remnant rule
remnant rule 剩余物规则 根据该规则，在平分一条线或一块地方时，测量者宣布除最后一部分以外的每一部分的长度或面积，并假定剩余的不论多少都放进最后这不规则及未测量的部分。 remnant rule 2 剩余物规则 根据该规则，在平分一条线或一块地方时，测量者宣布除最后一部分以外的每一部分的长度或面积，并假定剩余的不论多少都放进最后这不规则及未测量的部分。
Search Results for: RULE, THE
ordinary meaning rule
ordinary-meaning rule. 1. The rule that when a word is not defined in a statute or other legal instrument, the court normally construes it in accordance with its ordinary or natural meaning. 2. PLAIN-MEANING RULE.
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work product rule
The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption; attorney-work-product privilege.
conjectural choice rule of
conjectural choice, rule of. The principle that no basis for recovery is presented when all theories of causation rest only on conjecture. See CONJECTURE. [Cases: Negligence 1694, 1713. C.J.S. Negligence §§ 834–841, 844, 846, 865.]
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irreparable injury rule
irreparable-injury rule (i-rep-[schwa]-r[schwa]-b[schwa]l). The principle that equitable relief (such as an injunction) is available only when no adequate legal remedy (such as monetary damages) exists. • Although this rule is one that courts continue to cite, the courts do not usu. follow it literally in practice. — Also termed adequacy test. [Cases: Injunction 14, 138.
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Rules of Decision Act
Rules of Decision Act 〈美〉《裁判规则法》 指1789年《司法法》〔Judiciary Act〕第34条。该条规定，除美国宪法、条约或制定法另有要求或规定外，联邦法院在审理和裁决州际公民间纠纷案件时，应当适用法院所在州的实体法。(→diversity jurisdiction)
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arkansas rule
Arkansas rule. Secured transactions. The principle that the collateral securing a loan is presumed to be worth at least as much as the loan’s balance, and that the creditor has the burden to prove that a sale of the collateral would not satisfy the loan amount. Norton v. National Bank of Commerce, 398 S.W.2d 538
benefit of the bargain rule
benefit-of-the-bargain rule. 1. The principle that a party who breaches a contract must pay the aggrieved party an amount that puts that person in the same financial position that would have resulted if the contract had been fully performed. [Cases: Damages 117.] 2. The principle that a defrauded buyer may recover from the seller as
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parking lot rule
parking-lot rule. The principle that workers’-compensation insurance covers the injuries suffered by an employee on the employer’s premises when the employee is arriving at or leaving work. — Also termed premises rule. [Cases: Workers’ Compensation 750. C.J.S. Workmen’s Compensation § 445.]
two witness rule
two witness rule 〈美〉双目击证人规则 １指伪证罪的成立需由两名目击证人的直接证言或者由一名目击证人的直接证言和一项旁证予以证明的规则；２指依美国宪法的规定，除非有两名目击证人对同一明显的行为作证或者被告人在公开法庭上供认，任何人不得被判定犯有叛国罪。