Latin for Lawyers

REAPPORTION

REAPPORTION [L. re + ad / towards + partio , partire / to share, distribute, divide] To redivide or realign the members of a legislative body, e.g., the House of Representatives, to reflect changes in population in order to conform to the Constitutional mandate of “one man, one vote”. Article 1, Section 2 of the Constitution requires congressional reapportionment at least once every ten years, following the census. The state constitutions also contain provisions for changing legislative district lines to reflect population changes. The fed eral courts will intervene if a legislative district is apportioned unfairly. REASON [L. ratio (from reor, reri ) / a reckoning or calculation] The explanation for an act or deed. A cause, basis or motive. Good sense. To think from premise to conclusion. To be logical. The underlying ground or justification for some action. REASONABLE [L. reor, reri / to think, judge, compute] Not extreme or excessive. Conforming to standards which are generally con sidered free of extremes. Fair, proper, sensible, honest, equitable, moderate. Not arbitrary or capricious. Used by lawyers to describe conduct which is generally or socially acceptable under the prevailing circumstances or con trolling facts. The reasonable man test , a test applied in the law of negli gence, asks: “what would a person of ordinary judgment, knowledge and intelligence have done under these circumstances?” Reasonable doubt is the threshold of doubt which determines whether an accused in a criminal matter is guilty or not. To convict, the jury must measure the evidence by the stan dards of prudent men and must find guilt beyond a reasonable doubt . Reason able force is force used in protecting one’s person or property which is justified and proper under the facts presented. See UNREASONABLE REASONABLE ACCOMMODATION The response which an employer is required to make under the Americans With Disabilities Act (42 USCS § 12101 et seq.) to a disabled employee. The term may include making existing facilities readily accessible to and usable by disabled individuals, and making such other accommodations for them as restructuring of job assignments, acquisition of special equipment, retraining, etc. Failure to supply these accommodations is an act of discrimination under § 12112, unless the employer can demonstrate that the accommodation would impose undue hardship on the operation of its business. REBATE [L. re + battuo, battuere / to beat, knock] To blunt, reduce the impact of. To return part of a payment. A discount or reduction in the price of goods or services, usually to induce a purchase or as

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