Law Dictionary Definitions

recede,vb. (Of a house in a bicameral legislature) to withdraw from an amendment in which the other house has not concurred. See CONCUR(3). “A vote to recede from amendments constitutes a final passage of the bill without the amendments from which the house has receded, since both houses have then agreed to the bill in…

recapture rule.Patents. The doctrine that a patentee cannot regain, in a reissue patent, a claim that the patentee previously abandoned in order to gain allowance of the patent application. • The rule provides a defense in an infringement action by allowing the defendant to attack the validity of a reissue patent. An attempt to recapture…

recapture clause. 1. A contract provision that limits prices or allows for the recovery of goods if market conditions greatly differ from what the contract anticipated. 2. A commercial-lease provision that grants the landlord both a percentage of the tenant’s profits above a fixed amount of rent and the right to terminate the lease —…

recapture,n.1. The act or an instance of retaking or reacquiring; recovery. 2. The lawful taking by the government of earnings or profits exceeding a specified amount; esp., the government’s recovery of a tax benefit (such as a deduction or credit) by taxing income or property that no longer qualifies for the benefit. [Cases: Internal Revenue…

recaption. 1. At common law, lawful seizure of another’s property for a second time to secure the performance of a duty; a second distress. See DISTRESS. 2. Peaceful retaking, without legal process, of one’s own property that has been wrongfully taken. [Blacks Law 8th]

  recapitalization,n. An adjustment or recasting of a corporation’s capital structure — that is, its stocks, bonds, or other securities — through amendment of the articles of incorporation or merger with a parent or subsidiary. • An example of recapitalization is the elimination of unpaid preferred dividends and the creation of a new class of…

recant (ri-kant), vb.1. To withdraw or renounce (prior statements or testimony) formally or publicly <the prosecution hoped the eyewitness wouldn’t recant her corroborating testimony on the stand>.2. To withdraw or renounce prior statements or testimony formally or publicly <under grueling cross-examination, the witness recanted>. — recantation,n. [Blacks Law 8th]

recall of mandate.The extraordinary action by an appellate court of withdrawing the order it issued to the trial court upon deciding an appeal, usu. after the deadline has passed for the losing party to seek a rehearing. • Because this action can interfere with trial-court proceedings on remand, and also because it clouds the waters…

recall letter.See LETTER OF RECALL. [Blacks Law 8th]

recall exclusion.See sistership exclusion under EXCLUSION(3). [Blacks Law 8th]