Legal Terms: R

Engaging in a pattern of criminal activity as part of an organized enterprise. Prosecuted under federal RICO statutes.

A rule generally barring evidence of an alleged victim's other sexual behavior or predisposition in sexual-misconduct cases, subject to narrow exceptions.

The formal approval of an agreement, amendment, or treaty. In contract law, the acceptance of a previously unauthorized act.

The Resource Conservation and Recovery Act, the principal federal statute governing the generation, transportation, treatment, storage, and disposal of hazardous and solid waste.

A voluntary agreement by a debtor to continue paying a dischargeable debt after bankruptcy, typically to retain collateral such as a car or home.

A legally binding agreement in which a debtor voluntarily agrees to repay a debt that would otherwise be discharged, often to retain collateral.

A taxpayer who satisfies hours-of-service tests in real property trades or businesses, enabling rental real estate losses to be treated as non-passive and fully deductible.

The traditional rule that every parcel of land is unique, making specific performance the standard remedy for breach of a land sale contract.

Land and anything permanently attached to it, including buildings, trees, and fixtures. Distinguished from personal property.

A modification or adjustment to a job, work environment, or employment process that enables a qualified individual with a disability to perform essential job functions.

The standard of proof in criminal cases; the level of certainty a juror must have to find a defendant guilty. Not merely possible doubt but doubt based on reason.

A lower standard than probable cause requiring specific, articulable facts suggesting criminal activity, sufficient to justify a brief investigatory stop.

A presumption that the opposing party may overcome by producing sufficient contrary evidence, the most common form of presumption.

The requirement to treat previously deducted depreciation, amortization, or other deductions as ordinary income (or gain) upon disposition of the related property.

The tendency of a convicted criminal to reoffend after serving their sentence.

The tendency of a convicted offender to reoffend, often a factor in sentencing enhancements and parole decisions.

A person who repeatedly commits crimes and returns to criminal behavior after being punished.

A bond or obligation recorded before a court whereby a person promises to appear in court or meet a specified condition.

A hearsay exception under FRE 803(5) allowing reading of a record of a matter the witness once knew but now cannot recall sufficiently to testify.

The act of filing a deed, mortgage, or other document affecting title to real property with the county recorder's office to provide public notice of the interest.

A defendant's right to reduce the plaintiff's claim by the amount the plaintiff owes the defendant arising from the same transaction.

The act of a judge withdrawing from hearing a case due to a potential conflict of interest or appearance of bias.

The process of editing or obscuring portions of a document to remove sensitive, privileged, or classified information.

A contractual right of preferred stockholders to require the company to repurchase their shares at a specified price after a stated period, often used as a fallback exit mechanism.

A USPTO proceeding to reconsider the validity of issued patent claims based on newly cited prior art.

An equitable remedy correcting a written instrument (such as a contract or deed) to reflect the parties' true intentions.

An equitable remedy that rewrites a written contract to reflect the parties' actual agreement when the writing fails to do so due to mutual mistake or fraud.

A person located outside the United States who is unable or unwilling to return to their country of origin due to persecution or a well-founded fear of persecution on a protected ground.

The protection granted to a person determined to be a refugee, allowing admission to the United States and providing a path to lawful permanent residence after one year.

A tax credit that may produce a refund payable to the taxpayer even if it exceeds the tax otherwise due, including the EITC and the refundable portion of the child tax credit.

A USCIS-designated entity that pools EB-5 investor funds for investment in defined geographic areas, allowing investors to count indirect and induced jobs toward the job-creation requirement.

An individual or entity designated to receive service of process and official correspondence on behalf of a corporation or LLC at a physical address in the state. Every formed or qualified entity must maintain one.

The rule under 17 U.S.C. Section 411 that copyright registration must be effected before filing a U.S. infringement suit, and timely registration is required to recover statutory damages and attorney's fees.

A document filed with the SEC that includes a prospectus and other information about the issuer and the securities being offered for public sale.

A rule or order issued by a government agency that has the force of law, created through the administrative rulemaking process.

An SEC regulation providing an exemption from registration for small securities offerings, allowing companies to raise up to $75 million in a 12-month period.

An SEC rule requiring broker-dealers to act in the best interest of retail customers when making investment recommendations, exceeding the prior suitability standard.

A set of SEC rules providing exemptions from registration requirements, allowing companies to raise capital through private placements without a full public offering.

An SEC rule requiring that when an issuer discloses material nonpublic information to certain individuals, it must make public disclosure of that information simultaneously.

An SEC safe harbor provision defining when securities offerings are deemed to occur outside the United States and thus not subject to SEC registration.

An SEC regulation governing short sale practices, including requirements for locating and delivering borrowed shares.

Time-limited support designed to enable the recipient to obtain education or training necessary to become self-supporting.

The debtor's decision in bankruptcy to terminate an executory contract or unexpired lease, treating the breach as a prepetition claim.

The fundamental evidentiary requirement that evidence have any tendency to make a fact of consequence more or less probable, codified in FRE 401.

Dependence on another party's representations or promises, which may give rise to legal rights under estoppel or contract law.

Damages compensating the non-breaching party for expenses incurred in reliance on the contract, used when expectation damages are too speculative.

The remedial process under Rule 60 for correcting clerical errors or obtaining relief from a final judgment for substantive reasons.

A motion filed by a creditor asking the bankruptcy court to lift the automatic stay so the creditor may pursue its claim or foreclose on collateral.

A future interest in real property that takes effect after the termination of a prior estate, such as a life estate.

The person who holds the future interest in real property that becomes possessory when a preceding life estate ends.

When an appellate court sends a case back to a lower court for further proceedings consistent with the appellate court's decision.

The process of cleaning up contaminated soil, groundwater, or other environmental media to protect human health and the environment.

The means by which a court enforces a right or prevents or compensates for a wrong. Includes damages, injunctions, and specific performance.

A court order reducing a jury's damage award when the judge finds it excessive.

The transfer of a case from state court to federal court by the defendant when federal jurisdiction exists. In immigration law, the deportation of a foreign national.

The power of a defendant to remove a state-court action to federal court under 28 USC 1441 when the case could have been filed originally in federal court.

The legal process before an immigration judge to determine whether a foreign national should be removed from the United States.

Administrative proceedings before an immigration judge to determine whether a noncitizen should be ordered removed from the United States and whether any relief from removal is available.

The process under Chapter 11 or Chapter 13 by which a debtor restructures its debts and business operations according to a court-approved plan.

A legal action to recover personal property that has been wrongfully taken or detained.

The act of a creditor taking back property (usually personal property like a vehicle) from a debtor who has defaulted on payments.

Written requests under Rule 36 asking a party to admit the truth of specified facts or the genuineness of documents, narrowing issues for trial.

Written requests under Rule 34 seeking documents, electronically stored information, or tangible things in the responding party's possession, custody, or control.

Latin for 'a matter judged.' The principle that a final judgment on the merits bars the same parties from relitigating the same claim.

The doctrine that a final judgment on the merits between the same parties precludes relitigation of the same claim, also called claim preclusion.

The cancellation of a contract, restoring the parties to their positions before the contract was formed.

The equitable remedy of unwinding a contract and restoring the parties to their pre-contract position, available for misrepresentation, mistake, duress, and other grounds.

Venue based on the residence of the defendants under 28 USC 1391(b)(1), available when all defendants reside in the same state.

The arrangement designating where the child primarily lives, sometimes called physical custody, with the residential parent providing the primary home and day-to-day care.

A catchall hearsay exception under FRE 807 admitting trustworthy statements not covered by other exceptions when more probative than other reasonably available evidence.

The provision in a will that disposes of all property not otherwise specifically devised or bequeathed, capturing assets that would otherwise pass by intestacy.

Latin for 'let the master answer.' The legal doctrine holding employers vicariously liable for the negligent acts of employees performed within the scope of employment.

A legal doctrine holding an employer liable for the wrongful acts of an employee committed within the scope of employment.

The restoration of property or money to its rightful owner. In criminal law, a court-ordered payment by a convicted person to compensate the victim.

A court-ordered payment from a defendant to compensate victims for losses caused by the offense, often a mandatory component of sentencing.

Damages restoring to the non-breaching party any benefit conferred on the breaching party, measured by the value of that benefit.

The process of treatment, often involuntary medication, aimed at returning an incompetent defendant to a state capable of standing trial.

A court order prohibiting a person from engaging in certain conduct, such as contacting or approaching another person. Can be temporary or permanent.

A contractual restriction on competition that may be unenforceable under common law and antitrust principles unless reasonable in scope, duration, and geography.

Securities acquired through unregistered private sales from the issuer or an affiliate that cannot be freely traded without compliance with SEC regulations.

Stock that is subject to vesting conditions and transfer restrictions, often issued to founders and employees, with unvested shares subject to repurchase if employment ends.

A fee paid to an attorney in advance to secure their services. Also, the agreement establishing the attorney-client relationship.

An adverse employment action taken against an employee for engaging in a protected activity, such as filing a discrimination complaint, reporting safety violations, or participating in an investigation.

A repudiating party's withdrawal of repudiation before the other party has materially changed position or treated the repudiation as final, restoring obligations under UCC 2-611.

The sworn document filed by the process server attesting to the time, place, and manner of service, creating a presumption of proper service.

An appellate court's decision to overturn or set aside a lower court's judgment.

A triangular merger in which the acquirer's subsidiary merges into the target, with the target surviving as a wholly-owned subsidiary of the acquirer, often used to preserve target contracts.

Under Delaware law, the enhanced duty of directors to obtain the highest reasonably available price for shareholders once the sale of the company has become inevitable.

The act by which a testator cancels a will, accomplished by physical destruction, execution of a later inconsistent will, or operation of law such as divorce.

The Racketeer Influenced and Corrupt Organizations Act, a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal enterprise.

A feature of joint tenancy where, upon the death of one owner, the deceased's share automatically passes to the surviving owner(s) rather than through the estate.

The legal right to pass through property owned by another. Also, the right of a vehicle or pedestrian to proceed first in a traffic situation.

A HIPAA right allowing individuals to inspect and obtain a copy of their protected health information maintained in a designated record set.

A HIPAA right allowing individuals to request that a covered entity amend their protected health information if they believe it is inaccurate or incomplete.

The Sixth Amendment guarantee of assistance of counsel in criminal prosecutions, extended to indigent defendants in Gideon v. Wainwright.

A state law prohibiting union security agreements that require employees to join or pay dues to a union as a condition of employment.

A 2014 Supreme Court decision holding that police generally must obtain a warrant before searching the digital contents of a cell phone seized incident to arrest.

The rights of landowners whose property borders a natural watercourse to make reasonable use of the water.

A required element of the HIPAA Security Rule in which a covered entity identifies and evaluates potential risks and vulnerabilities to the confidentiality of electronic protected health information.

The HIPAA Security Rule requirement to implement security measures sufficient to reduce identified risks and vulnerabilities to a reasonable and appropriate level.

The crime of taking property from a person by force, threat, or intimidation. Distinguished from larceny by the use or threat of force.

A contractual right requiring a seller to offer property to the holder first on specified terms before marketing it to third parties, but without matching third-party offers.

A contractual right allowing the holder to purchase shares (or other property) on the same terms offered by a bona fide third-party buyer before the seller may transfer.

The rule that federal district courts lack jurisdiction to review state-court judgments, leaving such review exclusively to the U.S. Supreme Court.

A payment made to a patent, copyright, or trademark owner in exchange for the right to use the intellectual property.

A contractual right to receive shares (or cash equivalent) upon vesting, with no actual stock issued until vesting and settlement, commonly used by public and late-stage private companies.

A motion to dismiss for lack of subject matter jurisdiction, which may be raised at any time and even by the court sua sponte.

A motion to dismiss for lack of personal jurisdiction, which is waived if not raised in the first responsive pleading or motion.

A motion to dismiss for improper venue, which must be raised in the first Rule 12 motion or it is waived.

A motion to dismiss for insufficient process, challenging the form of the summons rather than the manner of service.

A motion to dismiss for insufficient service of process, challenging how or to whom the summons and complaint were delivered.

A motion to dismiss for failure to state a claim upon which relief can be granted, testing the legal sufficiency of the complaint's allegations.

A motion to dismiss for failure to join a party required under Rule 19, often raised when an absent party's interests cannot be adequately protected.

The federal rule allowing any party to move for judgment on the pleadings after the pleadings are closed, but early enough not to delay trial.

An SEC rule providing a safe harbor for the resale of restricted and control securities if certain conditions are met, including holding period and volume limitations.

The four prerequisites for class certification: numerosity, commonality, typicality, and adequacy, plus satisfaction of one of the categories in Rule 23(b).

A motion under Federal Rule of Criminal Procedure 29 for judgment of acquittal, asserting that no rational juror could find guilt beyond a reasonable doubt.

A federal rule permitting sentence reduction after sentencing based on the defendant's post-sentencing substantial assistance to the government.

The federal sanctions regime for discovery abuse, including the 2015 Rule 37(e) provisions addressing failure to preserve ESI.

The Federal Rule of Civil Procedure governing the form, content, and methods of service of the summons and complaint, with strict 90-day time limits.

The federal rule permitting a party to move for judgment as a matter of law any time before submission of the case to the jury, after the opponent has been fully heard.

The federal rule for renewed motion for judgment as a matter of law (formerly JNOV), filed within 28 days after entry of judgment.

The federal rule governing summary judgment, allowing partial or full disposition when the movant shows entitlement based on undisputed material facts.

The federal rule governing motions for new trial and motions to alter or amend judgments, which must be filed within 28 days of entry of judgment.

The federal rule authorizing relief from final judgments for reasons including mistake, newly discovered evidence, fraud, voidness, or any other reason justifying relief.

The process by which administrative agencies create regulations that have the force of law, typically through notice-and-comment procedures under the APA.