A quasi-criminal (proceeding) refers to treating an act in a civil case as if it were occurring in a criminal proceeding. It is a civil proceeding that may result in a penalty akin to a criminal penalty. For example, a person may be held in...
criminal procedure
question of fact
A question of fact is an issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is...
question of law
A question of law is an issue that is always resolved by a judge, not a jury, including:
A question regarding the application or interpretation of a law A question regarding what the relevant law is, if there are two or more mutually...reasonable suspicion
Reasonable suspicion is a legal standard used in criminal procedure that allows law enforcement officers to assess the justification for their decision to conduct a search.
When an officer stops an individual for a search,...
rebuttable presumption
A rebuttable presumption is an inference that arises from a rule of law or as a legal conclusion that is derived from a set of proven facts. See: Schuemann v. Menard, Inc.
A rebuttable presumption is not evidence itself, but...
recidivism
Recidivism is the tendency for an offender to engage in repeated criminal behavior. This usually refers to the condition of being convicted for a crime, serving the sentence, and then committing another crime that results in a new conviction...
recidivist
A recidivist is an offender who repeatedly or habitually engages in criminal behavior. This usually refers to an individual being convicted of a crime, serving the sentence, and then committing another crime that results in a new conviction...
refresh one's recollection
See: present recollection refreshed
[Last updated in May of 2022 by the Wex Definitions Team]
release
To cease to be bound by an obligation or to concede a right. A release usually takes the form of a voluntary private contract between parties to cease the obligation or concede the right. California Civil Code § 1541 upholds...
release on one's own recognizance
A “release on one’s one recognizance” is a court's decision to allow a person charged with a crime to remain at liberty pending the trial, without having to post bail. Also sometimes referred to as “O.R.,” “R.O.R.,” or judicial public bail...