scintilla-of-evidence rule. A common-law doctrine holding that if even the slightest amount of relevant evidence exists on an issue, then a motion for summary judgment or for directed verdict cannot be granted and the issue must go to the jury. • Federal courts do not follow this rule, but some states apply it. — Also […]
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rule of operation. Patents. A method of using a machine to produce its intended useful result. • A rule of operation and moving parts generally distinguish a machine from an article of manufacture.
aliquot-part rule. The principle that a person must intend to acquire a fractional part of the ownership of property before a court can declare a resulting trust in the person’s favor. [Cases: Trusts 62–90. C.J.S. Trover and Conversion §§ 10–11, 128–142, 144–173.]
ABS Rules. Maritime law. Industry standards for the construction, maintenance, and operation of seagoing vessels and stationary offshore facilities, as set and enforced by the American Bureau of Shipping. See AMERICAN BUREAU OF SHIPPING.
last-treatment rule. The doctrine that, for an ongoing physician–patient relationship, the statute of limitations on a medical-malpractice claim begins to run when the treatment stops or the relationship ends. [Cases: Limitation of Actions 55(3). C.J.S. Limitations of Actions §§ 159, 166, 171–175; Physicians, Surgeons, and Other Health-Care Providers § 108.]
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Grosscup Rule 〈美〉格罗斯卡普规则 住房贷款协会〔building and loaning association〕在破产或解散时，用以处理其借款会员〔borrowing member〕权利和义务的规则。
Escobedo rule 〈美〉埃斯科韦多规则 根据该规则，警察在讯问被拘留的嫌疑人时，如果嫌疑人要求获得律师的帮助而被拒绝，且警察亦未告知其有权保持沉默，那么在这种讯问下取得的任何陈述都不得在刑事法庭审判中被采用。该规则源自1964年的Escobedo v. Illinois一案，为米兰达规则〔Miranda Rule〕的前身 。(→effective assistance of counsel; Miranda rule)
apex rule. Mining law. The principle that a vein of ore may be mined if it extends beyond the vertical boundaries of the surface claim on which the vein apexes. — Also termed extralateral right. Cf. INTRALIMINAL RIGHT. [Cases: Mines and Minerals 30. C.J.S. Mines and Minerals § 69.]
Rule in Wild’s Case. Property. The rule construing a grant to “A and A’s children” as a fee tail if A’s children do not exist at the effective date of the instrument, and as a joint tenancy if A’s children do exist at the effective date. • The rule has been abolished along with the
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