Latin for Lawyers

L ATIN FOR L AWYERS

RELINQUISH [L. relinquere / to leave behind] To withdraw or retreat from; to leave behind. To yield control or dominion over. To abandon, give up or surrender (property). Example: an emigrant to another country may relinquish his citizenship in the country of his birth. RELY, RELIANCE [L. re + ligare / to bind or tie; to tie back; to bind up again] To have confidence in; to be dependent on; to trust. The law sometimes requires a show of reliance before it gives relief. In actions for deceit or mis representation, the plaintiff must show reliance to his detriment on the repre sentations of the defendant. In actions based on promissory estoppel, the plaintiff must prove that he relied on the promissor’s promise when he acted. REM [L. res / thing, object, matter, circumstance] The thing. A transaction. A matter. The subject matter of a trust, i.e., the assets and property held in trust. Also, any thing, object or property against which or concerning which a legal proceeding is begun, including real and personal property. See IN REM REMAINDER [L. remaneo , remanere / to stay behind] A matter or thing left behind. What is left after a part of the whole is removed. What is left when a larger number is divided by a smaller number which is not a factor of the larger number. An interest or estate in land which will take effect immediately after the expiration of a prior interest created at the same time and by the same instrument; both may be created by deed or by will. A remainder is distinguished from a reversion in that, a remainder must be in a transferee other than the grantor. Also, a remainder arises by express or implied act of the grantor, whereas a reversion arises by operation of law. Example of remainder : I give and devise Whiteacre to my daughter Mary for life, and upon her death, to my son Robert. The interest in Robert is a remain der ; Robert is a remainderman . See REVERT REMAND [L. re + mandare / to commit to the charge of another; to entrust. To return to custody; to recharge; to order back] To send or refer back. The act of an appellate court in sending a case back to the trial court for a hearing on some limited issue or for a new trial or for entry of judgment as directed by the appellate court; also, the act of a court in returning an admininstrative matter to an agency for further review and deter mination. Also, the act of the court in returning to custody an accused who was released pending appeal but whose appeal has been denied, or whose habeus corpus petition has been denied.

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