Latin for Lawyers

L ATIN FOR L AWYERS

RECORDING ACTS [L. recordari ] Recording acts are state statutes governing the recording of public documents such as deeds and mortgages and generally providing that the act of recording constitutes notice to the world. RECOUP, RECOUPMENT [L. recupero , recuperare / to reclaim, recover] To recover. A claim by the defendant to retain some of the money owed by him to the plaintiff which arises out of the same transaction as the one sup porting the plaintiff’s claim. An affirmative defense alleging that the defen dant is entitled to setoff some part of his obligation to the plaintiff because of a breach by the plaintiff arising out of the same transaction as in the com plaint. A counterclaim. Most modern courts will require that claims for recoupment be asserted as compulsory counterclaims. RECOURSE [L. re + curro , currere / to run or rush; to run back] To turn or resort to a source of help or protection. The right of the holder of a negotiable instrument to demand payment from the maker or a prior endorser. (Unless the instrument is drawn or endorsed without recourse , in which case the liability of the maker or endorser is limited.) Also, the right of a creditor, promisee or obligee to demand payment from a surety or other person sec ondarily liable, after default upon an obligation by the debtor, promisor or prime obligor. RECOVER, RECOVERY [L. recupero , recuperare / to reclaim, receive, recover] To regain a normal condition or state. To make up for; restore. To reclaim. To gain payment of a debt or restoration of property. A legal verdict or judgment in one’s favor at the close of a trial or proceeding. The amount of a verdict or judgment, or of the relief obtained by the successful party in an action. RECRIMINATION [L. re + criminor , criminari / to accuse, make a charge against] An accusation in response to another accusation; a retaliatory charge. In a suit for divorce, for example, a charge by a party accused of adultery that the other party has also committed adultery. The effect of charge and counter charge was usually to leave both parties without relief. In those states which have adopted no-fault divorce statutes, the defense of recrimination has no application. RECTIFY [L. rectus (from regare / to direct or rule) / straight + facere / to make or do] To set right, to correct. A party to a contract or instrument which contains a mutual mistake may move to have it rectified .

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