REST

9 definitions found across Law Mind sources

RESTAuthored
The Law Mind • 912 words
Definition
REST has two distinct legal meanings, one procedural and one financial. 1. (v.) Procedural — To rest, or to rest one's case, means that a party signals to the court that it has concluded presenting evidence for that phase of trial. When a party rests, it formally notifies the court and opposing counsel that it will offer no further evidence in its case-in-chief (or, in the context of rebuttal, no further rebuttal evidence). The act of resting does not necessarily foreclose all further participation: a party who has rested may still be permitted to offer rebuttal evidence if the opposing party subsequently presents new matter. 2. (n.) Financial — A rest is a pause in an accountant's running entries at which a balance is struck. This balance then becomes the new principal upon which interest is calculated going forward. Annual rests and semi-annual rests describe how frequently this recalculation occurs, meaning interest is compounded at each rest interval.
Common Language
Modern common usage (Wiktionary): In contemporary general usage, "REST" appears primarily as a technology acronym (Representational State Transfer), a software architecture style. Historical common usage (Webster's 1813): Webster's 1913 records "to rest" in an archaic sense meaning to arrest, marked as obsolete. Neither modern common usage nor the archaic sense maps onto the legal term. The procedural and financial meanings of REST are distinctly legal usages that require separate attention. Researchers encountering "REST" or "rests" in historical legal materials should not apply the archaic Webster's meaning, which had already fallen out of use before the legal sense was fully codified.
Common Confusion
The procedural sense of resting a case is sometimes confused with a motion for directed verdict or judgment as a matter of law. These are distinct acts: resting ends a party's evidentiary presentation, while a motion for directed verdict is a legal argument made after the opposing party rests, requesting that the court resolve the case without submitting it to a jury. The two often occur in close sequence — a party may move for directed verdict immediately after the opposing party rests — but they are separate procedural steps. In the financial sense, "rests" is occasionally confused with a compounding schedule written into a contract or judgment. Rests in the accountancy sense are a method of calculation, not a contractual term specifying a rate.
Recognized Forms
/SUBTYPES Annual rests: The balance is struck once per year, and interest compounds on that annual basis. Semi-annual rests: The balance is struck twice per year, producing more frequent compounding.
Why It Matters in Research
For procedural research, the moment a party rests carries significant consequences. In many jurisdictions, resting may waive the right to cure evidentiary gaps, preclude the later introduction of certain evidence, and trigger the opposing party's right to move for dismissal or directed verdict. Researchers tracing appellate arguments about waiver or preservation of error will frequently need to establish exactly when and how a party rested. In historical trial records and transcripts, "resting" is often marked informally — a brief notation or even an implied break in proceedings — rather than as an explicit formal announcement. Early common-law sources may not distinguish clearly between resting in chief and resting after rebuttal. For the financial sense, the frequency of rests materially affects the total interest accrued. Equity courts historically exercised discretion over whether to allow rests and at what intervals, particularly in accounting actions between partners, trustees, and beneficiaries. Researchers examining chancery records or partnership accounting disputes should watch for "annual rests" as a term of art embedded in master's reports and decrees, not always explained in the surrounding text. The two meanings can appear in proximity in older legal materials, particularly in cases involving accountings that proceed to trial, which may cause confusion.
Historical Dictionary Support
Black's, Anderson's, and Bouvier's are in substantial agreement on both meanings. All three treat the procedural sense as the primary definition, with Anderson's and Bouvier's offering a slightly fuller description by clarifying that resting applies both to the case-in-chief and to rebuttal. Black's adds the useful clarification that resting is conditional — the party submits the case "either finally, or subject to his right to afterwards offer rebutting evidence" — which correctly captures that resting is not always an irrevocable act. Anderson's provides the most complete treatment of the financial sense, expressly noting annual and semi-annual rests as recognized forms. Bouvier's substantially tracks Anderson's on this point. Black's gives less attention to the financial sense. None of the historical dictionaries address the evidentiary preservation consequences of resting — a doctrine that has grown considerably in modern appellate practice and is not visible in these sources.
Jurisdictional Note
In federal practice, the moment of resting is embedded in the structure of Federal Rules of Civil Procedure Rule 50, which governs motions for judgment as a matter of law. State jurisdictions vary in how formally the act of resting must be expressed and what waiver consequences attach. Researchers should not assume that historical or equity-court treatments of resting translate directly to modern procedural rules.
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Trial Procedure Law Mind Encyclopedia — Interest Calculations in Equity
Related Terms
Case-in-chief; Rebuttal; Directed verdict; Judgment as a matter of law; Motion to dismiss at close of plaintiff's evidence; Compounding interest; Accounting (equitable action); Waiver (evidentiary); Opening statement; Closing argument
RESTmain
Black's Law Dictionary • 1891
In the trial of an action, a party is said to "rest," or "rest his case," when he intimates that he has produced all the evi- dence he intends to offer at that stage, and submits the case, either finally, or subject to his right to afterwards offer rebutting evi- dence.
RESTmain
Anderson's Dictionary of Law • 1890
1, v. To rely upon, trust to the sufficiency of. "To rest a case," and for a party "to rest," is to adduce what is thought to be sufficient testimony to make out an apparent case in chief, or to rebut the adversary's prima facie case. 2, n. (1) A pause made by an accountant in his entries, in order to strike a balance upon which to allow interest. Spoken of as annual and semi-annual rests; and made by an administrator, executor, guardian, or other trustee.. 1 Farley v. Day, 26 N. H. 531 (1853), Gilchrist, C. J.; N. H. Rev. St. ch. 183, § 17. Yale College v. Runkle, 10 Biss. 309 (1881), Drummond, J. • Hoole v. Kinkead, 16 Nev. 221 (1881), Leonard, C. J.; Nev. St. 1881, 59. • Bosker v. Wabash County, 88 Ind. 267 (1882). • Douglass v. Commonwealth, 108 Pa. 563 (1885), Merour, C. J.; Commonwealth v. Mitchell, 82 Pa. 348 (1876); Findley v. City of Pittsburgh, ib. 353 (1876). See also State v. McGrath, 91 Mo. 393-94 (1886), cases. • See Buller v. Harrison, 1 Cowp. 566 (1777); Penny-
RESTmain
Bouvier's Law Dictionary • 1928
(v). To rely upon, trust to the sufficency of. Anderson. "To rest a case," and for a party "to rest," is to adduce what is thought to be sufficient testimony to make out an apparent case in chief, or to rebut the adversary's prima facie case. Id. (n). A pause made by an accountant in his entries, in order to strike a balance upon which to allow interest. Id. Spoken of as annual and semi-annual rests; and made by an administrator, executor, guardian, or other trustee. Id.; 1 Cowp. 566. Also, peace, quiet. Id. RESTAUR, or RESTOR. The rem- edy or recourse which assurers have against each other, according to the date of their assurances; or against the master, if the loss arise through his default; also the remedy or recourse a person has against his guarantor, or other person, who is to indemnify him from any damage sus- tained. Whart.
RESTv.
Websters Unabridged Dictionary (1913) • 1913
To arrest. [Obs.]
RESTn.
Websters Unabridged Dictionary (1913) • 1913
A state of quiet or repose; a cessation from motion or labor; tranquillity; as, rest from mental exertion; rest of body or mind. Chaucer. Sleep give thee all his rest! Shak. Hence, freedom from everything which wearies or disturbs; peace; security. And the land had rest fourscore years. Judges iii. 30. Sleep; slumber; hence, poetically, death. How sleep the brave who sink to rest, By all their country's wishes blest. Collins. That on which anything rests or leans for support; as, a rest in a lathe, for supporting the cutting tool or steadying the work. He made narrowed rests round about, that the beams should not be fastened in the walls of the house. 1 Kings vi. 6. A projection from the right side of the cuirass, serving to support the lance. Their visors closed, their lances in the rest. Dryden. A place where one may rest, either temporarily, as in an inn, or permanently, as, in an abode. "Halfway houses and travelers' rests." J. H. Newman. In dust our final rest, and native home. Milton. Ye are not as yet come to the rest and to the inheritance which the Lord your God giveth you. Deut. xii. 9. A short pause in reading verse; a cæsura. The striking of a balance at regular intervals in a running account. "An account is said to be taken with annual or semiannual rests." Abbott. A set or game at tennis. [Obs.] Silence in music or in one of its parts; the name of the character that stands for such silence. They are named as notes are, whole, half, quarter,etc. Rest house, an empty house for the accomodation of travelers; a caravansary. [India] -- To set, or To set up, one's rest, to have a settled determination; -- from an old game of cards, when one so expressed his intention to stand or rest upon his hand. [Obs.] Shak. Bacon.
RESTv.
Websters Unabridged Dictionary (1913) • 1913
To cease from action or motion, especially from action which has caused weariness; to desist from labor or exertion. God . . . rested on the seventh day from all his work which he had made. Gen. ii. 2. Six days thou shalt do thy work, and on the seventh day thou shalt rest. Ex. xxiii. 12. To be free from whanever wearies or disturbs; to be quiet or still. There rest, if any rest can harbor there. Milton. To lie; to repose; to recline; to lan; as, to rest on a couch. To stand firm; to be fixed; to be supported; as, a column rests on its pedestal. To sleep; to slumber; hence, poetically, to be dead. Fancy . . . then retries Into her private cell when Nature rests. Milton. To lean in confidence; to trust; to rely; to repose without anxiety; as, to rest on a man's promise. On him I rested, after long debate, And not without considering, fixed Dryden. To be satisfied; to acquiesce. To rest in Heaven's determination. Addison. To rest with, to be in the power of; to depend upon; as, it rests with him to decide.
RESTnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Acronym of representational state transfer.
restverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To cease from action, motion, work, or performance of any kind; stop; desist; be without motion. | To come to a pause or an end; end. | To be free from that which harasses or disturbs; be quiet or still; be undisturbed. | To put into a state of rest. | To stay, remain, be situated, or belong to. | To rely or depend on. | To lean, lie, or lay. | To complete one's active advocacy in a trial or other proceeding, and thus to wait for the outcome (however, one is still generally available to answer questions, etc.) | To sleep; slumber. | To lie dormant. | To sleep the final sleep; sleep in death; die; be dead. | To be satisfied; to acquiesce.

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