Golden Rule argument
Golden Rule argument 「金科玉律」型辩论 「金科玉律」源出《圣经·新约全书》所述「希望别人怎样待自己，自己也要怎样待别人」。「金科玉律」型辩论指法庭辩论时要求陪审员将自己或家人或亲朋好友设想为案件的受害人，并由此作出裁断。在刑事案件和民事案件中这种辩论方式都是不恰当的。
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Search Results for: RULE, THE
shop book rule
shop-book rule. Evidence. An exception to the hearsay rule permitting the admission into evidence of original bookkeeping records if the books’ entries were made in the ordinary course of business and the books are introduced by somebody who maintains them. [Cases: Evidence 354. C.J.S. Evidence §§ 925, 934.]
common rule ex parte
common rule ex parte. Hist. A court-docket entry reflecting that the case would be decided by a majority vote and would proceed even if a notified party did not appear. See Billington v. Sprague, 22 Me. 34 (1842).
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out of pocket rule
out-of-pocket rule. The principle that a defrauded buyer may recover from the seller as damages the difference between the amount paid for the property and the actual value received. Cf. BENEFIT-OF-THE-BARGAIN RULE(2). [Cases: Fraud 59(3).]
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throwback rule
throwback rule. Tax. 1. In the taxation of trusts, a rule requiring that an amount distributed in any tax year that exceeds the year’s distributable net income must be treated as if it had been distributed in the preceding year. • The beneficiary is taxed in the current year although the computation is made as
parol evidence rule
parol-evidence rule. Contracts. The common-law principle that a writing intended by the parties to be a final embodiment of their agreement cannot be modified by evidence of earlier or contemporaneous agreements that might add to, vary, or contradict the writing. • This rule usu. operates to prevent a party from introducing extrinsic evidence of negotiations
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contemporaneous objection rule
contemporaneous-objection rule. The doctrine that a timely and proper objection to the admission of evidence must be made at trial for the issue of admissibility to be considered on appeal. • An objection is timely if it is made as soon as practicable and is proper if made formally on the record. These requirements afford
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mirror image rule
Contracts. The doctrine that the acceptance of a contractual offer must be positive, unconditional, unequivocal, and unambiguous, and must not change, add to, or qualify the terms of the offer; the common-law principle that for a contract to be formed, the terms of an acceptance must correspond exactly with those of the offer. • In
slayer rule
slayer rule. The doctrine that neither a person who kills another nor the killer’s heirs can share in the decedent’s estate. — Also termed slayer’s rule.
reasonable man rule
reasonable man rule 理性人规则 法院在审查行政决定时，并非以判决或裁定替代行政机关的决定，而是审查作出此项决定是否有充分的依据，即任何理智的人是否都会作出同样的决定。
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