R
All land and buildings,
including estates and interests in land and buildings which are held for life,
but not for years, or some greater estate therein. (2) Real property includes
land and any interest or estate in land. Uniform Partnership Act ss 2.
An obligation, or acknowledgment
of a debt, in a court of law, with a condition that the debt shall be void on
the performance of a stipulated undertaking, e.g., to appear before the proper
court, to keep the peace, or to pay the debt, interest and costs that the
plaintiff may recover.
A written memorial of the
actions of a legislature or of a court. (2) The copy of a deed or other
instrument relating to real property, officially persevered in a public office.
The correction of a written
instrument, via a lawsuit, so as to make it express the true agreement or
intention of the parties.
To recommit a person to jail or
prison. (2) To send a lawsuit back to the same court from which it came, for
trial or other action.
The legal means to declare or
enforce a right or to redress a wrong. (2) Any remedial right, to which an
aggrieved party is entitled, with or without resort to a tribunal. U.C.C. ss 1&-201
34.
A form of lawsuit which is used
to recover possession of specific chattels. which have been unlawfully taken
from, or withheld from, the plaintiff. It may be brought by a general owner,
who has the right to immediate possession, or by someone who has a special
property in the chattel, e.g., a creditor whose claim is secured by the
chattel. Usually defined by various state statutes. Occasionally called claim
and delivery or order of delivery.
Lat., a controversy already
judicially decided. The decision is conclusive until the judgment is reversed.
In litigation, the judgment of a court of competent jurisdiction on the merits
of a case is a bar to a new lawsuit involving the same cause of action (q.v.)
between the same parties, before the same court or any other court, because it
is in the interest of the state and individuals that there should be some end
to litigation.
The cancellation of, or putting
an end to, a contract by the parties, or one of them, e.g., for any reason
mutually acceptable to the parties, or on the ground of fraud.
A party against whom a motion is
filed in the course of a lawsuit; analogous to a defendant or an appellee.
The restoring of property, or a
right, to a person who has been unjustly deprived of it. A writ of restitution
is the process by which a successful appellant may recover something of which
he has been deprived under a prior judgment.
An act to amend the Clayton
Antitrust Act, to prevent price discrimination (q.v.) and other discriminatory
practices, IS U.S.C. ssss 13 et.seq.; 49 Stat. 1526 (1936).
