Also known as: remains · remained · remaining
Written by attorneys · grounded in primary & secondary sources — see below
Continuation of a legal status, right, duty, or condition after an event, change, or period has occurred. The status persists despite intervening circumstances such as temporary absence, partial performance, or new transactions unless a specific rule provides otherwise.
Rita Russell owns a house that she and her family use for sleeping every night even though she runs a small accounting business from the living room. After Rita takes a two-week vacation, a burglar breaks in at night. The house remains a dwelling because regular sleeping use continued before the absence and the family intends to return.
Rebecca Ross is elected President and begins her four-year term. Two years later Congress passes a statute attempting to shorten her remaining time in office. The executive power remains vested in Rebecca for the full four years because the constitutional term has not yet expired.
Select any source to read its text and confirm it supports the definition.
Ricardo Rojas files an answer to a complaint on day ten of the original twenty-one-day period. The plaintiff then serves an amended complaint. Ricardo's time to respond to the amended pleading remains the eleven days left on the original clock rather than resetting to a new fourteen-day period.
Raphael Rivera leaves a law firm that is handling a matter adverse to a former client. Another lawyer who stays at the firm possesses confidential information material to that matter. The firm remains disqualified because the remaining lawyer holds protected information that is still material.
Ravi Reddy contracts to deliver twelve shipments of parts. After the sixth shipment the buyer repudiates. The seller's claim for damages remains based on all of his remaining rights to the six undelivered shipments because the repudiation constitutes a total breach.
Regina Robinson signs a three-year written lease. Six months later the parties orally agree to extend the term by another three years. The extension remains invalid because both the original term and the remaining period exceed the statute of frauds writing requirement.
No. A structure remains a dwelling when occupants use it regularly for sleeping even if they are temporarily absent, provided they intend to return. Only permanent move-out without intent to return removes the dwelling character.
Supporting sources
Disqualification continues if any lawyer remaining in the firm possesses confidential information protected by Rules 1.6 and 1.9(c) that is material to the matter. The information must still be material at the time of the new representation.
Supporting sources
A claim for total breach allows recovery based on all of the injured party's remaining rights to performance. The formula measures damages by the full scope of unperformed obligations rather than only the portion already due.
Supporting sources
…act are of a public nature and the Secretary is bound to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold…