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Simple English definitions for legal terms
reference
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A quick definition of reference:
Reference: When you need information or help with a decision, you can ask someone else for their opinion or guidance. This is called a reference. It can also mean mentioning or citing one source in another. In legal terms, a reference is when a court sends a case to a referee or master for decision-making.
A more thorough explanation:
Definition: The act of directing someone to another source for information, service, consideration, or decision.
Example: A court may make a reference of a case to a referee to decide all issues of fact and law. The referee's decision stands as the judgment of the court.
Explanation: In this example, the court is directing the case to a referee for a decision. This is an example of a general reference, where all parties consent to the referral. The referee's decision is binding and stands as the judgment of the court.
Example: A court may make a special reference of a case to a referee for decisions on specific questions of fact. The special referee makes findings and reports them to the trial judge, who treats them as advisory only and not as binding decisions.
Explanation: In this example, the court is directing the case to a referee for decisions on specific questions of fact. This is an example of a special reference, where the referee's findings are advisory only and not binding decisions.
Example: In patents, reference refers to information that a patent examiner considers to be anticipatory prior art or proof of unpredictability in the art that forms a basis for one or more of an applicant's claims to be rejected.
Explanation: In this example, reference refers to information that a patent examiner considers to be relevant to the patent application. This information may be used to reject one or more of the applicant's claims.