Latin for Lawyers

L ATIN FOR L AWYERS

said to have a rational basis if it is not unreasonable or arbitrary and if it bears reasonable support in a legitimate state interest. The courts will not disturb legislative or administrative actions which have a rational basis . RE (IN RE) In the matter of, concerning. Also a prefix meaning again, anew, back, back wards. With regard to; concerning. Used to introduce a short, summary state ment of the subject of a letter, article or text. In the law, used most often before case names. e.g., In re Able’s Estate , having the same sense as In the Matter of . See IN RE REAFFIRM, REAFFIRMATION [L. re / again + ad / towards, to + firmo, fir mare / to strengthen, make firm] To make certain; to establish or affirm again. The act of an insolvent debtor in agreeing to pay to his creditor a debt which is dischargeable in bankruptcy. A reaffirmation agreement is an agreement between a debtor in bankruptcy and his creditors in which the debtor agrees to pay his debts regardless of his abil ity to discharge them in the bankruptcy. The agreement is usually reached before the bankruptcy court as part of the discharge hearing. REAL [L. res / a thing, object, matter or circumstance] Actual, true; having a verifiable existence. In the law, the word often relates to and describes land or interests in land: Examples: real estate is a synonym for land or real property ; a real covenant is an agreement affecting land. Also, in the law of negotiable instruments, real defenses are those defenses available under the Uniform Commercial Code against a holder in due course; e.g., the defense of fraud in the essence. The real party in interest is the person who, under the applicable law, has the right to bring an action to enforce the claim, regardless of who will benefit from the litigation. The Fed eral Rules of Civil Procedure require that every action be brought by the real party in interest . REALIZE [L. res / thing, object] To bring into existence. To make real. To receive the proceeds of one’s labor or investment. To convert property into currency, as she realized $250,000 from the sale of her house. REALTY [L. res ] A synonym for real estate or real property.

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