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A judge is a law student who marks his own examination papers.
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Legal Definitions - residual
Definition of residual
The term residual refers to something that remains or is left over after a primary part has been removed, used, or addressed. It can describe a remaining quantity, a lingering effect, or a payment due for repeated use of creative work.
Example 1: Remaining Assets in an Estate
Imagine a person's will specifies that their house goes to their eldest child, their car to their youngest child, and a specific sum of money to a friend. After these specific gifts are distributed, any remaining money, investments, or other property that was not explicitly mentioned in the will would constitute the residual estate. This leftover portion is then typically distributed according to a general clause in the will, often to a designated charity or another beneficiary.
This example illustrates "residual" as the remaining assets after all specific bequests have been fulfilled.
Example 2: Lingering Health Effects
Consider an individual who suffered a severe concussion. After receiving medical treatment and undergoing a period of recovery, they are largely back to normal. However, they occasionally experience mild headaches and increased sensitivity to bright lights, even months after the initial injury has healed. These ongoing symptoms, though less severe than the initial acute phase, are considered residual effects of the concussion.
Here, "residual" describes the lingering symptoms or disabilities that remain after the primary illness or injury has been treated.
Example 3: Payments for Creative Works
A musician composes a jingle for a national advertising campaign. They are paid an initial fee for its creation and first use. However, the contract also stipulates that if the commercial continues to air after a certain period, or is broadcast in new markets, the musician will receive additional payments for each subsequent broadcast. These ongoing payments are known as residuals.
This example demonstrates "residual" as a fee paid for the repeated or continued use of a creative work, such as a performance or composition.
Simple Definition
In legal contexts, "residual" describes something that is left over or remaining after other parts have been addressed or accounted for. This term commonly applies to remaining claims, disabilities after an injury or illness, or the portion of an estate left after specific bequests have been fulfilled.