Latin for Lawyers

L ATIN FOR L AWYERS

to enable the trial court to follow the directions of the appellate court and to conduct a new trial, or to enter judgment in accordance with the decision on appeal, or to take other action consistent with the court’s opinion. See ADDITUR, REMAND REMOTE [L. removere , remotus / to put back, withdraw, remove, move away] Removed or distant in space, time or degree. The word has many meanings for lawyers. In the law of negligence, a remote cause is an unlikely cause, a cause which, as viewed in the ordinary experience of men, could not reason ably have caused the event or effect complained of. In the law of evidence, when no reasonable probative inference can be made from a fact offered in evidence, the evidence will be rejected as remote . In property law, an interest which will vest beyond the period permitted under the Rule Against Perpetu ities is considered remote and therefore violates the Rule. REMOVE, REMOVAL [L. re + moveo , movere / to move, set in motion] To change the location of; to move from one place to another. To move an action from one court to another, as an action originally brought in a state court to the federal district court; the removal will succeed only if the federal court has jurisdiction. Title 28 of the U.S. Code permits removal from a state court to a federal court when diversity of citizenship exists, when the action involves a claim under the Constitution, or when the defendant is a foreign country or agent. In some cases, the court from which the case is removed will insist on a removal bond . A removal bond may also be required of an exporter who removes goods from a warehouse for export. A person may be removed from office (i.e., he may be dismissed or his appointment termi nated) for good cause. A cloud or infirmity in title may be removed by the court in an action to quiet title. RENDER, RENDITION [L. reddo , reddere / to give back, pay up, deliver] To give over, furnish, deliver, as a payment. To manifest or depict, as by a drawing or sculpture. To make or do. To melt down. Also, the act of a jury or judge in reaching and announcing a decision. A jury renders its verdict when it agrees upon a decision and reports it to the court in the required form. The court renders its decision when it first announces it, either orally in open court or in a written memorandum or opinion filed with the clerk of court. The court’s judgment is rendered when it is first announced. It is entered when a clerk records it in an official record. RENEW, RENEWAL [L. re / again + novus / new, young] To make new again. To rejuvenate, restore or revive. To restore a right, as to renew a judgment (e.g., to extend the statute of limitations). To do again, as to renew an objection at trial. Renewal is the act of restoring or starting again, as

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