- "To send back"; For example, an
appellate court may remand a case to a lower court for retrial or for some change in disposition.
of - An order by a court
directing the transfer of a case to another court. For example, when a case is proper for jurisdiction in federal
court, the federal court may remove the case from the state court in which it was originally
statutes - State laws
requiring certain designated persons (physicians, nurses, teachers) to report to the authorities suspected cases of
child abuse and injuries.
loquitur - Literally, "a thing
that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual
showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's
injury was entirely under the control of the defendant, and the injury presumably could have been caused only by
judicata - A rule of civil law
that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be
relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny
reconsideration of a matter.
superior - Literally, "a
superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and
omissions of their employees and agents, when done within the scope of the employees' duties.
respondent - 1) the person who is the subject of a petition, 2)
the prevailing party in a court case against whom an appeal is taken.
- A party is said to "rest" or "rest his
case" when he/she has presented all the evidence he/she intends to offer.
restitution - Court-ordered payment to restore goods or money to
the victim of a crime by the offender.
order - Similar to an
injunction, commanding the party to leave the other party alone, usually in a divorce proceeding.
- The fee which the client pays when
he/she retains an attorney.
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