Latin for Lawyers

L ATIN FOR L AWYERS

ing the reasons or basis for the document or for the underlying transaction; usually, the recital is preceded by the word Whereas . Also, in a pleading, the introductory words preceding an allegation or formal claim. RECLAIM, RECLAMATION [L. re + clamare / to call, cry out, shout] To demand and/or regain possession of a chattel or right. To assert one’s right to recover property which was conditionally or mistakenly given to another. To recover goods from an insolvent debtor. To make available for public use an asset which is inaccessible or needs renovation, e.g., a swamp or beach. RECOGNITION [L. re + cognosco , cognoscere / to know, get to know, become acquainted with] A sense that something or someone has happened or been met before. Notice or acknowledgment of a thing or condition. In the law, the word means ratifi cation, confirmation or acceptance. Example: An employer who gives recog nition to a labor union establishes it as the collective bargaining agent for its employees. One country recognizes or acknowledges the official status of another country. RECOGNIZANCE [L. recognoscere / to know again, to recall] A commitment of record before a judge or magistrate in which a defendant promises either that some act will be performed by him or that he will reap pear before the court at a specified time, usually, but not necessarily, under penalty of forfeiting a bond or bail. The authority of a federal judge to release an accused before trial on his personal recognizance is contained in 18 U.S.C.A. § 3142(b). RECOLLECTION [L. re + conligo , conligere / to bring together, gather, col lect] Anything recalled to mind. The act of remembering an event or detail. The law of evidence has adopted several rules to assure that the present testimony of a witness reflects his memory of events as closely and accurately as possi ble. For example, the term past recollection recorded , is the doctrine which admits into evidence, as an exeption to the hearsay rule, a document such as a police report or a written statement signed by the witness when his memory of events was still fresh and reliable. RECOMMEND [L. re + cum / with, together with + mandare / to entrust, order, command] To entrust. To issue a favorable report or comment about. To advise or coun sel. To suggest a course to be taken. A testator may recommend some act or action by his executor; the recommendation may be treated as the testator’s direction. A jury in a criminal case may recommend mercy in the sentencing of the defendant, especially in cases involving juvenile defendants who are

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