Search Results for: RULE, THE

calandra rule

Calandra rule (k[schwa]-lan-dr[schwa]). The doctrine that a grand-jury witness may be compelled to answer questions about certain items, even though the items were obtained by the police illegally. United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974). [Cases: Grand Jury 36.]

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apex rule

apex rule 〈美〉(矿产法)脉顶规则 在公有土地上已确定矿区的采矿人,有权利跟踪开采其脉顶在其矿区边界内——包括在其地表或其垂直平面深处内——的任何矿脉。如其矿脉斜向延伸,超越矿区边界的垂直平面,亦仍有继续跟踪开采的权利;但最终应不得超越脉线的末端或其末端所至的垂直平面。

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rule of merger

rule of merger 吸收规则 防止犯罪人因同一罪行受到双重追诉的一项刑法规则。依该规则,一项较轻的罪行被一项较严重的罪行吸收。这样,既不可以两项罪行对被告人定罪,且如果其已就一项罪行被宣告开释,也不可依另一项罪行对其再行审判。

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home rule

home rule. A state legislative provision or action allocating a measure of autonomy to a local government, conditional on its acceptance of certain terms. Cf. LOCAL OPTION. [Cases: Municipal Corporations 65. C.J.S. Municipal Corporations §§ 122, 140–141, 143.] “Home rule in the United States was sometimes envisioned in its early days as giving the cities

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fellow servant rule

fellow-servant rule. A common-law doctrine holding that an employer is not liable for an employee’s injuries caused by a negligent coworker. • This doctrine has generally been abrogated by workers’-compensation statutes. In some jurisdictions, employees were considered fellow servants when they were working with one aim or result in view. In others, the relation of

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