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rigid constitution See CONSTITUTION.

rigid constitution A constitution whose terms cannot be altered by ordinary forms of legislation, only by special amending procedures. The U.S. Constitution is an example. It cannot be changed without the consent of three-fourths of the state legislatures or through a constitutional convention. U.S. Const. art. V.

rigor juris (rig-ar joor-is). [Latin] Strictness of law. Cf. GRATIA CURIAE.

rigor mortis (rig-ar mor-tis). The temporary stiffening of a bodys joints and muscles after death. The onset of rigor mortis can vary from 15 minutes to several hours after death, depending on the bodys condition and on atmospheric factors.

ringing out See RINGING UP.

ringing the cbanges Fraud consisting in the offenders using a large bill to pay for a small purchase, waiting for the shopkeeper to put change on the counter, and then, by a series of maneuvers involving changes of mind - such as asking for some other article of little value or for smaller change for some of the money on the counter creating a confused situation in which the offender picks up more the money than due.

ringing up A method by which commodities dealers cooperate to discharge contracts for future delivery in advance by using offsets, cancellations, and price adjustments, thus saving the cost of actual delivery and change of possession. Also termed ringing out.

riot 1. An assemblage of three or more persons in a public place taking concerted action in a turbulent and disorderly manner for a common purpose (regardless of the lawfulness of that purpose). 2. An unlawful disturbance of the peace by an assemblage of usu. three or more persons acting with a common purpose in a violent or tumultuous manner that threatens or terrorizes the public or an institution. Cf. unlawful assembly under ASSEMBLY; CIVIL COMMOTION; ROUT; AFFRAY. - riotous, adj. riot, vb. A riot is defined as an unlawful assembly (i.e. an assembly come together in pursuance of an unlawful purpose), consisting of at least three persons, which has begun to reate a breach of the peace. At Common Law it is an indictable misdemeanour, punishable by a fine and imprisonment. But the statutory form of it, introduced by the Riot Act of 1714, is better known. By that statute, passed to deal with Jacobite disturbances, it was provided that the members of a riotous assembly of twelve or more persons which does not disperse within an hour after the reading by a magistrate of the proclamation contained in the Act, become guilty of felony, which, at the time of the passing of the Act, was a capital offence, and is, even now, punishable with imprisonment for life." Edward Jenks, The Book of English Law 136 (P. B. Fairest ed., 6th ed. 1967). A riot is a tumultuous disturbance of the peace by three or more persons acting together (a) in the commission of a crime by open force, or (b) in the execution of some nterprise, lawful or unlawful, in such a violent, turbulent and unauthorized manner as to create likelihood of public terror and alarm .... When they come together for this purpose they are gUilty of unlawful assembly. When they start on their way to carry out their common design they are guilty of rout.

Riot Act A 1714 English statute that made it a capital offense for ] 2 or more rioters to remain together for an hour after a magistrate has officially proclaimed that rioters must disperse. This statute was not generally accepted in the United States and did not become a part of American common law. It did, however, become a permanent part of the English language in the slang phrase reading the riot act (meaning "to reprimand vigorously"), which originally referred to the official command for rioters to disperse.

riotous assembly See ASSEMBLY.

riotous assembly An unlawful assemblage of 12 or more persons causing a disturbance of the peace. See RIOT.

ripae muniendae causa (rl-pee myoo-nee-en-dee kaw-za). [Latin]. For the purpose of strengthening a riverbank.

riparian (ri-pair-ee-an or ri-), adj. Of, relating to, or located on the bank of a river or stream (or occasionally another body of water, such as a lake) <riparian land> <a riparian owner>. Cf. LITTORAL.

riparian land See LAND.

riparian land 1. Land that includes part of the bed of a watercourse or lake. 2. Land that borders on a public watercourse or public lake whose bed is owned by the public.

riparian proprietor A person who is in possession of riparian land or who owns an estate in it; a landowner whose property borders on a stream or river. See riparian land under LAND.

riparian right (often pl.). The right ofa landowner whose property borders on a body of water or watercourse. Such a landowner traditionally has the right to make reasonable use of the water. Also termed water right.

riparian-rights doctrine The rule that owners of land bordering on a waterway have equal rights to use the water passing through or by their property. Cf. PRIOR-APPROPRIATION DOCTRINE.

ripeness 1. The state of a dispute that has reached, but has not passed. the point when the facts have developed sufficiently to permit an intelligent and useful decision to be made. 2. The requirement that this state must exist before a court will decide a controversy. See JUSTICIABILITY. Cf. MOOTNESS DOCTRINE; PREMATURITY (1). - ripe, adj. ripen, vb.

ripper act A statute that gives a governments chief executive broad powers to appoint and remove department heads or other subordinate officials.

rise 1. (Of a court) to adjourn finally at the end of a term. 2. (Of spectators and participants in a courtroom) to stand when the judge enters or exits. 3. (Of a court) to take a recess or temporary break, as at the end ofa day. 4. Parliamentary law. (Of a special committee that has exhausted its business) to dissolve and send a report to the referring body. A committees rising is equivalent to a deliberative assemblys adjourning sine die. - Also termed rise and report. Cf. adjourn sine die under ADJOURN (2).

rising vote See VOTE (4).

rising vote of thanks See rising vote under VOTE (4).

risk 1. The uncertainty of a result, happening, or loss; the chance of injury, damage, or loss; esp., the existence and extent of the possibility of harm <many feel that skydiving is not worth the risk>. See ASSUMPTION OF THE RISK. 2. Liability for injury, damage, or loss if it occurs <the consumer-protection statute placed the risk on the manufacturer instead of the buyer>. 3. Insurance. The chance or degree of probability of loss to the subject matter of an insurance policy <the insurer undertook the risk in exchange for a premium>. Cf. PERIL. 4 . .Insurance. The amount that an insurer stands to lose <the underwriter took steps to reduce its total risk>. 5 . .Insurance. A person or thing that an insurer considers a hazard; someone or something that might be covered by an insurance policy <shes a poor risk for health insurance>. 6. Insurance. The type of loss covered by a policy; a hazard from a specified source <this homeowners policy covers fire risks and flood risks>.- risk, vb.

risk arbitrage See ARBITRAGE.

risk arbitrage Arbitrage of assets that are probably, but not necessarily, equivalent; esp., arbitrage of corporate stock in a potential merger or takeover, whereby the target company's stock is bought and the acquiring company's stock is sold simultaneously.

risk assessment A process for ascertaining the likelihood that a person, usu. a parent, will harm a child. Before a child can be removed from his or her family by a governmental entity, a risk assessment should be performed to determine the likelihood of the childs being harmed in the future.

risk capital See CAPITAL.

risk capital 1. Money or property invested in a business venture, esp. one in which the investor has no managerial control. 2. See venture capital.

risk distribution The method by which a legal system allocates the risk of harm between the person who suffers it and the loss.

risk factor In life-insurance ratemaking, the estimated cost of present and future claims, based on a mortality table. The risk factor is one element that a life insurer uses to calculate premium rates. See PREMIUM RATE. Cf. INTEREST FACTOR; MORTALITY FACTOR.

risk management The procedures or systems used to minimize accidental losses, esp. to a business.

Risk Management Agency An agency in the U.S. Department of Agriculture responsible for administering the programs of the Federal Crop Insurance Corporation and for overseeing other programs relating to the risk management of crops and commodities. Abbr. RMA.

risk of jury doubt See BURDEN OF PERSVASION.

risk of loss 1. The danger or possibility of damage to, destruction of, or misplacement of goods or other property <commercial transportation always carries some risk of loss>. 2. Responsibility for bearing the costs and expenses of such damage, destruction, or misplacement <the contract specifies who assumes the risk of loss>.

risk of nonpersuasion See BURDEN OF PERSUASION.

risk-averse adj. (Of a person) uncomfortable with volatility or ncertainty; not willing to take risks; very cautious <a risk-averse investor>.

risk-benefit test See RISK-UTILITY TEST.

risk-capital test A test of whether a transaction constitutes the sale of a security (and is thus subject to securities laws) based on whether the seller is soliciting risk capital with which to develop a business venture. Cf. CAPITAL-RISK TEST.

risk-stops-here rule See DOCTRINE OF SUPERIOR EQUITIES.

risk-utility test A method of imposing product liability on a manufacturer if the evidence shows that a reasonable person would conclude that the benefits of a product particular design versus the feasibility of an alternative safer design did not outweigh the dangers inherent in the original design. Also termed dangerutility test; risk-benefit test. Cf. CONSUMER-CONTEMPLATION TEST.

RIT abbr. Rochester Institute of Technology. See NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.

river A natural, flowing body of water that empties into another bodv of water, such as a lake, sea, or channel.

RL/C See revolving letter of credit under LETTER OF CREDIT.

RMA abbr. RISK MANAGEMENT AGENCY.

RMS abbr. REPRESSED-MEMORY SYNDROME.

roadstead Maritime law. A convenient or safe place where vessels usu. anchor.

robbery The illegal taking of property from the person of another, or in the persons presence, by violence or intimidation; aggravated larceny. Robbery is usu. a felony, but some jurisdictions classify some robberies as high misdemeanors. Also termed (in Latin) crimen roberiae. See LARCENY; THEFT. Cf. BURGLARY. - rob, vb. Robbery is larceny from the person by violence or intimidation. It is a felony both at common law and under modern statutes. Under some of the new penal codes robbery does not require an actual taking of property. If force or intimidation is used in the attempt to commit theft this is sufficient." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 343 (3d ed. 1982).

robe 1. The gown worn by a judge while presiding over court. In the U.S., judges generally wear plain black gowns. In the u.K., judicial robes vary in color and adornment, depending on the judges rank, the season, and the court, and are traditionally worn with white horsehair wigs. Also termed judicial robe. 2. (often cap.) The legal or judicial profession <eminent members of the robe>.

Roberts Rules 1. A parliamentary manual titled Roberts Rules of Order, originally written in 1875-76 by Henry M. Robert (1837-1923). The manual went through three editions under its original title and three more (beginning in 1915) under the title Roberts Rules of Order Revised. Since 1970 it has been titled Roberts Rules of Order Newly Revised. It is the best selling and most commonly adopted parliamentary manual in the United States. 2. Any parliamentary manual that includes "Roberts Rules" in its title. The copyright on the first several editions has expired, and many imitators have adapted those editions in varying degrees of faithfulness to the original. 3. (Sing.) RULE (3). See PARLIAMENTARY MANUAL.

Robinson-Patman Act A federal statute (specif., an amendment to the Clayton Act) prohibiting price discrimination that hinders competition or tends to create a monopoly. 15 USCA § 13. See ANTITRUST LAW; CLAYTON ACT.

Rochin rule The now-rejected principle that unconstitutionally obtained evidence is admissible against the accused unless the evidence was obtained in a manner that shocks the conscience (such as pumping the stomach of a suspect to obtain illegal drugs that the suspect has swallowed, as occurred in the Rochin v. California case). -The Supreme Court handed down Rochin before the Fourth Amendment exclUSionary rule applied to the states. Rochin v. California, 342 U.S. 165, 72 S.Ct. 205 (1952).

rocket docket 1. An accelerated dispute-resolution process. 2. A court or judicial district known for its speedy disposition of cases. 3. A similar administrative process, in which disputes must be decided within a specified time (such as 60 days).

ROD abbr. See RECORD OF DECISION.

rogatio testium The production of a witness who can testify to the making of a nuncupative will. The witness must confirm that the testator declared or expressed that the words spoken were a will. See nuncupative will under WILL.

rogatory letter (rog-a-tor-ee). See LETTER OF REQUEST.

rogue court See COURT.

rogue court A court that fails to apply controlling law in making its decisions.

rogue jury See JURY.

rogue jury A jury that ignores the law and evidence in reaching a capricious verdict. Rogue juries include those that base their verdicts on unrevealed, deeply held prejudices; on undue sympathy or antipathy toward a party; or on chance (as by tossing a coin). The verdicts often result in inappropriate awards, punishments, convictions, or acquittals. Unlike jury nullification, a rogue jury"s verdict is not based on a desire to achieve a just, fair, or moral outcome. Cf. JURY NULLIFICATION.

roll 1. A record of a courts or public offices proceedings. 2. An official list of the persons and property subject to taxation. Also termed (in sense 2) tax roll; tax list; assessment roll. Cf. TAXPAYERS LISTS. 3. Parliamentary law. The roster of those entitled to vote. Also termed roll of delegates; roll of members.

roll call See CALL (1).

roll call A calling of the roll to take attendance or a vote. See roll-call vote under VOTE (4). Also termed call of the roll. 2. A demand for payment of money.

roll of delegates See ROLL (3).

roll of members See ROLL (3).

roll-call vote See VOTE (4).

rolled-up plea See PLEA (3).

rolled-up plea A defendant s plea claiming that the statements complained of are factual and that, to the extent that they consist of omment, they are fair comment on a matter of public interest. See FAIR COMMENT.

rolling stock Movable property, such as locomotives and rail cars, owned by a railroad.

rollover 1. The extension or renewal of a short-term loan; the refinancing ofa maturing loan or note. 2. The transfer of funds (such as IRA funds) to a new investment of the same type, esp. so as to defer payment of taxes. - roll over, vb.

rollover mortgage See renegotiable-rate mortgage under MORTGAGE.

Roman law The legal system of the ancient Romans, forming the basis of the modern civil law; CIVIL LAW (1). The Roman law is the body of rules that governed the social relations of many peoples in Europe, Asia. and Africa for some period between the earliest prehistoric times and 1453 A.D. This date should perhaps be extended to 1900 A.D., or even to the present time. and we might include America in the territory concerned .... Yet the essential fact is that no present-day community ... consciously applies as binding upon its citizens the rules of Roman law in their unmodified form. That law is an historical fact. It would have only a tepid historical interest ... if it were not for the circumstance that. before it became a purely historical fact, it was worked into the foundation and framework of what is called the civil law ...." Max Radin, Handbook of Roman Law 1 (1927). "Roman law is not only the best-known, the most highly developed, and the most influential of all legal systems of the past; apart from English law, it is also the only one whose entire and unbroken history can be traced from early and primitive beginnings to a stage of elaborate perfection in the hands of skilled specialists." Hans julius Wolff, Roman Law: An Historical Introduction 5 (1951).

Roman-Dutch law A system of law in Holland from the mid-15th century to the early 19th century, based on a mixture of Germanic customary law and Roman law as interpreted in medieval and Renaissance lawbooks This law forms the basis of modern South African law, the law of several other countries in southern Africa, and the law of Sri Lanka. The phrase Roman....Dutch Law was invented by Simon van Leeuwen. who employed it as the sub-title of his work entitled Paratitla Juris Novissimi, published at Leyden in 1652. Subsequently his larger and better known treatise on the Roman-Dutch Law was issued under that name in the year 1664. 'The system of law thus described is that which obtained in the province of Holland from the middle of the fifteenth to the early years of the nineteenth century. Its main principles were carried by the Dutch into their settlements in the East and West Indies; and when some of these, namely. the Cape of Good Hope, Ceylon, and part of Guiana, at the end of the eighteenth and the beginning of the nineteenth century, passed under the dominion of the Crown of Great Britain, the old law was retained as the common law of the territories which now became British colonies. With the expansion of the British Empire in South Africa, the sphere of the Roman-Dutch Law has extended its boundaries, until the whole of the area comprised within the Union of South Africa ... has adopted this system as its common law. This is the more remarkable since in Holland itself and in the Dutch colonies of the present day the old law has been replaced by codes ...." RW. Lee, An Introduction to Roman-Dutch Law 2 (4th ed. 1946).

Romanesque law See CIVIL LAW (1).

Romanist One who is versed in or practices Roman law; a Roman-law specialist.

Rome Act A 1928 revision of the Berne Convention adding the moral rights of attribution and integrity to the minimum standards of protection that member nations must recognize, creating a compulsory license of recorded performances tor radio broadcasting, and specifying that the term of protection for joint works must be measured from the death of the last surviving coauthor. Also termed Rome Act of 1928; 1928 Rome Act.

Rome Convention See ROME CONVENTION ON RELATED RIGHTS.

Rome Convention on Related Rights Copyright. A 1961 treaty setting minimum standards for neighboring rights of performers, producers, and broadcasters. The United States is not a signatory. Neighboring rights were not protected under the Paris Convention or the Berne Convention. They are part of the copyright protection under the Agreement on Trade-Related Aspects ofIntellectual Property (TRIPs). Also termed Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Often shortened to Rome Convention. See NEIGHBORING RIGHT.

Rooker-Feldman doctrine The rule that a federal court cannot consider claims actually decided by a state court or claims inextricably intertwined with an earlier state-court judgment. Rooker v. Fidelity Trust Co., 263 U.S. 413,415-16,44 S.Ct. 149,150 (1923); District of Columbia Ct. ofApp. v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 1311 (1983).• This doctrine precludes "a party losing in state court ... from seeking what in substance would be appellate review of [a] state judgment in a United States district court, based on the losing partys claim that the state judgment itself violates the losers federal rights." Johnson v. De Grandy, 512 U.S. 997,1005-06,114 S.Ct. 2647, 2654 (1994).

root Civil law. A descendant.

root of title The recorded land transaction, usu. at least 40 years old, that is used to begin a title search. See CHAIN OF TITLE; TITLE SEARCH.

ROR abbr. RELEASE ON RECOGNIZANCE.

Roth IRA See INDIVIDUAL RETIREMENT ACCOUNT.

Roth IRA An IRA in which contributions are nondeductible when they are made. No further taxes are assessed on the contributions (or accrued interest) when the money is withdrawn (ifall applicable rules are followed). This term takes its name from Senator William Roth, who sponsored the legislation creating this type of IRA.

round lot See LOT (3).

round-up See dragnet arrest under ARREST.

roup Scots law. A sale by auction (usu. public).

rout (rowt), The offense that occurs when an unlawful assembly makes some move toward the accomplishment of its participants common purpose. Cf. RIOT. The word rout comes from the same source as the word route. It signifies that three or more who have gathered together in unlawful assembly are on their way. It is not necessary for guilt of this offense that the design be actually carried out, nor that the journey be made in a tumultuous manner." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 483 (3d ed. 1982).

routine-activities theory The theory that criminal acts occur when (1) a person is motivated to commit the offense, (2) a vulnerable victim is available, and (3) there is insufficient protection to prevent the crime. Cf. CONTROL THEORY; RATIONAL-CHOICE THEORY; STRAIN THEORY.

Royal Marriages Act A 1772 statute (12 Geo. 3, ch. 1) forbidding members of the royal family from marrying without the sovereigns permission, except on certain conditions. Royal Marriages Act .... An Act occasioned by George Ill s fear of the effect on the dignity and honour of the royal family of members thereof contracting unsuitable marriages, two of his brothers having done so .... It provided that marriages of descendants of George II, other than the issue of princesses who marry into foreign families, should not be valid unless they had the consent of the King in CounCil, or, if the parties were aged over 25, they had given 12 months notice to the Privy Council. unless during that time both Houses of Parliament expressly declare disapproval of the proposed marriage." David M. Walker, The Oxford Companion to Law 1091 (1980).

royalty 1. Intellectual property. A payment in addition to or in place of an up-front payment - made to an author or inventor for each copy of a work or article sold under a copyright or patent. Royalties are often paid per item made, used, or sold, or per time elapsed.

royalty interest Oil & gas. A share of production - or the value or proceeds of production, free of the costs of production - when and if there is production. A royalty interest is usu. expressed as a fraction (such as 1/6). A royalty-interest owner has no right to operate the property and therefore no right to lease the property or to share in bonuses or delay rentals. In some states a royalty owner has the right of ingress and egress to take the royalty production. Authorities are split over what costs are costs of production. Several different but related kinds of royalty interests are commonly encountered. See ROYALTY (2).

rptr abbr. REPORTER.

RRB abbr. RAILROAD RETIREMENT BOARD.

RSPA abbr. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION.

RTC abbr. RESOLUTION TRUST CORPORATION.

rubber check See bad check under CHECK.

rubber check See bad check.

rubber-stamp seal See NOTARY SEAL.

rubric (roo-brik). 1. The title of a statute or code <the rubric of the relevant statute is the Civil Rights Act of 1964>.2. A category or designation <assignment of rights falls under the rubric of contract law>. 3. An authoritative rule, esp. for conducting a public worship service <the rubric dictates whether the congregation should stand or kneel>. 4. An introductory or explanatory note; a preface <a well-known scholar wrote the rubric to the books fourth edition>. 5. An established rule, custom, or law <what is the rubric in the Northern District of Texas regarding appearance at docket call?>.