Rule - Law Dictionary Search Results
Home Dictionary Name: rule Page: 2legislative rule
legislative rule : a rule adopted by a government agency in accordance with the notice and comment requirements of the Administrative Procedure Act that has the force of law and imposes new duties on the regulated parties called also substantive rule compare interpretive rule ...
perfect tender rule
perfect tender rule : a rule that permits a buyer to reject goods if they or the tender of delivery fail to conform to contract in any respect [the perfect tender rule is preserved to the extent of permitting a buyer to reject goods for any defects "Ramirez v. Autosport, 440 A.2d 1345 (1982)"] NOTE: The Uniform Commercial Code contains provisions for a seller's right to cure a nonconforming shipment that counteract the strictness of the perfect tender rule. ...
rule of decision
rule of decision :something (as a law, rule of law, body of law, or prior decision) that governs a decision or adjudication [a claim or defense as to which State law supplies the rule of decision "Federal Rules of Evidence Rule 302"] ...
year-and-a-day rule
year-and-a-day rule : a common-law rule that relieves a defendant of responsibility for homicide if the victim lives for more than one year and one day after being injured NOTE: The year-and-a-day rule, which dates from at least 1278, is frequently criticized as anachronistic since modern medicine makes pinpointing cause of death easier than it was formerly. However, the rule still exists or is reflected in the law of some jurisdictions. ...
Mansfield rule
Mansfield rule, the doctrine that a Juror's testimony or affidavit about juror misconduct may not be used to challenge the verdict. This Mansfield rule as intended to ensure that jurors are heard through their verdict, not through their post verdict testimony. In practice the rule lessons the possibility that losing parties will seek to penetrate the secrets of the jury room. The rule of first announced in Vaise v. Delaval, 99 Eng Rep 944 (KB 1785), in an opinion by William Murray, first Earl of Mansfield, the Lord Chief Justice of the Court of King's Bench, Black's Law Dictionary, 7th Edn., p. 976....
Next below rule
Next below rule, the 'next below rule' is not a rule of any independent application. It sets out only the guiding principles for application in any case in which the President or the Governor proposes to regulate an officiating pay by special order under the second proviso to F.R. 30(1). The condition precedent to the application of the 'Next Below Rule' must, therefore, be fulfilled in each individual case before any action can be taken under this proviso, D.D. Suri v. Union of India, AIR 1979 SC 1596: (1979) 3 SCC 553: (1980) 1 SCR 24 [F.R. 30(1) Second Proviso]...
Quantitative rule
Quantitative rule, means an evidentiary rule requiring that a given type of evidence is insufficient unless accompanied by additional evidence before the case is closed. Such a rule exists because of the known danger or weakness of certain types of evidence. Also termed synthetic rule, Black's Law Dictionary, 7th Edn., p. 1255....
four-month rule
four-month rule : a rule requiring that an action be taken within four months: as a : a rule in some states requiring that a defendant be tried within four months of the arrest, charge, or arraignment b : a rule set out in section 9-103(1)(d) of the Uniform Commercial Code that provides a secured creditor four months to perfect a security interest again in the state to which the collateral perfected previously in another state has been moved ...
decree
decree [Old French decré, from Latin decretum, from neuter of decretus, past participle of decernere to decide] 1 : an order having the force of law [by judicial ] 2 : a judicial decision esp. in an equity or probate court ;broadly : judgment [divorce ] [interlocutory ] consent decree : a decree entered by a court that is determined by the parties' agreement : a settlement between the parties that is subject to judicial approval and supervision ;specif : such a decree by which the accused agrees to cease alleged illegal activities without admitting guilt decree nisi pl: decrees nisi : a provisional decree that will become final unless cause is shown why it should not NOTE: Some states grant divorces using decrees nisi. The decree nisi creates a time period (as of 3 months) allowing for possible reconciliation or for completion of various arrangements (as custody). decree pro con·fes·so : a decree entered by a court based on a defendant's default and the pres...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
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