法律英语|英文法律词典 R-29

REGRESS. Returning; going back opposed to ingress.

REGULAR DEPOSIT. One where the thing deposited must be returned. It is distinguished^{1 from an irregular deposit.}

REGULAR AND IRREGULAR PROCESS. Regular process is that which has been lawfully^{2 issued by a court or magistrate3, having competent jurisdiction4. Irregular process is that which has been illegally issued.}

2. When the process is regular, and the defendant^{5 has been damnified, as in the case of a malicious6 arrest, his remedy is by an action on the case, and not trespass7: when it is irregular, the remedy is by action of trespass.}

3. If the process be wholly illegal or misapplied as to the person intended to be arrested, without regard to any question of fact, or whether innocent or guilty, or the existence of any debt, then the party imprisoned^{8 may legally resist the arrest and imprisonment9, and may escape, be rescued, or even break prison; but if the process and imprisonment were in form legal, each of these acts would be punishable, however innocent the defendant might be, for he ought to submit to legal process, and obtain his release by due course of law. 1 Chit. Pr. 637; 5 East, R. 304, 308; S. C. 1 Smitt's Rep. 555; 6 T. R. 234; Foster, C. L. 312; 2 Wils. 47; 1 East, P. C. 310 Hawk10. B. 2, c. 19, s. 1, 2.}

4. When a party has been arrested on process which has afterwards been set aside for irregularity, he may bring an action of trespass and recover damages as well against the attorney who issued it, as the party, though such process will justify^{11 the officer who executed it. 8 Adolph. Ell. 449; S. C. 35 E. C. L. R. 433; 15 East, R. 615, note c; 1 Stra. 509; 2 W. Bl. Rep., 845; 2 Conn. R. 700; 9 Conn. 141; 11 Mass. 500; 6 Greenl. 421; 3 Gill John. 377; 1 Bailey, R. 441; 2 Litt. 234; 3 S. R. 139 12 John. 257 3 Wils. 376; and vide Malicious Prosecution12.}

REHABILlTATION. The act by which a man is restored to his former ability, of which he had been deprived by a conviction, sentence or judgment^{13 of a competent tribunal.}

REHEARING. A second consideration which the court gives to a cause, on a second argument.

2. A rehearing takes place principally when the court has doubts on the subject to be decided^{14; but it cannot be granted by the supreme15 court after the cause has been remitted16 to the court below to carry into effect the decree of the supreme court. 7 Wheat. 58.}