Latin for Lawyers

L ATIN FOR L AWYERS

REDUNDANCY [L. redundo , redundare / to overflow, wash over] Needless or superfluous repitition. Something that can be eliminated without causing loss or diminution (in meaning). In the law, any part of a legal instru ment which is irrelevant to its purpose or meaning. In pleadings, foreign or extraneous matter which is subject to a motion to strike. Also, now, the condi tion of employees who are not needed and are subject to layoff. REFER, REFEREE, REFERENCE [L. re + fero , ferre / to bear, carry, bring] The core word refer means to direct one’s attention to; to send or dispatch for a particular purpose; to look at or examine, as to refer a client to a lawyer or a patient to a doctor. In the law, the word means to submit a case or matter for disposition to a court or tribunal; e.g., to refer a motion to the motion part, or a hearing to a referee . A referee is the person to whom a court refers the determination of a particular matter or issue, e.g., to take testimony, render an accounting, or hear and report on specific testimony. A reference is the act of the court in assigning a matter to a referee or other court officer for determi nation. REFERENDUM [L. refero , referre / to carry back, bring back, repeat, refer] The submission to the electorate at large of a statute, constitutional amend ment or constitution for its approval or disapproval. There is no provision in the U.S. Constitution for a public referendum on national legislation or on constitutional amendments. Many of the states, especially the Mountain and Pacific states, do have constitutional provisions for referenda on state-wide and even municipal issues. REFORM, REFORMATION [L. reformo , reformare / to form or make again] To change or alter for the better, to improve; to correct or amend. As used in the law, the word reform generally applies to the process by which a court may review and determine the true intent of the parties in drafting or execut ing a legal instrument which contains some error or mistake and then, in effect, to amend the instrument to eliminate the error and express the true intent. The mistake can be a typographical error, a mistake in dates, a mistake in language, etc. Reformation is the process by which a court of equity orders amendments or corrections of a document to cause it to correspond with the true intent of the parties. The process is usually allowed where there has been a mistake in fact or a mistake of law with respect to the intended legal effect of the language used in the document. In some cases, reformation is applied to undo fraud or misrepresentation. REFUGE, REFUGEE [L. re + fugio , fugere / to flee, run away] To provide shelter or protection from danger. A place of safety or protection, as a church or an embassy. A refugee is a person who is forced to flee from a

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