Latin for Lawyers

L ATIN FOR L AWYERS

RETRIBUTION [L. retribuo , retribuere / to give again, give another his due, pay back] Anything given in payment or in response. The word has both a positive — payment back — and a negative — punishment, penalty — meaning. In crim inal law, retribution is the “eye for an eye” principle, i.e., the notion that every criminal must be made by society to pay for his crime. RETRO [L. backwards, back, behind] Used as a prefix to denote something existing in the past or positioned behind. RETROACTIVE [L. retro + ago , agere / to set in motion, drive, do, act] Going back to the past. Extending forward from a prior time. Made effective as of a date in the past. Having a present effect on past events. A retroactive law or statute is present legislation which has the affect of restricting rights created or existing in the past, or of creating new duties or obligations which did not exist in the past but which affect rights and property already vested. Any law which imposes a different present legal effect or impact on com pleted transactions or on vested interests that existed at the time the statute was passed. In general, these laws are void as ex post facto under the U.S. Constitution. See EX POST FACTO RETROSPECTIVE [L. retro + specto , spectare / to look at, inspect, watch] Looking back or backwards. Affecting things past. An exhibition of an art ist’s existing work produced over a period of time. Synonymous with retroac tive. A retrospective law is the same as a retroactive law and has the same legal effect. RETURN [L. re / back, again + torno, tornare / to turn, as on a lathe] To send or carry back. The act of a sheriff or other court officer in conveying to the court his report of actions taken by him in response to a writ or order of the court, e.g., a writ of execution; also, the endorsement by such officer of his actions under the writ or other document issued by the court. Also, the report of a body empowered to count ballots after an election, showing the election results. Also, the formal statement of earnings, deductions and allowances required of each taxpayer, together with his calculation of taxes due. Also, anything returned, e.g., a check returned by a bank for insufficient funds, or goods returned by a buyer for defects or non-compliance. Also, the income from an investment or the profit on a sale. A return of service is proof of service of a summons or subpeona. The return day is the date fixed by the court for the filing of an answer, the hearing of a motion, or some other step in the course of litigation.

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