unit rule. 1. Securities. A method of valuing securities by multiplying the total number of shares held by the sale price of one share sold on a licensed stock exchange, ignoring all other facts about value. 2. Parliamentary law. A convention’s rule that lets a delegation’s majority cast the entire delegation’s votes. Cf. instructed delegate […]
divided-damages rule. Maritime law. The obsolete principle that when two parties are jointly liable to a third party for a tort, each party is liable for only half the damages. • The courts now apply a comparative-negligence standard. [Cases: Collision 143. C.J.S. Collision §§ 242, 245, 259, 261–262.] “For over a hundred years admiralty law
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McNabb-Mallory rule 〈美〉麦克纳布-马洛里规则 因1943年的麦克纳布诉美国〔McNabb v. United States〕和1957年的马洛里诉美国〔Mallory v. United States〕案件而确立的一项刑事诉讼规则，指如果对犯罪嫌疑人在逮捕后至预审前的羁押超过合理期间，则在此期间获得的犯罪嫌疑人的有罪供述不可采信。由于米兰达规则〔Miranda rule〕可以提供广泛的保护，因此该规则在现在的案件中很少使用。常简称为「马洛里规则」〔Mallory rule〕。
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Agency rulemaking that, when required by statute or the agency’s discretion, must be on the record after an opportunity for an agency hearing, and must comply with certain procedures, such as allowing the submission of evidence and the cross-examination of witnesses. Cf. informal rulemaking. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative Law and
legal-unities doctrine. Hist. The common-law rule that a wife had no separate existence from her husband. — Also termed doctrine of legal unities; unities doctrine of marriage. See MARRIED WOMEN’S PROPERTY ACTS; SPOUSAL-UNITY DOCTRINE.
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Pinkerton rule. Criminal law. The doctrine imposing liability on a conspirator for all offenses committed in furtherance of the conspiracy, even if those offenses are actually performed by coconspirators. Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180 (1946). [Cases: Conspiracy 41. C.J.S. Conspiracy §§ 134–137; RICO (Racketeer Influenced and Corrupt Organizations)§ 12.]
Calandra rule (k[schwa]-lan-dr[schwa]). The doctrine that a grand-jury witness may be compelled to answer questions about certain items, even though the items were obtained by the police illegally. United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974). [Cases: Grand Jury 36.]
home rule. A state legislative provision or action allocating a measure of autonomy to a local government, conditional on its acceptance of certain terms. Cf. LOCAL OPTION. [Cases: Municipal Corporations 65. C.J.S. Municipal Corporations §§ 122, 140–141, 143.] “Home rule in the United States was sometimes envisioned in its early days as giving the cities
rulemaking, n. The process used by an administrative agency to formulate, amend, or repeal a rule or regulation. — Also termed administrative rulemaking. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL AGENCY ACTION. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative Law and Procedure §§ 87–114.] — rulemaking, adj. formal rulemaking. Agency rulemaking that, when required by statute