all-or-nothing rule. A gloss on the rule against perpetuities holding that a class gift is invalid in its entirety if it is invalid in part. • The effect is to invalidate a class member’s interest even if it vests within the period of the rule because it may be subject to partial divestment by the […]
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fictitious-payee rule. Commercial law. The principle that if a drawer or maker issues commercial paper to a payee whom the drawer or maker does not actually intend to have any interest in the instrument, an ensuing forgery of the payee’s name will be effective to pass good title to later transferees. — Also termed padded-payroll
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place of wrong rule 〈美〉损害发生地规则 美国各州法院处理侵权案件时适用法律的规则，即以损害发生地的法律作为侵权案件的准据法。
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Rule of Hadley v. Baxendale 哈德利诉巴克森德案规则根据该项规则，只有当当事人在缔约时已经预料到「特别损失」或「间接损失」〔special or consequential damages〕是违约的可能结果时，才应予以赔偿。(→Hadley v. Baxendale; consequential damages)
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inclusionary-approach rule. The principle that evidence of a prior crime, wrong, or act is admissible for any purpose other than to show a defendant’s criminal propensity as long as it is relevant to some disputed issue and its probative value outweighs its prejudicial effect. [Cases: Criminal Law 369.2(1). C.J.S. Criminal Law §§ 825–826.]
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rules of navigation. Maritime law. The principles and regulations that govern the steering and sailing of vessels to avoid collisions. • Examples include the International Rules governing conduct on the high seas and the Inland Rules governing navigation on the inland waters of the United States and U.S. vessels on the Canadian waters of the
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M’Naghten Rules 姆纳顿规则 鉴别精神病的规则，来自1843年英国上议院的一个判例。被告人姆纳顿在认为政府迫害他的精神错乱支配下，误将首相秘书当作首相而杀死。判决认定被告人患有精神病而无罪。判决书称：「如果行为人在实施行为时，由于精神上的疾病导致缺乏理智而不能了解其行为的性质，或不知其行为是错误的，则不负刑事责任。」该规则在英美得到普遍应用，但苏格兰除外。
A group of judges, lawyers, and legal scholars appointed by the Chief Justice of the United States to advise the Judicial Conference of the United States on possible amendments to the procedural rules in the various federal courts and on other issues relating to the operation of the federal courts. 28 USCA § 331.
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rule of rank. A doctrine of statutory construction holding that a statute dealing with things or persons of an inferior rank cannot by any general words be extended to things or persons of a superior rank. • Blackstone gives the example of a statute dealing with deans, prebendaries, parsons, vicars, and others having spiritual promotion.