Sex with a woman, other than a wife, without her consent. But many states have
changed this basic definition to include sex with a minor (with or without consent; also known as
statutory rape), sex with a man without his consent, or exempting men who force their wives to
have sex.
Usually, every element of a case must be proven to a judge or a
jury. The exception is a "presumption", which means that if certain other facts are proven, then
another fact can be taken for granted by the judge (or jury). For example, in some states, an
adult caught having intercourse with a minor is presumed as having known that the minor was
under-age. Most presumptions are "rebuttable", which means that the person against whom the
presumption applies may present evidence to the contrary, which then has the effect of nullifying
the presumption. This then deprives the person that tried to use the presumption with the
advantage of the "free" evidence and makes him present evidence to support the fact which
might have been proven by the presumption.
Buying back. When a vendor later buys the property back. A right of redemption
gives the vendor the right to buy back the property. In some jurisdictions where a mortgage
transfers title to the lender until the mortgage is paid off, the "buying back" of the property is
known as redemption.
An informer; a person who has supplied the facts required for a criminal prosecution
or a civil suit. In criminal prosecutions in some states, this would be indicated by the use of the
expression ex. rel. as in The State of California ex. rel. Robert Smith v. George Doe.
A right to future enjoyment or ownership of real property. The "left-over" after
property has been conveyed first to another party. A remainder interest is what if left-over after a
life estate has run its course. Contrary to a reversion, a remainder does not go to the grantor or
his (or her) heirs.
Abbreviation for "reciprocal enforcement of maintenance orders" and the name of the
international system of recognition, registration and enforcement of child and spousal support
orders between countries which have agreed, between themselves, to enforce each other's
maintenance orders. Originally created by England, the international REMO system now
spreads over many countries. In the USA, the system is known as UIFSA or URESA.
This is the consideration paid by a tenant to a landlord in exchange for the exclusive use
and enjoyment of land, a building or a part of a building. Under normal circumstances, the rent is
paid in money and at regular intervals, such as the first of every month. The word has also come
to be used as a verb as in to "rent an apartment", although the proper legal term would be to
"lease an apartment."
Latin for "things done." A peculiar rule, used mostly in criminal cases, which
allows hearsay if the statement is made during the excitement of the litigated event. For
example, the words "stick 'em up!" used during an armed robbery would be admissible in
evidence under the res gestae rule. So, too, would spontaneous statements made by the
defendant during or right after the crime. Some laws even allow res gestae statements to be
introduced in evidence in special kinds of prosecutions. For example, in child sexual abuse
cases, the statement made by a child to another person may be allowed as evidence even
though, technically, it offends the rule against hearsay. This is to recognize the trauma of having
a child testify in open court on the subject of her or his abuse. Res gestae evidence usually
requires a voir dire hearing before it is admissible unless the defense allows it to be put on the
trial record unchallenged.
A word used in tort to refer to situations where negligence is presumed on
the defendant since the object causing injury was in his or her control. This is a presumption
which can be rebutted by showing that the event was an inevitable accident and had nothing to
do with the defendant's responsibility of control or supervision. An example of res ipsa loquitur
would be getting hit by a rock which flies off a passing dump truck. The event itself imputes
negligence (res ipsa loquitur) and can only be defeated if the defendant can show that the event
was a total and inevitable accident.
Latin for restitution to the original position. In contract law, upon
breach of contract, the injured party may ask the court to reverse the contract and revert the
parties to their respective positions before the contract was accepted. But if the court finds that
restitutio in integrum is not possible because of actions or events occurring since the date of
acceptance, then the court may order that damages be paid instead.
Under ancient English common law, when a party enforced a court judgment and then that
judgment was overturned on appeal, the appellant could ask the appeal court for
"restitution", or financial compensation placing that appellant in the same position as if the
original legal decision had not been enforced. A new strain of common law has also developed
called "restitution", closely associated with unjust enrichment, whereby a person is deprived of
something of value belonging to them, can ask a court to order "restitution". The best example
is asking a court to reverse or correct a payment made in error.
A trust that is presumed by the court from certain situations. Similar to a
constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law
assumes that the property is not held by the right person and that the possessor is only holding
the property "in trust" for the rightful owner. In constructive trusts, the courts don't even bother
with presuming an intention; they simply impose a trust from the facts.
A contract between a lawyer and his (or her) client, wherein the lawyer agrees to
represent and provide legal advice to the client, in exchange for money. The signed retainer
begins the client-lawyer relationship from which flow many responsibilities and duties, primarily
on the lawyer, including to provide accurate legal advice, to monitor limitation dates and to not
allow any conflict of interest with the relationship with the client.
A future interest left in a transferror or his (or her) heirs. A reservation in a real
property conveyance that the property reverts back to the original owner upon the occurence of
a certain event. For example, Jim gives Bob a bulding using the words "to Bob for life". Upon
the death of Bob, the property reverts back to Jim or to Jim's heirs. Differs from a remainder in
that a remainder takes effect by an act of the parties involved. A reversion takes effect by
operation of the law. Nor is a reversion a "left-over" as is a remainder. Rather, it reverts the
entire property.
A right given to a person to be the first person allowed to purchase a
certain object if it is ever offered for sale. The owner of this right is the first to be offered the
designated object if it is ever to be offered for sale.
Special rights of people who own land that runs into a river bank (a "riparian
owner" is a person who owns land that runs into a river). While not an ownership right, riparian
rights include the right of access to, and use of the water for domestic purposes (bathing,
cleaning and navigating). The extent of these rights varies from country to country and may
include the right to build a wharf outwards to a navigable depth or to take emergency measures
to prevent flooding.
A common law rule that prevents suspending the transfer of
property for more then 21 years or a lifetime plus 21 years. For example, if a will proposes the
transfer of an estate to some future date, which is uncertain, for either more than 21 years after
the death of the testator or for the life of a person identified in the will and 21 years, the transfer
is void. Statute law exists in many jurisdictions which supersedes the common law rule. For
more information, see the WWLIA article on the "Rule Against Perpetuities."