Legal Term Dictionary

Lat In the civil law. A thing; an object As a term of the law, this word has a very wide and extensive signification, Including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in More...

Lat In the civil law. A thing; an object As a term of the law, this word has a very wide and extensive signification, Including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in old English law it is said to have a general import, comprehending both corpo¬real and incorporeal things of whatever kind, nature, or species. 3 Inst. 182. See Bract, fol. 7b. By "res" according to the modern civil¬ians, is meant everything that may form an object of rights, in opposition to "per¬sona," which is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises actions of all kinds; while in its restricted sense it comprehends every object of right, except actions. Mack¬eld. Rom. Law, § 146. This has reference to the fundamental division of the Institutes, that all law relates either to persons, to things, or to actions. Inst 1, 2, 12. In modern usage, the term is particularly applied to an object, subject-matter, or status, considered as the defendant in an action, or as the object against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is "the res." And proceedings of this character are said to be in rem. (See IN PERSONAM; IN REM.) "Res" may also denote the action or proceeding, as when a cause, which is not between adversary parties, is entitled "In re Classification. Things (res) have been va-riously divided and classified in law, e. g., in the following ways: (1) Corporeal and incorporeal things; (2) movables and immovables; (3) res mancipi and res neo mancipi; (4) things real and things personal: (5) things in possession and choses (i. e., things) in action; (6) fungible things and things not fungible, (fungibiles vel non fungibiles;) and (7) res singula (i. e.. in-dividual objects) and dmversitates rerum, (i. e., aggregates of things.) Also persons are for some purposes and in certain respects regarded as things. Brown. —Res aeoossoria. In the civil law. An ac-cessory thing; that which belongs to a princi-pal thing, or is in connection with it.—Res ad-judicata. A common but indefensible misspell¬ing of res judicata. The latter term designates a point or question or subject-matter which was in controversy or dispute and has been authori¬tatively and finally settled by the decision of a court Res adjud%cata (if there be such a term) could only mean an article or subject of prop¬erty "awarded to" a piven person by the judg¬ment of a court, which might perhaps be the case in replevin and similar actions.—Ros ea-dnoa. In the dvil law. A fallen or escheated thing; an escheat. Hallifax, Civil Law, b. 2L c. 9, no. 60.—Ros eommnnos. In the civil law. Things common to all; that is, those things which are used and enjoyed by every one, even in single parts, but can never be exclusive¬ly acquired as a whole, e. g., light and air. Inst 2, 1, 1; Mackeld. Rom. LAW, § 169.—Res controversy. In the civil law. A matter con¬troverted; a matter in controversy; a point in question ; a question for determination. Calvin. —Res coronas. In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fleta, lib. 3, c. 6, § 3. —Res eorporales. In the civil law. Corpo¬real things; things which can be touched, or are perceptible to the senses. Dig. 1, 8, 1, 1; Inst. 2, 2; Bract fols. 7b, 105, 136.—Res dereliota. Abandoned property; property thrown away or forsaken by the owner, so as to become open to the acquisition of the first taker or occupant See Rhodes v. Whitehead, 27 Tex. 313, 84 Am. Dec. 631.—Res fnnaibiles. In the civil law. Fungible things; things of such a nature that they can be replaced by equal quantities and qualities when returning a loan or delivering goods purchased, for example, so many bushels of wheat or so many dollars; but a particular horse or a particular jewel would not be of Ibis character.—Res furtivse. In Scotch law. Goods which have been stolen. Bell.—Res ges¬tae. Things done; transactions; essential cir¬cumstances surrounding the subject The cir¬cumstances, facts, and declarations which grow out of the main fact, are contemporaneous with it, and serve to illustrate its character. See Stirling v. Buckingham, 46 Conn. 464; Ft Smith Oil Co. v. Slover, 58 Ark. 168. 24 S. W, 100; State v. Prater, 52 W. Va. 132, 43 S. Ew 230; Davids v. People, 192 111. 176, 61 N. E. 537 ; Hall v. State. 48 Ga. 607; Railway Co. v. Moore, 24 Tex. Civ. App. 489, 59 S. W. 282. —Res habiles. In the civil law. things which are prescriptible; things to which a lawful ti¬tle may be acquired by ordinary prescription.— Res immobiles. In the civil law. Immova¬ble things; including land and that which is connected therewith, either by nature or art such as trees and buildings. Mackeld. Rom. Law, f 160.—Res inoorporales. In the civil law. Incorporeal things; things which cannot be touched; such as those things which consist in right. Inst. 2, 2; Bract, fols. 7ft, 10ft. Such things as the mind alone can perceive.—Res In¬tegra. A whole thing: a new or unopened thing. The term is applied to those points of law which have not been decided, which are un* touched by dictum or decision. 3 Mer. 269.— Res inter alios acta. A thing done between others, or between third parties or strangers. See Chicago, etc.. R. Co. v. Schmitz, 211 111* 446, 71 N. E. 1050.—Res ipsa loquitur. The thing speaks for itself. A phrase used in ac¬tions for injury by negligence where no proof of negligence is required beyond the accident it¬self, which is such as necessarily to involve neg¬ligence: e. g., a collision between two trains up¬on a railway. Wharton. See Benedick v. Potts, 88 Md. 52, 40 Atl. 1067, 41 L. R. A. 478: Grif* fen v. Manice, 166 N. Y. 188, 59 N. E 925. 52 L. R. A. 922, 82 Am. St. Rep. 630; Excelsior Electric Co. v. Sweet, 57 N. J. Lew, 224, 30 Atl. 553; Houston v. Brush, 66 Vt 331, 29 Atl. 380: Scott v. London, etc., Docks Co., 3 Hurl. & C. 596.—Res judicata. A matter ad¬judged; a thing judicially acted upon or de¬cided; a thing or matter settled by judgment. A phrase of the civil law, constantly quoted in the books. 2 Kent. Comm. 120.—Res litigi¬ous. In Roman law, things which are in liti¬gation ; property or rights which constitute the subject-matter of a pending action.—Res man¬cipi. In Roman law. Certain classes of things which could not be aliened or transferred ex¬cept by means of a certain formal ceremony of conveyance called "mandpatio," (q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nec mancipi." The distinction was abolished by Justinian;— Res monies. In the civil law. Movable things; things which may be transported from one place to another, without injury to their substance and form. Things corresponding with the chattels personal of the common law. 2 Kent, Comm. 347.—Res nova. A new matter; a new case; a question not before decided.— Res nullius. The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it, or be¬cause it has never been appropriated by any person, or because (in the Roman law) it is not susceptible of private ownership.—Res periit domino. A phrase used to express that, when a thing is lost or destroyed, it is lost to the per¬son who was the owner of it at the time. Broom, Max. 238.—Res privates. In the civil law. Things the property of one or more in¬dividuals. Mackeld. Rom. Law, § 157.—Ros publics. Things belonging to the public; pub¬lic property; such as the sea, navigable rivers, highways, etc.—Ros quotidianss. Every-day matters; familiar points or questions.—Res religiose). Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred, and could not be the sub¬jects of commerce.—Res sacrss. In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2, 1, 8. Chalices, crosses, censers. Bract, fol. 8.—Res sanetsB. In the civil law. Holy things; such as the walls and gates of a city. Inst. 2, 1, 10. Walls were said to be holy, because any offense against them was punished capitally. Bract, fol. 8.—Res universitatis. In the civil law. Things belonging to a community, (as, to a mu¬nicipality,) the use and enjoyment of which, ac¬cording to their proper purpose, is free to every member of the community, but which cannot be appropriated to the exclusive use of any individ¬ual; such as the public buildings, streets, etc. Inst. 2, 1, 6; Mackeld. Rom. Law, § 170. Less...

Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. iron a sale of perishable articles) More...

Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. iron a sale of perishable articles) the vendor may do so without having reserved the right Sweet Less...

In old English practice. All admission or receiving a third person te plead his right in a cause formerly com menced between two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, More...

In old English practice. All admission or receiving a third person te plead his right in a cause formerly com menced between two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, and to plead with the demandant Cowell. -Reseit of homage. The lord's receiving homage of his tenant at his admission to the land. Kitch. 148. Less...

To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. '419, 60 N. Y. Supp. 1044; Hurst v. Trow Printing Co., 2 Misc. Rep. 861, 22 N. Y. Supp. 871.

To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. '419, 60 N. Y. Supp. 1044; Hurst v. Trow Printing Co., 2 Misc. Rep. 861, 22 N. Y. Supp. 871. Less...

Lat In the civil law. An annuling; avoiding, or making void; abrogation; rescission. Cod. 4, 44

Lat In the civil law. An annuling; avoiding, or making void; abrogation; rescission. Cod. 4, 44 Less...

Rescission, or the act of rescinding, Is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the principal motive for which More...

Rescission, or the act of rescinding, Is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the principal motive for which is the public interest; and the latter is that which affects only certain individuals. "Nullity" is not to be confounded with "rescission." Nullity takes place when the act is affected by a radical vice, which prevents it from producing any effect; as where an act is in contravention of the laws or of good morals, or where it has been executed by a person who cannot be supposed to have any will, as a child under the age of seven years, or a madman, (un nino o demente.) Rescission Is where an act valid in appearance, nevertheless conceals a defect which may make it null, if demanded by any of the parties; as, for exam-trie, mistake, force, fraud, deceit, want of sufficient age, etc Nullity relates generally to public order, and cannot therefore be made good either by ratification or prescription; so that the tribunals ought for this reason alone, to decide that the null act can have no effect, without stopping to inquire whether the parties to It have or nave not received any injury. Rescission, on the contrary, may be made good by ratification or by the silence of the parties; and neither of the parties can demand it unless he can prove that he has received some prejudice or sustained some damage by the act Sunol v. Hepburn, 1 Cal. 281, citing Escriche. Less...

In Scotch law. One to rescind or annul a deed or contract.

In Scotch law. One to rescind or annul a deed or contract. Less...

Rescue. The taking back by force goods which had been taken under a distress, or the violently taking away a man who la under arrest, and setting him at liberty, or otherwise procuring his escape, are both so denominated. This was also the name of a writ which lay in More...

Rescue. The taking back by force goods which had been taken under a distress, or the violently taking away a man who la under arrest, and setting him at liberty, or otherwise procuring his escape, are both so denominated. This was also the name of a writ which lay in cases of rescue. Co. Litt 160; 3 BL Comm. 146; Fitzh. Nat Brev. 100; 6 Mees. & W. 564. Less...

In canon law. 'A term including any form of apostolical letter emanating from the pope. The answer of the pope in writing. Diet. Droit Can. In the civil law. A species of imperial constitutions, being the answers of the prince in individual cases, chiefly given in response to inquiries by More...

In canon law. 'A term including any form of apostolical letter emanating from the pope. The answer of the pope in writing. Diet. Droit Can. In the civil law. A species of imperial constitutions, being the answers of the prince in individual cases, chiefly given in response to inquiries by parties in relation to litigated suits, or to inquiries by the judges, and which became rules for future litigated or doubtful legal questions. Mackeld. Rom. Law. At common law. A counterpart, duplicate, or copy. In American law. A written order from the court to the clerk, giving directions concerning the further disposition of a case. Pub. St Mass. p. 1295. The written statement by an appellate court of its decision in a case, with the reasons therefor, sent down to the trial court Less...

In French law. A rescription is a letter by which one requests some one to pay a certain sum of money, or to account for him to a third person for it. Poth. Cont de Change, no. 225.

In French law. A rescription is a letter by which one requests some one to pay a certain sum of money, or to account for him to a third person for it. Poth. Cont de Change, no. 225. Less...