Law Dictionary

(L. Lat.) In old European law. To summon to court a second time; to resummon. Spelman.

The 'remand' does not encroach upon administrative functions. It means simply that the case is returned to the administrative body in order that it may take further action in accor

Whenever any cause shall be removed from any state court into any district court of the United States, and the district court shall decide that the cause was improperly removed, an

Remainder, which see.

They remain for want of purchasers, i. e., goods offered for sale by a sheriff.

To demur.

I. I. In old English law. A remainder.

A cause ready for trial but which must await the next term of court.

I. fr. To send back; to remand.

The term “remanufactured good” means a good that is classified under chapter 84, 85, or 87, or heading 9026, 9031, or 9032, other than a good classified under heading 8418 or 8516,

The term “remanufactured product” means a rechargeable consumer product that has been altered by the replacement of parts, repackaged, or repaired after initial sale by the origina

One, whether owner or not, having sold a thing to two persons, he to whom it was sold first is the stronger in right.

That which affords a remedy; as, a remedial statute, or one which is made to supply some defects or abridge some superfluities of the common law. 1 Bla. Com. 86. The term remedial

Same as Remedial statute.

The term “remedial action” has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(

“Remedial Action Plan” means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern

Only those cases wherein the remedy is afforded summarily through certain extraordinary writs, such as prohibition, mandamus, certiorari and quo warranto. See 35 Minn. 222, 28 N. W

Such an order against an offending suitor is deemed remedial when its purpose is to indemnify the injured suitor, or coercively to secure obedience to a mandate in his behalf

The dismissal here is not regarded by us as a penalty imposed as a punishment for criminal contempt. It is an exercise of a state court's inherent power to use its processes to ind

That part of the body of the law which contains the remedies by which rights are enforced and wrongs redressed, and the rules by which the substantive law (g. V.) is applied. ing g

The remedial part of the law is so necessary a consequence of the former two, that laws must be very vague and imperfect without it. For, in vain would rights be declared, in vain

The term “remedial period” means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country.

the distinction, with respect to the effect of state legislation, has come to be clearly established between substantive and remedial rights. A state statute of a mere remedial cha

They are provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from the

The statute was remedial, in the purest sense of that term, and neither enlarged nor impaired respondent's substantive rights or obligations under the contract. It did nothing more

the remedies in the courts of the United States are to be at common law or in equity, not according to the practice of the state courts, but according to the principles of common l

a procedure that provides redress for wrong or enforcement of a right.

The remedy of him who is primarily liable against him who is secondarily liable for the same debt.

KING’S. He was at the head of the department which had charge of all revenue suits, and of matters pertaining to the office of sheriff. He attended as the officer of the king’s ben

In English law. Officers of the exchequer, whose duty it is to remind the lord treasurer and the justices of that court of such things as are to be called and attended to for the b

I. fr. Remaining; to come after; remainder. Remise. To remit or give up; a formal word in deeds of release and quitclaim. Remisi, remisisse, 1. 1 Formal words in old deeds of relea

In French law. Redemption; right of redemption. A sale d r6m6rd is a species of conditional sale with right of repurchase. An agreement by which the vendor reserves to himself the

For purposes of this title, the terms "real estate mortgage investment conduit" and "REMIC" mean any entity— (1) to which an election to be treated as a REMIC a

The term “remined area” means only that area of any coal remining operation on which coal mining was conducted before August 3, 1977.

RELEASE, AND QUITCLAIM. The ordinary effective words in a release. These words are, in this country, sufficient to pass the estate in a primary conveyance. 7 Conn. 250; 24 N. H. 46

In French law. The release of a debt

Operative words of conveyance sufficient to pass all title to the land of which the grantor had not previously divested himself. See 19 Or. 334, 24 Pac. 515.

A release; a pardon; an exoneration.

One who commands the more gently is the better obeyed.

This term imports the doing of the act in question in a tardy, negligent or careless manner; but it does not apply to the entire omission or forbearance of the act. Baldwin v. Unit

To annul a fine or forfeiture. This is generaly done by the courts where they have a discretion by law; as, for example, when a juror is fined for nonattendance in court, after bei

The act of sending back to custody; an annulment. Wharton.

In commercial law. Money sent by one merchant to another, either in specie, bill of exchange, draft, or otherwise.

the term “remittance transfer”— (A) means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006(2) )) trans

the term “remittance transfer provider” means any person or financial institution that provides remittance transfers for a consumer in the normal course of its business, whether or

A person to whom a remittance is made. Story, Bailm. § 75.

To be placed back in possession. When one having a right to lands is out of possession, and afterwards the freehold is cast upon him by some defective title, and he enters by virtu

To release; to relinquish.

He remits damages, a plaintiff’s record entry of a remission or waiver of a part of the damages awarded by the jury.

the practice of substituting a remission of the excess for a new trial is not without plausible support in the view that what remains is included in the verdict along with the unla

Same as Remittitur damnum.

A plaintiff’s formal relinquishment of record of the difference between the amount found due by the verdict and that set forth in his declaration. See 4 Conn. 109, 10 Am. Dec. 102.

After a record has been removed to the supreme court, and a judgment has been rendered, it is to be remitted or sent back to the court below, for the purpose of retrying the cause,

A person who makes a remittance to another.

The residue of the proceeds of the sale of ships after the satisfaction of claims for bottomry bonds, salvage services and supplies of materialmen. See 142 N. Y. 90, 40 Am, St. Rep

A petition to a court or deliberative or legislative body, in which those who have signed it request that something which it is in contemplation to perform shall not be done.

Expostulation; showing of reasons against something proposed; a representation made to a court or legislative body wherein cortain persons unite in urging that a contemplated measu

-end fit); Hamilton, Opinion on the Constitutionality of the Bank

See "Proximate Cause."

In this paragraph, the term “remote collection” means the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection suppor

the term “remote computing service” has the meaning given that term in section 2711 of title 18 ; / the term "remote computing service" has the meaning given that term in

The term “remote condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from th

Damage is said to be too remote to be actionable when it is not the legal and natural consequence of the act complained of.

Damages are too remote to be actionable when not the legal and natural consequence of the act complained of. Sweet. Remote damages are such as are the unusual and unexpected result

Evidence so disconnected from the fact to be proved as to be irrelevant thereto. See "Evidence."

The term “remote Indian or Native village” means an Indian or Native village that— (A) is located in a rural area; (B) has a population of less than 5,000 inhabitants; and (C) is n

It is, then, the opinion of this court that, without referring to the depositions to which exceptions have been taken, a right exists in the holder of a promissory note, at least w

Want of close connection betwcen a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Wharton.

When the fact or facts proposed to be established as a foundation from which indirect evidence may be drawn, by way of inference, have not a visible, plain, or necessary connection

The term “remote or isolated installation” means a military installation (as defined in section 2801 of this title ) that is a remote military installation, as determined by the Se

The term "remote or isolated installation contractor employee" means an individual who— (A) is an employee of a contractor; (B) as such an employee, provides goods or ser

the rule is otherwise between the remote parties to the bill, as, for example, between the payee and the acceptor, or between the indorsee and the acceptor, as two distinct conside

In the law of estates, a double possibility, or a limitation dependent on two or more facts or events both or all of which are contingent and uncertain; as, for example, the limita

The term "remote work" refers to a work flexibility arrangement under which an employee— (A) is not expected to physically report to the location from which the employee

EMERGIT ACtio. The impediment being removed, the action arises. 5 Coke, 76; Wingate, Max. 20.

The impediment being removed, the action arises.

The impediment being removed, the action rises. When a bar to an action is removed, the action rises up into its original efficacy. Shep. Touch. 150; Wing. 20.

The term “removable” means— (A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title , or (B) in the case of a

Removable power source.—The term "removable power source" means a power source that is separately installed in, and removable from, a zero-emission vehicle and may includ

A suit removable from a State court must be a suit regularly commenced by a citizen of the State in which the suit is brought, by process served upon a defendant who is a citizen o

Removal, under our peculiar system of State and National jurisdictions, is simply a mode in which the right to resort under certain circumstances to the latter rather than the form

“removal costs” means— (A) the costs of removal of oil or a hazardous substance that are incurred after it is discharged; and (B) in any case in which there is a substantial threat

the term “removal court” means the court described in section 1532 of this title;

A deprivation of office by the act of a competent officer or of the legislature. It may be express, that is, by a notification that the officer has been removed, or implied, by the

the term “removal hearing” means the hearing described in section 1534 of this title;

The policy of the successive acts of Congress regulating the jurisdiction of federal courts is one calling for the strict construction of such legislation. Due regard for the right

the United States court had a right to examine and decide for itself upon the grounds on which D'Arbel claimed to have his cause removed into the United States court. That court ha

The removal of a cause from the court in which it was commenced to another court, in which it thereafter proceeds. The term seems literally to include change of venue and removal t

The transfer of a cause from one court to another; commonly used of the transfer of the jurisdiction and cognizance of an action commenced but not finally determined, with all furt

The actual transfer of a pauper, by order of a court having jurisdiction, from a poor district in which he has no settlement, but upon which he. has become a charge, to the distric

whatever the nature of a civil suit or criminal proceeding in a state court, it cannot be removed into a Federal court unless warrant therefor be found in some act of Congress.

The burden is upon him who claims the removal plainly to set forth by petition made, signed and unequivocally verified by himself all the facts relating to the occurrence, as he cl

No question of guilt or innocence arises and no determination of fact is required but it must fairly appear from the showing made that petitioner's claim is not without foundation

the term “removal proceeding” means a proceeding under this subchapter; and

Removal proceedings are in the nature of process to bring the parties before the United States court. As in other forms of process, the litigant has the right to rely upon the stat

the term “removal request” means a request stating that an individual elects to have the name and address of such individual excluded from any list used by a promoter for mailing s

The removal is made a judicial, rather than a mere ministerial, act. ... He must look into the indictment to ascertain whether an offense against the United States is charged, find

the words in § 641—'who is denied or cannot enforce in the judicial tribunals of the state, or in the part of the state where such suit or prosecution is pending, any right secured

where the jurisdiction is founded upon any of the causes mentioned in this section, except the citizenship of the parties, it must be brought in the district of which the defendant

“Removal” or “remove” means the removal of tobacco products or cigarette papers or tubes, or any processed tobacco, from the factory or from internal revenue bond under section 570