Legal Definitions - rescript

A rescript is a formal, written instruction or reply issued by an authority, often in a legal or official context. It typically serves to provide guidance, a decision, or a directive in response to a specific inquiry or the outcome of a legal proceeding.

• Context: Judicial Instruction to Clerk

  After a jury in a civil trial finds a defendant responsible for damages, the judge needs to formalize the judgment. The judge might issue a rescript to the court clerk, which is a written order detailing the exact amount of monetary compensation to be awarded, along with any specific instructions for entering the final judgment into the court records and closing the case.

  This example illustrates a judge's written directive to court staff, explaining precisely how to process and conclude a case based on the court's decision.

• Context: Appellate Court Decision to Trial Court

  Imagine a situation where a business appeals a lower court's ruling that found them in breach of contract. After reviewing the arguments and evidence, the appellate court decides to reverse the original decision. The appellate court then sends a rescript to the trial court, which is a formal, written communication informing the trial court of the appellate court's decision to overturn the previous judgment and often includes instructions for further proceedings, such as a new trial or dismissal of the case.

  Here, the rescript acts as the official notification from a higher court to a lower court, conveying the outcome of an appeal and directing the lower court on how to proceed.

• Context: Historical Official Reply

  In ancient Rome, if a provincial governor encountered a complex legal question regarding the application of imperial law to a specific local dispute, they might send a petition to the emperor. The emperor, often through his legal advisors, would then issue a rescript – a written answer or interpretation of the law that would guide the governor's decision in that particular case and potentially set a precedent for similar situations.

  This example demonstrates the historical use of a rescript as a formal, authoritative written response from a sovereign or high official to a legal inquiry, providing definitive guidance.