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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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REFECTION
In the civil law. Reparation ; re-establishment of a building. Dig. 19, 1, 6M.

In the civil law. Reparation ; re-establishment of a building. Dig. 19, 1, 6M. Less...
REFER
1. When a case or action involves matters of account or other Intricate details which require minute examination, and for that reason are not fit to be brought before a Jury, it ia usual to refer the whole case, or some part of it, to the decision of an auditor More...

1. When a case or action involves matters of account or other Intricate details which require minute examination, and for that reason are not fit to be brought before a Jury, it ia usual to refer the whole case, or some part of it, to the decision of an auditor or referee, and the case is then said to be referred. Taking this word in its strict technical use. It relates to a mode of determining questions which is distinguished from "arbitration," in that the latter word imports submission of a controversy without any lawsuit having been brought, while, "reference" imports a lawsuit pending, and an issue framed or question raised which (and not the controversy itself) is sent out Thus, arbitration is resorted to instead of any judicial proceeding; while reference is one mode of decision employed in the course of a judicial proceeding. And "reference" is distinguished from "hearing or trial." in that these are the ordinary modes of deciding issues and questions in and by the courts with aid of juries when proper; while reference is an employment of non-judicial persons-individuals not integral parts of the court-for the decision of particular matters inconvenient to be heard in actual court Abbott. 2. To point, allude, direct, or make reference to. This is the use of the word in conveyancing and in literature, where a word or sign Introduced for the purpose of directing the reader's attention to another place in the deed, book, document, etc, Is said to "refer" him to such other connection. Less...
REFEREE
In practice. A person to whom a cause pending in a court is referred by the court, to take testimony, hear the parties, and report thereon to the court See REFER. And see In re Hathaway, 71 N. Y. 243; Betts v. Letcher, 1 S. D. 182, 46 N. W. More...

In practice. A person to whom a cause pending in a court is referred by the court, to take testimony, hear the parties, and report thereon to the court See REFER. And see In re Hathaway, 71 N. Y. 243; Betts v. Letcher, 1 S. D. 182, 46 N. W. 193; Central Trust Co. v. Wabash, etc., B. Co. (C. C.) 82 Fed. 686. -Referee in bankrnptey. An officer appointed by the courts of bankruptcy under the act of 1898 (U. S. Comp. St. 1901, p. 3418) corresponding to the "registers in bankruptcy' un-' der earlier statutes having administrative and quasi-judicial functions under the bankruptcy law, and who assists the court In such cases and relieves the judge of attention to matters of detail or routine, by taking charge of all administrative matters and the preparation or preliminary consideration of questions requiring judicial decision, subject at all times to the supervision and review of the court Less...
REFERENCE
In contraots. An agreement to submit to arbitration; tbe act of parties In submitting their controversy to chosen referees or arbitrators. In practice. The act of sending a cause pending in court to a referee for his examination and decision. See REFER. In commercial law. The act of sending or More...

In contraots. An agreement to submit to arbitration; tbe act of parties In submitting their controversy to chosen referees or arbitrators. In practice. The act of sending a cause pending in court to a referee for his examination and decision. See REFER. In commercial law. The act of sending or directing one person to another, for information or advice aa to the character, solvency, standing, etc, of a third person, who desires to open business relations with the first, or to obtain credit with him. -Ref erenee in ease of need. When a person draws or indorses a bill of exchange, he sometimes adds the name of a person to whom it may be presented "in case of need;" i. in case it is dishonored by the original drawee or acceptor. Byles, Bills. 261.-Reference to reoord. Under the English practice, when an action is commenced, an entry of it is made In the cause-book according to the year, the initial letter of the surname of the first plaintiff, and the place of the action, in numerical order among those commenced in the same year, e. p., T'1876, A. 26;" and all subsequent documents in the action (such as pleadings and affidavits) bear this mark, which is called the "reference to the record." Sweet Less...
REFERENDARIUS
An offcer by whom the order of causes was laid before the Roman emperor, the desires of petitioners made known, and answers returned to them. Vicat, Voc Jur.; Calvin.

An offcer by whom the order of causes was laid before the Roman emperor, the desires of petitioners made known, and answers returned to them. Vicat, Voc Jur.; Calvin. Less...
REFERENDARY
In Saxon law. A master of requests; an officer to whom petitions to the king were referred. Spelman.

In Saxon law. A master of requests; an officer to whom petitions to the king were referred. Spelman. Less...
REFERENDO SINGULA SINGULIS
Lat Referring individual or separate words to separate subjects; making a distributive reference of words in an instrument; a rule of construction.

Lat Referring individual or separate words to separate subjects; making a distributive reference of words in an instrument; a rule of construction. Less...
REFERENDUM
In international law. A communication sent by a diplomatic representative to his home government in regard to matters presented to him which he is unable or unwilling to decide without further instructions. In the modern constitutional law of Switzerland, the referendum is a method of submitting an important legislative measure More...

In international law. A communication sent by a diplomatic representative to his home government in regard to matters presented to him which he is unable or unwilling to decide without further instructions. In the modern constitutional law of Switzerland, the referendum is a method of submitting an important legislative measure to a direct vote of the whole people. See PLEBISCITE. Less...
REFINEMENT
A term sometimes employed to describe verbiage inserted in a pleading or indictment, over and above what is necessary to be set forth; or an objection to a plea or indictment on the ground of its falling to include such superfluous matter. See State v. Gallimon, 24 N. C. 377; More...

A term sometimes employed to describe verbiage inserted in a pleading or indictment, over and above what is necessary to be set forth; or an objection to a plea or indictment on the ground of its falling to include such superfluous matter. See State v. Gallimon, 24 N. C. 377; State v. Peak, 130 N. C. 711, 41 S. R 887. Less...
REFORM
To correct, rectify, amend, remodel. Instruments inter partes may be reformed, when defective, by a court of equity. By this is meant that the court, after ascertaining the real and original Intention of the parties to a deed or other Instrument, (which intention they failed to sufficiently express, through some More...

To correct, rectify, amend, remodel. Instruments inter partes may be reformed, when defective, by a court of equity. By this is meant that the court, after ascertaining the real and original Intention of the parties to a deed or other Instrument, (which intention they failed to sufficiently express, through some error, mistake of fact, or inadvertence,) will decree that the in strument be held and construed as if it fully and technically expressed that intention See Sullivan v. Haskin, 70 Vt 487, 41 Atl 437; Be Voln v. De Vote, 76 Win 66, 44 N. W. 839. It is to be observed that "reform" is seldom, if ever; used of the correction of defective pleadings, judgments, decrees or other judicial proceedings; "amend" being the proper term for that use. Again, "amend" seems to connote the idea of improving that which may have been swell enough before, while "reform" might be considered as properly applicable only to something which before was quite worthless. Less...

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