individual relapses into criminal behavior. A habitual11 criminal is a recidivist. |
recognizance |
See personal recognizance. |
record |
Official documents, evidence, transcripts12, etc., of proceedings13 in a case. |
recusal |
Process by which a judge excuses him/herself from hearing a case. |
recusation |
Plea by which defendant14 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 rehabilitation15. |
redress16 |
To set right; to remedy; to compensate17. |
referral |
Process by which a juvenile18 case is introduced to court, agency or program where needed services can be obtained. |
referee19 |
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 custody20 after a preliminary examination. |
remedy |
Means by which right or privilege is enforced or violation21 of right or privilege is prevented, redressed22 or compensated23. Also called relief. |
remittitur (reh MID24 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. |
restitution25 |
Return of something to its rightful owner. Also, giving the equivalent for any loss, damage or injury. |
restraining order |
Order prohibiting someone from harassing26, 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 sufficiently27 harmful to justify28 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 revoke29. |
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 larceny30. |
rule of court |
Rules governing how a given court operates. |
rules of evidence |
Standards governing whether evidence is admissible |