Duhig rule. Oil & gas. A rule of title interpretation developed to deal with the common problem of overconveyance of fractional interests by giving priority to the granted interest over the reserved interest. Duhig v. Peavy-Moore Lumber Co., Inc., 144 S.W.2d 878 (Tex. 1940). • The rule is not accepted in all states and is […]
Enelow–Ettelson rule (en-[schwa]-loh–et-[schwa]l-s[schwa]n). The defunct doctrine that an order staying federal-court proceedings pending the determination of an equitable defense (such as arbitration) is an injunction appealable under 28 USCA § 1292(a)(1) if the proceeding stayed was an action that could have been maintained as an action at law before the merger of law and equity.
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impact rule. Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. • This rule has been abandoned in most jurisdictions. — Also termed physical-impact rule. [Cases: Damages 50. C.J.S. Damages § 96; Torts §§ 74, 80–81, 83.]
Rules of the Supreme Court 〈英〉《最高法院规则》 规定英格兰和威尔士最高法院的诉讼程序的规则，由以御前大臣〔Lord Chancellor〕、法官、出庭律师和事务律师组成的规则委员会制定。规则必须提交议会通过，议会可宣布其无效。刑事法院、上诉法院刑事庭和家事案件的审理，都各有不同的规则。这些规则由「程序指南」〔practice directions〕和「程序注释」〔practice notes〕予以补充，在王座庭，则由主事官的程序指南予以补充。这些规则都被刊印在诉讼年鉴〔Annual Practice〕上，并附有注解。
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accumulations, rule against. The rule that a direction to accumulate income from property — the income to be distributed later to certain beneficiaries — is valid only if confined to the perpetuity period. Cf. RULE AGAINST PERPETUITIES . [Cases: Perpetuities 9. C.J.S. Perpetuities § 45.]
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common-authority rule. The principle that a person may consent to a police officer’s search of another person’s property if both persons use, control, or have access to the property. • Under this rule, the consenting person must have been legally able to permit the search in his or her own right, and the defendant must
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in-presence rule. The principle that a police officer may make a warrantless arrest of a person who commits a misdemeanor offense not only in the officer’s actual presence but also within the officer’s immediate vicinity. “The common law rule with respect to misdemeanors was quite different; a warrant was required except when a breach of
four-corners rule. 1. The principle that a document’s meaning is to be gathered from the entire document and not from its isolated parts. [Cases: Contracts 143.5; Evidence 448. C.J.S. Contracts § 314.] 2. The principle that no extraneous evidence should be used to interpret an unambiguous document. Cf. PAROL-EVIDENCE RULE. [Cases: Evidence 448. C.J.S. Evidence
one-book rule. The requirement or practice that only one version of the Sentencing Guidelines be used to calculate all aspects of a defendant’s sentence.
anti-assignment-in-gross rule. Trademarks. The doctrine that an assignment of a mark without the goodwill symbolized by the mark is invalid. • Although trademark rights are not destroyed when a mark is assigned in gross, the failure of the assignor to continue to use the mark, coupled with an ineffective transfer, may result in aban-donment. —
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