Glossary

To set right; to remedy; to compensate; to remove the causes of a grievance.

Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.

Release of a prisoner by a judge with no bond requirement.

To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.

Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Release from a debt, penalty, or obligation.

The reduction by a judge of the damages awarded by a jury.

The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

Transfer of a fugitive from the asylum state to the demanding state.

An action for the recovery of a possession that has been wrongfully taken.

In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the plaintiff at the outset of the action (i.e. before judgment). In other situations, a party seeking relief may elect to adjudicate the right to possession prior to obtaining immediate relief to obtain the property in question. In such cases, replevin actions are still designed to afford the petitioning party a relatively speedy process for obtaining judgment, as compared to typical lawsuits. The summary remedy afforded by replevin statutes can be thwarted by defendants who contest the claimant's right to possession, by contesting the plaintiff's complaint, and insisting on traditional litigation involving discovery, and in some cases, trial by jury. Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans or other debt instruments, such as retail installment contracts. A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another.

The response by a party to charges raised in a pleading by the other party.

The person against whom an appeal is taken. See petitioner.

A party is said to rest or rest its case when it has presented all the evidence it intends to offer.

Act giving the equivalent for any loss, damage or injury.

Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he/she retains the attorney to act for him/her.

A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

An action of a higher court in setting aside or revoking a lower court decision.

A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.