presumption-of-identity rule. The common-law rule that unless there is a specific, applicable statute in another state, a court will presume that the common law has developed elsewhere identically with how it has developed in the court’s own state, so that the court may apply its own state’s law. • Today this rule applies primarily in […]
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golden-rule argument. A jury argument in which a lawyer asks the jurors to reach a verdict by imagining themselves or someone they care about in the place of the injured plaintiff or crime victim. • Because golden-rule arguments ask the jurors to become advocates for the plaintiff or victim and to ignore their obligation to
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legislative rule 〈美〉立法性法规 指行政机关在其法定权限范围内制定的旨在补充制定法的法规。这些规则是由国会授权或根据法律制定，具有法律效力，对法院具有约束力。该词亦称legislative regulation。 (→legislative regulation)
antidissection rule. Trademarks. A rule, applied in comparing potentially conflicting marks, that requires that the marks be compared as a whole or as they are viewed by consumers in the marketplace, not broken down into their component parts. • The antidissection rule does not preclude an analysis of the dominant and subordinate features of a
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The principle that, in construing written instruments, a court should adhere to the grammatical and ordinary sense of the words unless that adherence would lead to some manifest absurdity; esp., in statutory construction, the principle that if a statute’s literal meaning would lead to an absurd or unjust result, or even to an inconsistency within
mailbox rule. 1. Contracts. The principle that an acceptance becomes effective — and binds the offeror — once it has been properly mailed. • The mailbox rule does not apply, however, if the offer provides that an acceptance is not effective until received. [Cases: Contracts 22(1).C.J.S. Contracts §§ 46–51, 53–54; Trading Stamps and Coupons§§ 7–9.]
miner’s rules and customs 矿工规则与习惯 指在美国西部矿工中发展起来的规则与习惯，由大量不成文法组成，其不与制定法冲突者有效。
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(1856) Rule in Royal British Bank v. Turquand (1856) 〈英〉不列颠皇家银行诉特克恩德案规则 在该案中，虽然未经公司股东会议的决议授权，但盖有公司印章并有公司两位经理签字的债券仍被法庭裁定为有效，因为贷款人有权认为所需的决议是存在的，一切事情都应推定为已正确地完成〔omnia praesumuntur rite esse acta〕。
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Durham rule. Criminal law. A test for the insanity defense, holding that a defendant is not criminally responsible for an act that was the product of mental disease or defect (Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954)). • Formerly used in New Hampshire and the District of Columbia, the Durham rule has