rule of law. 1. A substantive legal principle (under the rule of law known as respondeat superior, the employer is answerable for all wrongs committed by an employee in the course of the employment). 2. The supremacy of regular as opposed to arbitrary power (citizens must respect the rule of law). — Also termed supremacy […]
Agency rulemaking in which the agency publishes a proposed regulation and receives public comments on the regulation, after which the regulation can take effect without the necessity of a formal hearing on the record. • Informal rulemaking is the most common procedure followed by an agency in issuing its substantive rules. — Also termed notice-and-comment
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Ashwander rules. A set of principles outlining the U.S. Supreme Court’s policy of deciding constitutional questions only when necessary, and of avoiding a constitutional question if the case can be decided on the basis of another issue. • These rules were outlined in Justice Brandeis’s concurring opinion in Ashwander v. Tennessee Valley Authority, 297 U.S.
per se rule. Antitrust. The judicial principle that a trade practice violates the Sherman Act simply if the practice is a restraint of trade, regardless of whether it actually harms anyone. See SHERMAN ANTITRUST ACT. Cf. RULE OF REASON.
floor-plan rule. The principle by which a vehicle owner who has placed for sale a vehicle in a retail dealer’s showroom is estopped to deny the title of an innocent purchaser from the dealer in the ordinary course of retail dealing. [Cases: Estoppel 75. C.J.S. Estoppel §§ 118–119.]
rule of the shorter term. Copyright. A provision of the Universal Copyright Convention stating that no member country is required to extend a longer term of protection than the work receives in the country where it is first published. — Also termed shorter-term rule.
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fresh-complaint rule. The theory that the credibility of a sexual-assault victim is bolstered if the victim reports the assault soon after it occurs. • Most courts no longer recognize this theory. [Cases: Rape 48(1)–49, 49. 2. C.J.S. Rape §§ 62, 72–77.]
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rule of court. A rule governing the practice or procedure in a given court ( federal rules of court). See LOCAL RULE. [Cases: Courts 85; Federal Civil Procedure 21. C.J.S. Courts § 130; Evidence § 7.]
practice masters’ rules 〈英〉诉讼程序主事官规则 指高等法院中对涉及最高法院中央办公室事务的管理规定的指导准则。它们刊登在《程序年鉴》〔Annual Practice〕中。
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blockage rule. Tax. The principle that a large block of stock shares may be valued at less than the total value of the individual shares because such a large block may be difficult to sell at full price. [Cases: Internal Revenue 4534; Taxation 1072. C.J.S. Internal Revenue §§ 523, 646.]