perfect-tender rule. Commercial law. The principle that a buyer may reject a seller’s goods if the quality, quantity, or delivery of the goods fails to conform precisely to the contract. • Although the perfect-tender rule was adopted by the UCC (§ 2-601), other Code provisions — such as the seller’s right to cure after rejection […]
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divine right of kings. The political theory that the sovereign is a direct representative of God and has the right to rule absolutely by virtue of birth. “Divine Right of Kings … originated in the mediaeval concept of God’s award of temporal power to civil rulers and spiritual power to the Church. It was claimed
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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.]
real-party-in-interest rule. The principle that the person entitled by law to enforce a substantive right should be the one under whose name the action is prosecuted. Fed. R. Civ. P. 17(a).
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riparian-rights doctrine. The rule that owners of land bordering on a waterway have equal rights to use the water passing through or by their property. Cf. PRIOR-APPROPRIATION DOCTRINE. [Cases: Navigable Waters 39; Waters and Water Courses 40. C.J.S. Navigable Waters § 82; Waters§ 12.]
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rule of doubt. 1. Copyright. The doctrine that unreadable or incomprehensible identifying material deposited with the U.S. Copyright Office may not be protected under copyright law because it cannot be easily examined to determine whether it qualifies. • This rule usu. applies to computer object code. Unlike a certificate of registration, a filing under the
Miranda rule. The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. • The suspect must be advised of the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford
author’s right. Copyright. The system of protecting the moral and economic rights of the creator of a work, esp. in civil-law countries. — Also termed (in French) droit d’auteur; (in German) Urheberrecht; (in Italian) diritto d’ autore; (in Spanish) derecho de autor. “[O]n almost every point of consequence, the traditions of copyright and author’s right
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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claim-of-right doctrine. Tax. The rule that any income constructively received must be reported as income, whether or not the taxpayer has an unrestricted claim to it. [Cases: Internal Revenue 3086, 3118. C.J.S. Internal Revenue §§ 53–54, 63.]
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