Gale Encyclopedia Of American Law 3Rd Edition Volume 14 P21 doc

Reasonable person: AphrasefrequentlyusedinTORT and CRIMI NAL LAW to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability. Reasonable time: In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the UNIFORM COMMERCIAL CODE [UCC]), any time which is not manifestly unreasonable under the circumstances. For example, if a contract does not fix a specific time for performance, the law will infer (and impose) a reasonable time for such performance. This is defined as that amount of time which is fairly necessary, conveniently, to do what the contract requires to be done, as soon as circumstances permit. The term “reasonable time” has other (related) applications: UCC 2-206 (2) requires that acceptance of an offer be made within a “reasonable time” if no time is specified. The reasonableness o r unreasonableness of time used or taken by a party may be the subject of JUDICIAL REVIEW in light of the nature, purpose, and circumstances of each case. In considering whether there has been unreasonable delay in performance, a court may also consider other factors such as prior d ealings between the parties, business routine or custom within the trade, and whether there were any objective manifestations of expectation expressed between the parties. Reasonable woman: A standard used by fact finders in sexual harassment litigation to determine whether sexual harassment has occurred. Rebate: Discount; diminution of interest on capital lent in consideration of prompt repayment thereof; reduction of a charge that is not credited in advance but is returned subsequent to paymentinfull. Rebus sic stantibus: [Latin, At this point of affairs; in these circumstances.] A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which they were based changes to a substantial degree. Rebut: To defeat, dispute, or remove the effect of the other side’s facts or arguments in a particular case or controversy. Rebuttable presumption: A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary. Rebutter: In COMMON-LAW PLEADING, the response made by a defendant to a plaintiff’s surrejoinder, which rebuts earlier denials made by the defendant. Recall: The right or procedure by which a public official may be removed from a position by a vote of the people prior to the end of the term of office. Recaption: Regaining possession of; taking back. Receipt: Acknowledgment in writing that something of value, or cash, has been placed into an individual’s possession; written confirmation of payment rendered. Receipt o f goods refers to the act of taking physical possession of them. Receiver: An archaic term used in common law and civil law countries to d esignate an individual who holds and conceals stolen goods for thieves. Currently, an independent individual appointed by a court to handle money or property during a lawsuit. Receivership: A court order whereby all the property subject to dispute in a legal action is placed under the dominion and control of an independent person known as a “receiver.” GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS RECEIVERSHIP 187 Receiving stolen proper ty: Theoffenseofacquiringgoodswiththeknowledgethattheyhave been stolen, extorted, embezzled, or unlawfully taken in any manner. Recess: In the practice of courts, a brief interval during which all business is suspended without an adjournment. Recidivism: The behavior of a repeat or habitual criminal. A measurement of the rate at which offenders commit other crimes, either by arrest or conviction baselines, after being released from incarceration. Reciprocal: Bilateral; two-sided; mutual; interchanged. Recital: A formal statement appearing in a legal d ocument such as a deed that is preliminary in nature and provides an explanation of the reasons for the transaction. Recklessness: A state of mind characterized by rashness, heedlessness of danger, or wanton conduct. The state of mind accompanying an act that either pays no regard to its probable or possible injurious consequences, or which, though foreseeing such consequences, irresponsibly persists in spite of such knowled ge. It arises in matters of criminal as well as civil (i.e., tort) law, and the standards vary from state to state. Recognition: The confirmation or ACKNOWLEDGMENT of the existence of an act performed, of an event that transpired, or of a person who is authorized by another to act in a particular manner. Recognizance: A recorded obligation, entered into before a tribunal, in which an individual pledges to perform a specific act or to subscribe to a certain course of conduct. Reconciliation: The restoration of peaceful or amicable relations between two individuals who were previously in conflict with one another. Reconveyance: The transfer of real property that takes place w hen a mortgage is fully paid off and the land i s returned to the owner free from the former debt. Recording of land titles: A process by which proof of ownership of real property is filed in the appropriate county office or court to allow purchasers, creditors, and other interested parties to determine the status of the property interests therein. Records: Written accounts of acts, transactions, or instruments that are drawn up pursuant to legal authority by an appropriate officer andappointedtoberetainedasmemorialsor permanent evidence of matters to which they are related. Recoupment: To recover a loss by a subsequent gain. In pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant. Keeping back of something that is due, because there is an equitable reason to withhold it. A right o f the defendant to have a deduction from the amount of the plaintiff’s damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract. Recourse: The right of an individual who is h olding a COMMERCIAL PAPER, such as a check or promissory note, to receive payment o n it from anyone who has signed it if the individual who originally m ade it is unable, or refuses, to tender payment. Recovered memory: The remembrance of traumatic childhood events, u sually involving sexual abuse, many years after the events occurred. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 188 RECEIVING STOLEN PROPERTY DICTIONARY OF LEGAL TERMS Recovery: The acquisition of something of value through the judgment of a court, as the result of a lawsuit initiated for that purpose. Recrimination: A charge made by an individual who is being accused of some act against the accuser. Recuse: To disqualify or remove oneself as a judge over a particular proceeding because of one’s conflict of interest. Recusal, or the judge’s act of disqualifying himself or herself from presiding over a proceeding, is based on the MAXIM that judges are charged with a duty of impartiality in administering justice. Redemption: The release of an estate in real property from a mortgage. Redlining: A discriminatory practice whereby lending institutions refuse to make mortgage loans, regardless of an applicant’s credit history, on properties in particular areas in which conditions are allegedly deteriorating. Redress: Compensation for injuries sustained; recovery or restitution for harm or injury; damages or equitable relief. Access to the courts to gain REPARATION for a wrong. Reductio ad absurdum: [La tin, Reduction to absurdity.] In logic, a method employed to disprove an argument by demonstrating that, by accepting the argument’spremise,oneisledtoabsurd and untenable propositions and consequences, perhaps by showing an inherent contradiction in the argument as formulated. A redu ctio ad absurdum can serve as a useful example for the discrediting of a law that seem s vague or overbroad, in order to show that i t would bring ridiculous, unintended consequences if followed to the letter. Referee: A judicial officer who presides over civil hearings but usually does not have the authori ty orpowertorenderjudgment. Reference: The process by which a tribunal sends a civil action, or a particular issue in the action, to an individual who has been appointed by the tribunal to hear and decide upon it, or to obtain evidence, and make a report to the court. Referendum: Referendum is the right reserved to the people to approve or reject an act o f the legislature or the right of the p eople to approve or r eject legislation that has been referred to them by the legislature. Reformation: A remedy utilized by the courts to correct a written instrument so that it conforms to the original intent of the parties to such an instrument. Reformatories: State institutions for the confinement of juvenile delinquents. Refreshing memory: The process o f aiding a witness’s recollection of certain details during a trial by allowing him or her to consult documents, memoranda, or books in order to better remember once-familiar transactions or events about which he or she is testifying, in case he or she is not otherwise readily able to do so. The item used for such aiding is typically marked as an exhibit. Once memory has thus been refreshed, examination continues. Refugees: Individuals who leave their native country for social, politic al, or relig ious reason s, or who are forced to leave as a result of any type of disaster, including war, political upheaval, and famine. Refunding: Reimbursing funds in restitution or repayment. The process of refinancing or borrowing money, ordinarily through the sale of bonds, to pay off an existing debt with the proceeds derived therefrom. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS REFUNDING 189 Register: To record, or enter precisely in a designated place, certain information in the public records as is mandated by statute. A book of public records. Register of deeds: The designation, in certain jurisdictions, of the public officers who record documents that establish ownership of property, mortgages, and other i nstruments that relate to real property in official record books provided and maintained for such p urpose. Registrar: The public official charged w ith the duty of making and m aintaining public records. Registration: Enrollment; the process of recording entries in an official book. Registration of land titles: A system by which ownership of real property is established through the issuance of an official certificate indicating the name of the individual in whom such ownership is vested. Regressive tax: A tax with a rate that decreases as the taxpayer’s income increases. Regular: Customary; usual; with no unexpected or unusual variations; in conformity with ordinary practice. Regulation: A regulation is a rule or order having the force of law, usually prescribed by an administrative agency, relating to the actions of those under the agency’s control. Rehabilitation: The restoration of former rights, authority, or abilities. Reinstate: To restore to a condition that has terminated or been lost; to reestablish. Reinsurance: The contract made between an insurance company and a third party to protect the insurance company from losses. The contract provides for the third party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract. Rejoinder: The answer made by a defendant in the second stage of COMMON-LAW PLEADING that rebuts or denies the assertions made in the plaintiff’s replication. Relation: Kin; relative. The connection of two individuals, or their situation with respect to each other, who are associated, either by law, agreement, or kinship i n a social status or union for purposes of domestic life, such as parent and child or husband and wife. Relator: The individual in whose name a legal action is brought by a state; the individual who relatesthefactsonwhichanactionisbased. Release: A contractual agreement by which one individual assents to relinquish a claim or right under the law to another individual against whom such claim or right i s enforceable. Release time pr ogram: A release time program is the name for the arrangement by which local public school boards permit students to be dism issed from classes prior to the completion of the regular school day for purposes of religious i nstruction. Relevancy: The tendency of a fact offered as evidence in a lawsuit to prove or disprove the truth of a point in issue. Relief: Financial assistance provided to the indigent by the government. The redress, or benefit, givenbyacourttoanindividualwhobringsalegalaction. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 190 REGISTER DICTIONARY OF LEGAL TERMS Remainder: A future interest held by one person in the real property of another that will take effect upon the expiration of the other property interests created at the same time as the future interest. Remand: To send back. Remedial statute: A law enacted for the purpose of correcting a defect in a prior law, or in order to provide a remedy where none previously existed. R emedial statutes are typically liberally construed. Remedy: The manner in which a right is enforced or satisfied by a court when some harm or injury, recognized by society as a wrongful act, is inflicted upon an individual. Remission: Extinguishment or release of a debt. Remit: To transmit or send. To relinquish or surrender, such as in the case of a fine, punishment, or sentence; to refer to an authority, esp. to send a case back to a lower court. Remittance: Money sent from one individual to another in the form of cash, check, o r some other manner. Remittitur: The procedural process by which an excessive verdict of the jury is reduced. If money damages awarded by a jury are grossly excessive as a MATTER OF LAW, or perhaps significantly more than the plaintiff had sought, the judge may exercise discretion to order the plaintiff to remit a portion of the award. Rules and standards vary by jurisdiction. The inverse of remittitur, in which a jury’s award of damages is subsequently increased, is known as “additur.” Removal: The transfer of a person or thing from one place to another. The transfer of a case from one court to another. In this sense, removal g enerally refers to a transfer from a court in one jurisdiction to a court in another, whereas a change of venue may be granted simply to move a case to another location within the same jurisdiction. Render: Return; yield; pay or perform, as in charges o r services. Renewal: Rehabilitation; reestablishment; substitution of a new right or obligation for another of the same or similar nature. Rent strike: An organized protest on the part of tenants in which they withhold the payment of consideration for the use or occupation of property from their landlord until their grievances are settled. Renunciation: The ABANDONMENT of a right; repudiation; rejection. Renvoi: The process by which a court adopts the rules of a foreign jurisdiction with respect to any conflict of laws that arises. Reorganization: The process of carrying out, through agreements and legal proceedings, a business plan for winding up the affairs of, or foreclosing a mortgage upon, the property of a corporation that has become insolvent. Reorganization plan: A scheme authorized by federal law and promulgated by the president whereby he or she alters the structure of federal agencies to promote government efficiency and economy through a transfer, consolidation, coordination, authorization, or abolition of functions. Reparable injury: A TORT, or civil wrong, that can be compensated through the payment of pecuniary damages, as d istinguished from irre parable i njury or harm that is not compensable through the payment of money. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS REPARABLE INJURY 191 Reparation: Compensation for an injury; redress for a wrong inflicted. Repeal: The ANNULMENT or abrogation of a previously existing statute by the enactment of a later law that revokes the former law. Replevin: A legal action to recover the possession of items of PERSONAL PROPERTY. Replication: In COMMON-LAW PLEADING, the response of a plaintiff to the defendant’spleainan action at law, or to the defendant’s answer in a suit in EQUITY. Reply: The PLEADING in which a plaintiff responds to the defendant’s d emand for relief asserted in a set-off or counterclaim. Report: An official or formal statement of facts or proceedings. To give an account of; to relate; to tell or convey information; the written statement of such an account. Reporter: One who prepares a summary or gives an account. A court reporter is a person who records court proceedings as they take place and then later transcribes the account. A published volume of the decisions of a court or a group of courts. Repossession: The creditor’s p hysical taking back of an item that has been sold on credit, because the debtor has not made sufficient or timely payments on it. The item is often sold or otherwise exchanged, and the proceeds are put toward the money owed and also toward the costs of the repossession. Represent: To exhibit or expose; to appear in the character of. To speak on behalf of the interests of a party or a constituency in legal proceedings or as a delegate in a function or ongoing deliberative body. Representation: Any action or conduct that can be turned into a statement of fact. Representative: An individual who stands in the place of another. Representative action: A legal action in which one or a few members of a class sue on behalf of themselves and other members of the same class; a lawsuit brought by the stockholders of a corporation, on its behalf, for the enforcement of a corporate right. Reprieve: The suspension of the execution of the death penalty for a period of time, often at a time close to the scheduled execution. Reprisal: The act of punishing another for some injury the latter caused. In terms of international law, a reprisal is the forcible taking, in time of peace, by the government of one country the property or territory belonging to another country or belonging to the citizens of the other country, as redress intended to satisfy a claim. Republic: That form of government in which the administration of affairs is open to all the citizens. A political unit or “state,” independent of its form of governm ent. Republication: The reexecution or reestablishment by a testator of a will that he or she had once revoked. Repudiation: The rejection or refusal of a duty, relation, right, or p rivilege. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 192 REPARATION DICTIONARY OF LEGAL TERMS Repugnancy: An inconsistency or opposition between two o r more clauses of the same deed, contract, or statute, between two or more material allegations of the same PLEADING or between any two writings. Requirements contract: A written agreement whereby a buyer assents to purchase for a sufficient consideration (the inducement to enter into an agreement) all the merchandise of a designated type that he or she might require for use in his or her own established business. Requisition: A written demand; a formal request or requirement. The formal demand by one government upon another, or by the governor of one state upon the gove rnor of another state, of the surrender of a fugitive from justice. The taking or seizure of property by government. Res: [Latin, A thing.] An object, a subject matter, or a status against which legal proceedings have been instituted. Res gestae: [Latin, Things done.] Secondhand statements considered trustworthy for the purpose of admission as evidence in a lawsuit when repeated by a witness because they were made spontaneously and concurrently with an event. Res ipsa loquitur: [Latin, The thing speaks for itself.] A rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant’s exclusive control and that the accident was one that ordinarily does not occur in the absence of NEGLIGEN CE. Res judicata: [Latin, A thing adjudged.] Arulethatafinaljudgmentonthemeritsbyacourtthat has jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit. Rescind: To declare a contract void—of no legal force or binding effect—from its inception and thereby restore the parties to the positions they would have occupied had no contract ever been made. Rescission: The abrogation of a contract, effective from its inception, thereby restoring the parties to the positions they would have occupied if no contract had ever been formed. Rescue: The crime of forcibly and knowingly freeing another from arrest, imprisonment, or legal custody. In ADMIRALTY AND MARITIME LAW, the taking back of property seized as prize from the possession of the captors by the party who originally lost it. Rescue doctrine: The principle that one who has, through her NEGLIGENCE,endangeredthesafety of another can be held liable for injuries sustained by a third person who attempts to save the imperiled person from injury. Reservation: A clause in a deed of real property whereby the grantor, one who transfers property, creates and retains for the grantor some right or interest in the estate granted, such as rent or an EASEMENT, a right of use over the land of another. A large tract of land that is withdrawn by public authority from sale or settlement and appropriated to specific public uses, such as parks or military posts. A tract of land under the control of the Bureau o f Indian Affairs to which an American Indian tribe retains its original title to ownership, or that has been set aside from the public domain for use by a tribe. Reserve: Funds set aside to cover future expenses, losses, or claims. To retain; to keep in store for future or special use; to postpone to a future time. Residence: Personal presence at some place of abode. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS RESIDENCE 193 Residency: A duration of stay required by state and local laws that entitles a person to the legal protection and benefits provided by applicable statutes. Residuary clause: A provisio n in a w ill that disposes of property not expressly disposed of by other provisions of the will. Residuum: That which remains after any process of separation or deduction; a balance; that which remains of a decedent’s estate after debts have been paid and gifts deducted. Resolution: The official expression of the opinion or will of a legislativ e body. Respondeat superior: [La tin, Let the master answer.] A common-law doctrine that makes an employer liable for the actions of an employee when the action s take place within the scope of employment. Respondent: In EQUITY practice, the party who answers a bill or other proceeding in equity. Also referred to as an appellee, the respondent is the party against whom an appeal or motion, an application for a court order, is instituted and who is required to answer in order to p rotect his or her interests. Responsive pleading: A formal declaration by a party in reply to a p rior declaration by an opponent. Rest: To cease motion, exertion, or labor. Restatement of law: A series of volumes regarded as an authoritativ e wo rk o f legal scholarship prepared by the authors, scholars, and members of the jud iciary who com prise the American Law Institute (ALI), which presents a survey of a general area of the l aw and the changes that have occurred therein. Restitution: In the context of CRIMINAL LAW, state programs under which an offender is required, as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; in the law of TORTS, or civil wrongs, a measure of damages; in regard to contract law, the restoration of a party injured by a breach of contract to the position that party occupied before she or he entered the contract. Restorative justice: A philosophical framework and a seriesofprogramsforthecriminaljustice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and REPARATION. Restraining order: A restraining order is a command of the court issued upon the filing of an application for an INJUNCTION, prohibiting the defendant from performing a threatened act until a hearing on the application can be held. Restraint of trade: Contracts or combinations that tend, or are designed, to eliminate or stifle competition, create a MONOPOLY, artificially maintain prices, or otherwise hamper or obstruct the course of trade as it would be carried on if it were left to the control of natural economic forces. Restrictive covenant: A provision in a deed limiting the use of the property and prohibiting certain uses. A clause in contracts of partnership and employment prohibiting a contracting party from engaging in sim ilar employment for a specified period of time within a certain geographical area. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 194 RESIDENCY DICTIONARY OF LEGAL TERMS Restrictive indorsement: The act of a payee or other holder of an instrument, such as a check, that consists of signing his or her name upon the back of the instrument in order to transfer it to another and wording the signature in such a manner as to bar the further negotiability of the instrument. Resulting trust : An arrangement whereby one person holds property for the benefit o f another, which is implied by a court in certain cases where a person transfers property to another and gives him or her legal title to it but does not intend him or her to have an equitable or beneficial interest in the property. Retainer: A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services. Retaliatory eviction: The act of a landlord in ejecting or attempting to eject a tenant from the rented premises, or in refusing to renew a lease, because of the tenant’s complaints or participation in a tenant’s union or in similar activities with which the landlord is not in accord. Retorsion: Aphraseusedin INTERNATIONAL LAW to describe retaliatory action taken by one f oreign government against another for the stringent or harsh regulation or treatment of its citizens who are within the geographical boundaries of the foreign country. Retraction: In the law of DEFAMATION , a formal recanting of the libelous or slanderous material. Retro: A retroactive law changes the legal consequences of an action after it has occurred, thus creating a legal posture that was not i n place at the time, such as the criminalization of particular acts that were perfectly legal when committed, or perhaps the instatement or extension of p unishment that was not provided for when acts were committed. As a result of the abrupt changes that they can impose, retroactive laws are generally disfavored in U.S. law. Retroactive: Having reference to things that happened in the past, prior to the occurrence of the actinquestion. Return: The redelivery of a writ, notice, or other form o f legal process to the court after its p roper service on the defendant or after it cannot be served, also called “return of service” the official report made by a court, body of magistrates, or other official board charged with counting votes cast in an election, also called an “election return.” Return day: The day on which votes are counted and the election results announced. The day named in a writ or other form of legal process as the date when the response to that paper must be ma de. The day on which an officer, such as a U.S. marshal, must file proof with the court that he or she has served legal process on a defendant or that he or she cannot serve the papers. The statement is m ade under oath and is called the return or return of process. Revenue: Return or profit such as the annual or periodic rents, profits, interest, or income from any type of real or PERSONAL PROPERTY, received by an individual, a corporation, or a government. Reverse: To overthrow, invalidate, repeal, or revoke. Reversion: Any future interest kept by a person who transfers property to another. Reverter, possibility of: A contingent future interest in real property that a grantor of a determinable fee possesses after he or she has conveyed property. Review: To reexamine judicially or administratively; a judicial reconsideration for purposes of correction, for example, the examination of a case by an appellate court. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS REVIEW 195 Revised statutes: A body of statutes that have been revised, collected, arranged in order, and reenacted as a whole. The legal title of the collection of compiled l aws of the United States, as well as some of the individual states. Revival of an action: A mechanism of legal procedure that operates at the PLEADING stage of litigation to subsequently renew an action that has been abated, terminated, or suspended for reasons other than the merits of the claim. Revive: To renew. Revocation: The recall of some power or authority that has been granted. Revoke: To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse. Revolution: A sudden, tumultuous, and radical transformation of an entire system of government, includ ing its legal and political components. Revolving charge: A type of credit arrangement that permitsabuyeroraborrowertopurchase merchandise or obtain loans on a continuing basis as long as the outstanding balance of the account does not exceed a certain limit. Reward: A sum of money or other compensation offered to the public in general, or to a class of persons, for the performance of a special service. Rex: [Latin, The k ing.] The phrase used to designate the king as the party prosecuting an accused in a criminal action, such as an action entitled Rex v. Doe. Rider: A schedule or writing annexed to a document such as a legislative bill or insurance policy. Right-to-work laws: State laws permitted by section 14(b) of the TAFT-HARTLEY ACT that provide in general that employees are not required to join a union as a condition of getting or retaining ajob. Right: In an abstract sense, justice, ethical correctness, or harmony with the RULES OF LAW or the principles of morals. In a concrete legal sense, a power, privilege, demand, or claim possessed by a particular person by virtue of law. Right of action: The privilege of instituting a lawsuit arising from a particular transaction or state of facts, such as a suit that is based on a contract or a TORT,acivilwrong. Right of election: The prerogative of a surviving spouse to accept the provision the deceased spouse made in the will or to disregard the w ill a nd claim the share specified by statute. Right o f r eentry: A right, retained by the grantor at the time land is conveyed, to reenter and take possession of the land if a certain condition occurs or fails to occur. Right of survivorship: The power of the successor or successors of a deceased i ndividual to acquire the property of that individual upon his or her death; a distinguishing feature of joint tenancy. Right of way: An EASEMENT , a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement. Right to counsel: The legal responsibility for the government to provide every defendant in a criminal action with LEGAL REPRESENTATION that also must be deemed ef fective. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 196 REVISED STATUTES DICTIONARY OF LEGAL TERMS . presence at some place of abode. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS RESIDENCE 193 Residency: A duration of stay required by state and local laws that entitles. purposes of correction, for example, the examination of a case by an appellate court. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS REVIEW 195 Revised statutes: A body of. ordinarily through the sale of bonds, to pay off an existing debt with the proceeds derived therefrom. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS REFUNDING 189 Register: