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Statutory Rules and Orders

Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, some Govern-ment Department, or Courts of Justice, to make rules, having the same effect as the statute under which they are made, to regulate details left unprovided for by such statute. Thus, there are the Bankruptcy Rules regulating the practice under the Bankruptcy Acts; the Rules of the Supreme Court, regulating the practice of the High Court and the Court of Appeal; Orders of the Ministries of Health, Labour, etc., and Orders of the Ministry of Agriculture and Fisheries, under the (English) Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be published in the London, Edinburgh, or Dublin Gazette, and in others not.The (English) Rules Publication Act 1893 (56 & 57 Vict. c. 66), directs that...


rule of reason

rule of reason :a standard used in restraint of trade actions that requires the plaintiff to show and the factfinder to find that under all the circumstances the practice in question unreasonably restricts competition in the relevant market compare per se rule NOTE: The rule of reason does not apply to per se violations of the Sherman Antitrust Act. ...


final rule

final rule : a rule promulgated by an administrative agency after the public has had an opportunity to comment on the proposed rule ...


Durham rule

Durham rule [from Durham v. United States, 214 F.2d 862 (1954), a case heard by the District of Columbia Court of Appeals that established the rule] : a rule of criminal law used in some states that holds that in order to find a defendant not guilty by reason of insanity the defendant's criminal act must be the product of a mental disease or defect compare irresistible impulse test, m'naghten test, substantial capacity test ...


best evidence rule

best evidence rule : a rule of evidence: in order to prove what is said or pictured in a writing, recording, or photograph the original must be provided unless the original is lost, destroyed, or otherwise unobtainable called also original writing rule ...


Wild's case, Rule in

Wild's case, Rule in. A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate-tail; but if he have issue at the time, B. and his children may, upon construction, take joint estates for life, 6 Rep. 16 b; Tud. L.C. on Real Property, 2nd Edn. 542, 581.The rule did not apply to personalty; see Audsley v. Horn, (1858) 26 Beav 195: 1 De GF&J 226; 2 Jarm. on Wills; Theobald on Wills.The rule has apparently been abolished in regard to wills coming into operation after 1925. See TAIL...


Unus Nullus Rule, The

Unus Nullus Rule, The, the rule of evidence which obtains in the Civil Law, that the testimony of one witness is equivalent to the testimony of none. See Best on Evidence, bk. 3, pt. 2, c. 10, and CORROBORATION. In our law corroboration is required in an action for breach of promise of marriage and on a summons for an affiliation order, and two witnesses are required on an indictment for treason or perjury, and for attestation of a will. The unsupported evidence of an accomplice, though legally admissible, is usually rejected by a jury under the direction of the judge [In re Meunier, (1894) 2 QB 415]; the same procedure will usually apply to the uncorroborated testimony of a party in divorce proceedings or the claimant of an estate. With these exceptions, the rule of our law is that witnesses are weighed, not counted,- 'ponderantur testes, non numerantur.'...


Rule of procedure

Rule of procedure, each House has the absolute right of interpreting its rules; courts have no power to interfere in the matter of the application of these relating to the internal management of the House, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 122.Rule of procedure, rule making power of British Parliament is absolute, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, Art. 118(1)....


Rule absolute

Rule absolute, means a rule to show cause upon which on hearing, the court has made a peremptory order, that the party shall do as the rule requires, Ramanatha Aiyar's Law Lexicon, p. 1698, 2nd Edn., Reprint 2000...


Road, Rule of the

Road, Rule of the, the old common law rule, in riding or driving, to keep on the left side (sometimes called the near side) when meeting, and on the right when passing-a departure from which rule is punishable by s. 78 of the Highways Act, 1835, and also by Motor Vehicles (Construction and Use) Regulations, 1931, S.R. & O. 1931, No. 4. See HIGHWAYS....



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