Palsgraf Rule
Palsgraf Rule 〈美〉帕斯格拉夫规则 1928年帕斯格拉夫诉长岛铁路公司〔Palsgraf v. Long Island Railroad Co.〕一案所确立的原则，即因过失造成损害或伤害时，行为人的责任范围以按常规能够预见的为限。
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special errand rule
special errand rule 特殊使命规则 依据该规则，僱员虽在工作场所之外，但却是在为僱主做事的途中或履行僱主分配的特殊职责〔special duty〕时所受的损害应包括在应由僱主负责的劳工损害赔偿范围内。该规则构成僱主对僱员在从事受雇工作之外所受损害不承担责任这一一般规则的一个例外，也称special-duty exception或special-mission exception。
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mirror image rule
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.
cause and prejudice rule
cause-and-prejudice rule. Criminal law. The doctrine that a prisoner petitioning for a federal writ of habeas corpus on the basis of a constitutional challenge must first show that the claim rests on either a new rule of con-stitutional law (one that was unavailable while the case was heard in the state courts) or a fact
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inevitable discovery rule
inevitable-discovery rule. Criminal procedure. The rule providing — as an exception to the fruit-of-the-poisonous-tree doctrine — that evidence obtained by illegal means may nonetheless be admissible if the prosecution can show that the evidence would eventually have been legally obtained anyway. See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. Cf. INDEPENDENT-SOURCE RULE . [Cases: Criminal Law 394.1(3). C.J.S. Criminal Law
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corpus delicti rule
Criminal law. The doctrine that prohibits a prosecutor from proving the corpus delicti based solely on a defendant’s extrajudicial statements. • The prosecution must establish the corpus delicti with corro-borating evidence to secure a conviction. [Cases: Criminal Law 412(6), 517.3. C.J.S. Criminal Law §§ 942–945.]
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rule in shelley’s case
Rule in Shelley’s Case. Property. The rule that if — in a single grant — a freehold estate is given to a person and a remainder is given to the person’s heirs, the remainder belongs to the named person and not the heirs, so that the person is held to have a fee simple absolute.
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mcnabb– mallory rule
McNabb–Mallory rule. Criminal procedure. The doctrine that a confession is inadmissible if obtained during an unreasonably long detention period between arrest and a preliminary hearing. • Because of the broader protections afforded under the Miranda rule, the McNabb–Mallory rule is rarely applied in modern cases. McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608
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mandatory rule
A legal rule that is not subject to contrary to contrary agreement. • For example, the UCC obligation of good faith and fair dealing cannot be disclaimed.