Latin for Lawyers

RECESS

judicial officer to gather, take possession and custody of, and administer, the assets of an estate or a debtor. The duty of the receiver is to preserve the assets and to prevent loss or damage. Also, in any civil litigation, a person appointed by the court pendente lite , to hold and manage the assets which are the subject of the litigation and to distribute them at the end of the litigation as directed by the court. Also, in criminal law, a person who takes possession of stolen property with knowledge that it is stolen or wrongfully obtained. See PENDENTE LITE RECESS [L. re + cedere / to go, move forward] An interruption in the regular conduct of business for rest or relaxation. A break in the conduct of a trial or hearing. A short interval in which the court suspends business without adjourning. Also, an interval between one session of a continuously sitting legislature and another. RECIDIVATE, RECIDIVISM [L. recido, recidere / to fall back, recoil] To fall back; to return to a prior condition. To commit a criminal offense after a period of lawfulness. Recidivism is chronic or habitual criminality; also the return to crime after a lapse of time. RECIDIVIST [L. recido , recidere / to fall back, relapse] One who falls back or relapses. A habitual criminal. A repeat offender. RECIPROCAL [L. reciproco , reciprocare / to move backwards; to move both backwards and forwards] Shared by both sides; mutual. Complementary; a counterpart. A reciprocal contract is a bilateral contract. A reciprocal promise is a promise given by one party in exchange for a promise by the other. Reciprocal trusts are two mutual trusts: in one A is beneficiary of a trust created by B; in the other B is beneficiary of a trust created by A. Reciprocal Wills occur when two testators execute wills naming one another as beneficiary. RECIPROCITY [L. reciprocare / to move back and forth] Mutuality of treatment and interests. The relationship between two American states in which each extends to citizens of the other certain rights and privi leges which would otherwise be limited, restricted or unavailable to them. For example, New Jersey may, but does not, give reciprocity of practice to lawyers licensed in New York in exchange for similar treatment by New York of New Jersey practitioners. All states accord reciprocal driving privileges to citizens of other states who are licensed to drive in their home state. RECITAL [L. recito , recitare / to read aloud; to read to an audience] A public performance by an actor, musician or dancer. The introductory words or phrases at the outset of a document, e.g., a deed or contract, explain-

326