Latin for Lawyers

RESIDUE, RESIDUAL

left after debts and administrative expenses are paid and other legacies and gifts are made. A residuary clause is the provision in a will which disposes of all that is left in the estate after debts, expenses and other gifts and bequests. The residuary estate is all the property and assets left in a testator’s estate after debts and expenses have been paid and specific gifts, bequests and devises have been satisfied. RESIDUE, RESIDUAL [L. residere / to rest, remain] To be left behind. Anything that remains after the removal of other things. That part of a testator’s estate which is left after all debts and expenses are paid and after all legacies are satisfied. Residuals are payments due for per formance of a script or an actor’s part following the first performance, as for a TV show. A claim which is left after all prior claims have been paid. Residual powers are those powers retained by a governmental body after it has assigned or delegated certain enumerated powers to another body, e.g., the residual powers of the states after the Constitutional grant to Congress of enumerated powers. Residual value is the value remaining in an asset after all depreciation allowances have been used up. RESIDUUM [L. residius / left behind, remaining] Anything left behind; anything left over or undisposed of. Synonomous with residuary estate . The residuum rule is an outmoded rule requiring that the decision or order of an administrative agency be supported by some evidence other than legally inadmissible hearsay, i.e., evidence which could survive judicial review under traditional rules of evidence. RES IMMOBILES [L. res + immobilis / immoveable] Things which are fixed in place and therefore immovable, e.g., land, build ings, fixtures. See FIXTURES RES INTEGRA [L. res + integro, integrare / to complete, make whole] Anything new and novel. In legal writing, the phrase refers to a novel issue, an undecided question, a case of first impression. See RES NOVA RES INTER ALIOS ACTA [L. res + inter / between, among + alios / other, different + acta , from ago , agere / to set in motion, drive] Anything involving another place, person or thing than the relevant one; not related or relevant; concerning other matters. In the law of evidence, the doc trine which makes irrelevant and therefore inadmissible, evidence relating to a person extraneous to the action, or to a place other than the place at issue, or to a time not relevant to the acts involved in the litigation.

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