Latin for Lawyers

L ATIN FOR L AWYERS

REQUISITION [L. requarere / to request, ask for] The act of demanding that something be furnished. A demand by the military upon civilians to furnish food and lodging to troops. Any taking of private property by the government or its agencies. A formal demand by the governor of one state to the governor of another to surrender a fugitive or escapee, or by one country to another. RES Thing, object, matter, subject matter. Anything which is the subject matter of litigation. See REM, IN REM RES ACCESSORIA SEQUITUR REM PRINCIPALEM Accessory objects follow the principal object. RES ADJUDICATA See RES JUDICATA RESCIND, RESCISSION [L. re + scindo , scindere / to cut, tear apart, rend] To withdraw or take back, as an offer. The act of canceling, repealing or abro gating some act. In the law of contracts, the act of avoiding or annulling a contract or promise. The effect of rescission is to make the contract null and void at and from its inception, i.e., as though it had never existed. It is differ ent from termination, which is effective at the date of termination. Rescission may be effectuated by agreement of the parties, by judicial decree or by uni lateral notice based upon fraud, mistake, breach or illegality. Also, an action in equity to declare a contract void (and therefore relieve the complaining party of performance) because of the fraud of the other party or because of mutual mistake, impossibility or illegality. RES COMMNUNES [L. res / thing + communis / general, common, public] Those things which are the inalienable property of all citizens or are reserved for the common good. Property which can be owned or usurped by no one person, including the sovereign. These include air, light and water. See RES PUBLICAE RES CORPORALES [L. res / thing + corpus, corporalis / of the body] Tangible property. RESCRIPT [L. re + scribo , scribere / to draw, engrave, write] To write again. The reponse of a Roman emperor to an inquiry or petition. A written order from a judge to the court clerk regarding the disposition of a case. The written decision of an appellate court directed to the lower court,

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