Glossary
of legal terms - R
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R.I.C.O.
A
federal law otherwise known as the "Racketeer
Influenced Corrupt Organization"
act. It was originally intended to crack
down on criminal conspiracies and actions
which used otherwise lawful enterprises
to hide the underpinnings of criminal
activity. Over the years, the law was
expanded to use criminal conspiracies
to implicate vicariously others not directly
linked to the center of a criminal conspiracy.
race
discrimination
Race
discrimination occurs when an employer
treats an employee differently because
of the employee's race or because of a
characteristic that is related to the
employee's race.
race
harassment
Race
harassment (also known as "racial harassment")
occurs when an employer engages in behavior
of a racist nature that alters the conditions
of employment.
random
test
A
"surprise" drug or alcohol test performed
on an employee by an employer.
ransom
The
money or valuable consideration demanded
by a kidnapper for the release of the
person kidnapped.
rape
Unlawful
sexual intercourse with another without
consent. Most forms of rape are executed
with force or threat of force. Rape can
also be done through trick or deceit.
This would include drugging a person into
sexual submission. In either case, the
major element to prove is the lack of
consent. Statutory rape occurs when a
person has sexual intercourse with an
underage minor. It is irrelevant whether
or not the minor consented since it is
presumed that a minor does not possess
the mental capacity to consent.
reasonable
accommodation
A
"reasonable accommodation" is a change
or modification to a job that makes it
easier for an employee with a disability
to do the job.
reasonable
doubt
The
most crucial element to the prosecutor's
burden of proof. The prosecutor must prove
the defendant's guilt beyond a reasonable
doubt and to a moral certainty. Ultimately
the jury must be convinced of the defendant’s
guilt without material doubt. However
the doubt must be reasonable, not created
by a clever and skilled lawyer.
rebuttal
The
collection of evidence and argument offered
in response to an opposing attorney’s
evidence and argument.
reckless
That
degree of disregard towards another person’s
safety and well being so as to reach a
level of substantial certainty that harm
would result.
reckless
driving
The
dangerous and careless operation of a
motor vehicle such that it creates a substantial
certainty that harm will ensue from the
circumstances. Most common forms of such
behavior involve driving while impaired
from alcohol or drugs.
refugee
A person outside his country or place
of last residence who has established
a well founded fear of persecution on
account of political opinion, race, religion,
nationality or membership in a particular
social group. A refugee will not necessarily
be allowed to come to the U.S. unless
he fits into a designated category of
persons who should be admitted. A refugee
admitted to the U.S. may seek permanent
resident status 1 year after admission.
refugee visa
A travel document issued to a refugee
allowing him to seek admission to the
U.S.
reimbursement
The
right of a spouse who has contributed
separate property to help buy marital
property to be reimbursed the amount contributed.
relative petition
An application submitted to the INS to
establish a person's qualification as
a relative of a U.S. citizen or permanent
resident.
release
A
"release" of claims is a written document,
signed by an employee that gives up legal
claims the employee may have against the
employer. An employee might be required
to sign a release of claims in exchange
for a severance package.
relevancy
Only
relevant evidence can be admitted in a
trial. Evidence is relevant if it tends
to prove or disprove a fact in controversy
at trial.
relief
from judgment
A
court order relieving a party from the
effect of a judgment (generally for support
or property distribution) based on such
things as fraud, duress, perjury, and
the like.
religious
discrimination
Religious
discrimination occurs when an employer
treats an employee differently because
of the employee's religious beliefs. Under
certain circumstances, the employer may
be required to accommodate the employee's
beliefs - as long as that accommodation
does not cause a hardship for the employer.
remand
A
high court's review of a lower court’s
decision on a matter such that it results
in the case being sent back to the trial
court for purposes of correcting a legal
deficiency or because the high court did
not have proper jurisdiction to hear the
matter.
removal
The process or ejecting a person from
the U.S. A removal order is entered at
the conclusion of a removal hearing, where
the person has been found to be either
inadmissible or deportable.
removal
hearing
A proceeding before an immigration judge
to determine whether a person should be
ejected from the U.S.
renegotiation
A
voluntary modification of an existing
agreement - perhaps to reduce monthly
payments and to extend the repayment period,
or to pay a smaller lump sum now in settlement
of a larger sum claimed by the creditor.
rent
The
compensation paid by the tenant to the
landlord for use of the premises.
rent
control law
A
law (usually enacted by a city, but sometimes
by a county or state) that limits the
amount by which a landlord may raise rents.
repossession
A
secured creditor taking possession of
the collateral when the debtor defaults.
request
for admissions
As
part of the "discovery" process, either
party to a lawsuit may serve on the other
party written requests to admit certain
facts, in order to save time at trial.
Admissions will then be admitted into
evidence at the trial.
request
for production of documents
As
part of the "discovery" process, either
party to a lawsuit may serve on the other
party a written request for production
of specified documents, such as promissory
notes and sales contracts.
residential
lease
A
lease of property to be used as the tenant's
residence.
resident
manager
A
person hired by the landlord to manage
the property while living in one of the
building's apartments.
resisting
arrest
Once
arrested, legally or not, one must comply
with the arrest and be taken into custody.
The physical resistance to an arrest is
a crime even if the arrest was not supported
by probable cause or was the result of
mistaken identity.
respondent
The
opposing spouse named in the complaint
filed by the petitioner.
restraining
order
A
court order preventing parties from engaging
in certain conduct, such as harassing
each other or disposing of marital assets.
retail
lease
A
lease for property used for stores, outlets,
or other retail purposes.
retaliation
An
act by an employer motivated by the employer's
desire to punish the employee for the
employee's exercise of some right protected
by law.
retaliatory
eviction
An
eviction motivated by the landlord's desire
to punish the tenant for the tenant's
exercise of some right protected by law.
retaliatory
rent increase
A
rent increase motivated by the landlord's
desire to punish the tenant for the tenant's
exercise of some right protected by law.
retaliatory
termination
A
firing of an employee motivated by the
employer's desire to punish the employee
for the employee's exercise of some right
protected by law (also known as "retaliatory
discharge").
reversal
A
high court’s decision to reverse
the outcome at the trial court such that
the case must be tried over or the criminal
action dismissed. This will happen when
the reviewing court finds an error of
law or substantial prejudice in the proceedings.
right-to-sue
letter
The
letter issued by the EEOC that gives a
worker permission to file a discrimination
lawsuit against his employer in federal
court.
robbery
The
unlawful taking of property from a person
through force, threat or intimidation.
Robbery is a considered an aggravated
felony when it is accompanied with a dangerous
weapon such as a gun. Such a felony is
punishable by state or federal prison.
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