Search Results for: RULE, THE

rule of 78

rule of 78. A method for computing the amount of interest that a borrower saves by paying off a loan early, when the interest payments are higher at the beginning of the loan period. • For example, to determine how much interest is saved by prepaying a 12-month loan after 6 months, divide the sum […]

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but-for rule

but-for rule 事实原因原则 英美国家在理解刑法中因果关系问题时引用的民事侵权理论中的概念,是指如果没有该事实的存在,那么事故便不会发生。该事实的存在被称为事实原因。该原则已被现代刑法理论抛弃。因为它存在着两方面的缺陷:一是不能包括共同原因;另一是其原因覆盖面过大,根据这一原则,很难确定法律责任的承担者。

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dual priorities rule

dual-priorities rule. The principle that partnership creditors have priority for partnership assets and that individual creditors have priority for a partner’s personal assets. • This rule has been abandoned by the bankruptcy laws and the Revised Uniform Partnership Act. The Bankruptcy Code now allows partnership creditors access to all assets of bankrupt partners, not just

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mischief rule

mischief rule. In statutory construction, the doctrine that a statute should be interpreted by first identifying the problem (or “mischief”) that the statute was designed to remedy and then adopting a construction that will suppress the problem and advance the remedy. — Also termed rule in Heydon’s Case; purpose approach. Cf. GOLDEN RULE; PLAIN-MEANING RULE;

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Dillon’s Rule

Dillon’s Rule 〈美〉狄龙规则 是一项限制地方政府权力的原则,指地方政府即市政法人〔municipal corporation〕只能行使下列权力:1宪法和州的法律明文授予的权力;2上述明示权力必然默示或必然附带的权力;3对市政法人的宗旨和目标具有绝对实质性意义的权力,即必需的而不仅仅是出于便利的权力。狄龙规则在其发展过程中,日益受到地方自治〔home rule〕呼声的冲击。

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vallescura rule

Vallescura rule. Maritime law. The holding that when a maritime loss is due to more than one cause, and the carrier is exempt from liability for at least one of them, the burden is on the carrier to prove what loss is due to the exempt cause or else be liable for the entire loss.

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