Latin for Lawyers

RECUPERATIO

RECUPERATIO [L. recuperare / to recover] Articles and chattels recovered by the plaintiff as the result of a judgment finding a wrongful detention of goods. RECUSATIO JURIS [L. recusatio / refusal, protest + ius, iuris / law] An exception or challenge to a judge based upon the judge’s bias or partiality. RECUSE, RECUSAL, RECUSATION [L. recuso , recusare / to object to, refuse] To remove oneself from participation in a decision because of an actual or potential conflict of interest. To disqualify oneself from sitting as a judge in a particular matter. The process by which a judge, whether in response to a motion by one of the parties or on his own motion, agrees not to preside over a case, usually for reasons of bias or conflicting interest. Also, a court order removing a prosecutor from a case for bias or prejudice against the defen dant. REDEEM, REDEMPTION [L. redimo , redimere / to buy back, redeem] To regain or repurchase as a matter of right. To free from a lien or pledge by payment of a required sum. Used by lawyers in several contexts, all describ ing the recovery of a property right or interest after satisfying some obliga tion or debt. Examples: When a mortgagor pays off a mortgage on real property, he redeems it free and clear of the mortgage. When a debtor buys property back within the prescribed redemption period from a purchaser at a forced sale, he has redeemed the property. When a person pays a pawnbroker the amount owed on a particular article and gets it back, he redeems it. A cor poration redeems a note or bond by paying the holder the obligation expressed in the instrument. REDUCE, REDUCTION [L. re / again + duco, ducere / to draw from place to place, pull, lead] To make smaller. To convert into another form, as to reduce a thought to writ ing. To change a chose in action into a chose in possession, or a claim to judgment, or a right to payment into a security interest. In patent law, the term reduce to practice means to demonstrate that an invention has practical use. REDUCTIO AD ABSURDUM [L. reduco , reducer e / to draw back, lead back + ad / to, towards + absurdus / harsh, foolish (from surdus / deaf)] To reason or argue in such a way that an absurd conclusion is inevitable. To carry something to an absurd extreme. To disprove a theory or proposition by showing that if followed logically it will lead to an absurd result.

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