result&resnum 3 The Library of Congress , page 113 W. W. Norton & Company 1997 . ref The rule of law ... except for a breach of the law . Rule of law stands in contrast to the idea that the sovereign ... said, Law should govern . ref name ari One way to be free from the rule of law is by denying that an enactment has the necessary attributes of law. The rule of law has therefore been described as an exceedingly elusive notion ref Cite book last Tamanaha first Brian Z. title On the Rule of Law ... of understandings . Sfn Tamanaha 2004 p 9 At least two principal conceptions of the rule of law ... of law. Formalist definitions of the rule of law do not make a judgment about the justness of law ... with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. ref Cite journal last Craig first Paul P. title Formal and substantive conceptions of the rule of law an analytical ... the expression the rule of law in modern times is usually given to A. V. Dicey , ref name Wormuth ref Lord Bingham Bingham, Thomas . The Rule of Law , page 3 Penguin 2010 . ref development of the legal ... lawe506 documents lawe506davidclarke.pdf The many meanings of the rule of law in Kanishka Jayasuriya ... and serving the laws. ref name Clarke In other words, Aristotle advocated the rule of law blockquote ... the 3rd century BC argued for using law as a tool of governance, but they promoted rule by law as opposed to rule of law , meaning that they placed the highest officials above the law. ref Xiangming ... Ideas Rule of Virtue and Rule by Law , The Culture Mandala Bulletin of the Centre for East West Cultural and Economic Studies 2002 Although Han Fei recommended that the government should rule by law .... Hence we cannot mention the rule by law proposed by Han Fei in the same breath as democracy and the rule ... books.google.com books?id qxgLcrLL IIC&dq ref Middle ages In Sharia Islamic jurisprudence rule of law ... more details
Presidential Rule of Law Initiative , or US China Rule of Law Initiative , was a project between the United States and People s Republic of China to expand bilateral cooperation in the field of law. In 1998, President Bill Clinton and President Jiang Zemin agreed to this program. The special representative for the US side was Paul Gewirtz . One project of this initiative was the American Law Library program, which was to translate hundres of books of American law into Chinese. External links Paul Gewirtz, http islandia.law.yale.edu chinalaw The 20U.S. China 20Rule 20Of 20Law 20Initiative.pdf The US China Rule of Law Initiative pdf file , William & Mary Bill of Rights Journal , Vol.11, pp.603 621 2003 . http beijing.usembassy china.org.cn lawlibrary.html Introduction to the Presidential Rule of Law Initiative Category China United States relations Category Clinton Administration initiatives R zh ... more details
The rule according to a higher law means that no written law may be enforced by the government unless ... s Encyclopedia of American Law in 13 volumes , 2nd Ed., edited by Jeffrey Lehman and Shirelle Phelps. Publisher Thomson Gale, 2004. ISBN 0787663670. ref Thus, the rule according to a higher law may ... 48 1986 51 71 ref To recognize the necessary connection between the rule of law as an ideal .... The Rule of Law in Comparative Perspectives , edited by Mortimer Sellers and Tadeusz ... language doctrine of the rule of law , traditional for the countries of common law, and the originally ... Sen, Global justice in Global Perspectives on the Rule of Law , edited by James J. Heckman , Robert ... s political leadership towards the rule of law principle. In some countries, the political leaders assert that the rule of law is a totally void concept. Therefore, they argue that any government .... These leaders argue that, as a necessary corollary to the axiom that no one is above the law, the rule ... of Constitutionalism in Brazil, The Rule of Law in Comparative Perspectives , edited by Mortimer Sellers .... ref The World Rule of Law Movement and Russian Legal Reform , edited by Francis Neate and Holly ... of Immanuel Kant Rechtsstaat Rule of lawRule of Law in Armed Conflicts Project Roerich Pact multicol ... of law.php The Rule of Law , Centre for Public Law, Faculty of Law, Cambridge Faculty of Law, University ...?story id 10849115 Economics and the Rule of Law The Economist 2008 03 13 . http etext.lib.virginia.edu ... legal Law rules , still produces results which many observers find unfair or unjust. ref Mortimer Sellers M.N.S. Sellers , Republican Legal Theory The History, Constitution and Purposes of Law in a Free State , Basingstoke, 2004 ref Higher law can be interpreted in this context as the divine law divine or natural law or basic legal values, established in the international law , the choice depending on the viewpoint. But this is definitely a Law above the law. ref Edward S. Corwin, The Higher Law ... more details
The Rule of Law , Orinats Erkir is a centrist political party in Armenia , led by Artur Baghdasarian . It is the fourth largest party in the Armenian National Assembly . In the Armenian parliamentary election, 2007 2007 Armenian parliamentary elections , it only obtained 9 seats in parliament, in contrast to 19 seats in the Armenian parliamentary election, 2003 2003 elections . In the Armenian presidential election, 2008 February 2008 presidential election , Baghdasarian was the party s candidate he placed third with 17.7 of the vote according to final official results. ref http www.defacto.am index.php?OP 71396441 RA CEC DECLARED SERGE SARGSIAN ARMENIA S PRESIDENT , defacto.am, 25 February 2008. ref Rule of Law political party is part of the newly formed ruling coalition. References reflist External links http www.oek.am Rule of Law Party official site Armenian political parties Armenia stub Category Political parties in Armenia ca Govern de la Llei Arm nia it Norma di Legge ru ... more details
In law , the Golden rule , or British rule , is a form of statutory interpretation that allows a judge to depart from a word s normal meaning in order to avoid an wikt absurd absurd result. Circumstances of use It is not a compromise between the Plain Meaning Rule plain meaning or literal rule and the mischief rule in strict sense of the term. Like the plain meaning rule , it gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature s intention, the judge can depart from this meaning. In the case of homograph s, where a word can have more than one meaning, the judge can choose the preferred meaning if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. Basis The rule is usually based on part of Becke v Smith 1836 2 M&W 195 per Parke B who became Lord Wensleydale Fact date December 2007 , which states blockquote It is a very useful rule in the construction of a statute to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which case the language may be varied or modified so as to avoid such inconvenience but no further ... Worked examples This rule may be used in two ways. It is applied most frequently in a narrow sense ... saying Do not use Elevator lifts in case of fire. Under the Literal rule literal interpretation ... using the lifts only if there is currently a fire nearby. The second use of the golden rule is in a wider ... 1935 Ch 89 the court held that no one should profit from a crime, and so used the Golden rule to prevent ... to rule on who then inherited the estate, the mother s family, or the son s descendants. There was never ... Kingdom Category Constitutional law Category Statutory law ... more details
multiple issues refimprove July 2010 orphan July 2010 ad date January 2011 The ABA Rule of Law Initiative was established in 2007 by the American Bar Association to consolidate its five overseas rule of law programs, including the Central European and Eurasian Law Initiative ABA CEELI , which was created in 1990 after the fall of the Berlin Wall. Today, the ABA Rule of Law Initiative ABA ROLI implements ... law schools in introducing new courses and practical training methods that better meet the needs of tomorrow s legal professionals. A rule of law culture is promoted through civic education campaigns ... to serve as advocates for, and protectors of, the rule of law. ABA ROLI also enhances continuing ... legal research, produces resource guides on rule of law issues, and develops and implements ... of Law Initiative is a non profit program grounded in the belief that rule of law promotion is the most ... of rule of law promotion that draws on both extensive overseas field experience and on the resources .... Sandra Day O Connor Hon. Robert Graham Rule of Law Award Each year, the ABA Rule of Law Award recognizes rule of law champion from around the world. Award recipients include Hon. Arthur Chaskalson ... and judges in Pakistan who demonstrated courage in upholding the rule of law in their country Hon. Stephen ... Aba Rule Of Law Initiative Category Non profit organizations based in the United States ... ROLI s local partners include judges, lawyers, bar associations, law schools, court administrators ... areas, including commercial and property law reform, programs are concentrated in seven focal ... increase access to legal services by establishing legal aid and law school clinics, developing public ... human rights standards and humanitarian law, as well as trains legal professionals to seek redress ... such as anonymous hotlines. Criminal law reform and anti human trafficking. These programs ... trafficking, money laundering and cybercrime, while helping to reform key criminal law legislation ... more details
The Rule of Law in Armed Conflicts Project RULAC Project is an initiative of the http www.adh geneva.ch Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the Public international law international Laws of war law of armed conflict . Overview ... camp Prisoner of war Protective sign Roerich s Pact Rule of lawRule According to Higher Law Total ... of the Universal Declaration of Human Rights DEFAULTSORT Rule Of Law In Armed Conflicts Project ... by Sovereign state states of the law applicable in armed conflicts international humanitarian law international human rights law international criminal law refugee law The project will ultimately ... is divided into three parts. The homepage offers a small description of the applicable law and addresses ... of international law to non state armed groups. The website then offers for each country ... legislation and case law , Resolution law resolutions of intergovernmental organizations , treaty ... under international humanitarian law and on the other hand, determines the applicable law. This part ... officials, journalists and more widely for any person interested by the respect of the law in war ... geneva.ch RULAC pdf What is IHL.pdf What is International Humanitarian Law? , Fact Sheet, 2004. ICRC ... law . See also div col 3 Combatant Crime against humanity Customary international law Disarmed ..., Introduction to International Criminal Law, Transnational Publishers, 2003 Cassese A., Gaeta P. and Jones ... Press, 2002. Cassese, A., International Law, Oxford University Press, UK, 2005. Cassese, A., International Criminal Law, Oxford University Press, 2nd edition, 2008. Clapham, A., http hei.unige.ch ... Law and Procedure, Cambridge University Press, 2007. De Greiff, P. ed. , The Handbook on Reparations ... of Law and Policy, Vol. 5, 2001. Feller, E., T rk, V. and Nicholson, F. eds. , Refugee Protection in International Law, UNHCR s Global Consultations on International Protection, Cambridge, University ... more details
Cleanup date December 2007 The International Network to Promote the Rule of Law INPROL is an association of practitioners established in 2007 joined together to develop the human capacity and intellectual resources required to promote the rule of law in countries transitioning from war to peace. INPROL is a project of the United States Institute of Peace USIP with facilitation support from the Center of Excellence for Stability Police Units, the Pearson Peacekeeping Centre , and the Public International Law & Policy Group . TOC About INPROL INPROL is an Internet based knowledge network that is designed to provide those serving in the field the ability to exchange information and to access relevant documents and related materials. INPROL s primary goal is to assist international rule of law ... Facilitator Scott N. Carlson, United States Institute of Peace, Rule of Law Forum Facilitator Cooperating ... of rule of law, INPROL has established relationships with cooperating organizations. An organization ... to promote and set standards for upholding human rights and the rule of law. International Bar Association ... Ohio Northern University, Pettit College of Law ONU LawRule of Law LL.M. Program External links http www.inprol.org Official site http www.opiniojuris.org posts 1176334042.shtml Professionalizing the Rule of Law Consultants , OpinioJuris.org http www.judicialmonitor.org current sectorassessment.html ... President, International Human Rights Law Institute James Dobbins Special Envoy for Somalia, Haiti ... Norton Moore Professor, University of Virginia School of Law Director, Center for Oceans Law and Policy ... from different sources. The Center is chartered by law and has been active since May 1995 ... of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout ... and law societies spanning all continents. It has considerable expertise in providing assistance to the global ... more details
last John ref , prosecutor s and judge s hence focusing on issues on the rule of law , including democratic ... Union state uncollapsed Use dmy dates date October 2010 DEFAULTSORT European Union Rule Of Law Mission ... hu EULEX ja ru EULEX sq EULEX simple European Union Rule of Law Mission in Kosovo ...update date November 2010 Image EULEX logo.png frame The logo of the mission The European Union Rule of Law Mission in Kosovo , EULEX Kosovo , is a deployment of European Union EU police and civilian resources to Kosovo . This Common Security and Defence Policy mission is the international civil presence in Kosovo operating under the umbrella of the United Nations Interim Administration Mission in Kosovo UNMIK established by United Nations Security Council Resolution 1244 . Serbia and a number of countries had initially strictly objected to the mission and supported UNMIK, demanding approval by the United Nations Security Council , which was rendered in late 2008. Citation needed date March 2011 After signing a 5 point plan between Serbia and the UN, the UN SC approved the addition of the EULEX as an assistance mission subjected to the UNMIK, rather than outright replacing it, which would be technical in essence and not address the Kosovo status process Kosovo status question , also rejected the Ahtisaari plan which the EULEX had originally supported. The mission includes around 3,200 police and judicial personnel 1,950 international, 1,250 local ref Eulex website http www.eulex kosovo.eu en info whatisEulex.php What is Eulex? Retrieved 20 February 2010 ref , and began a four month deployment process on 16 February 2008. ref name autogenerated2 cite web url http www.euractiv.com en enlargement serbia russia fury kosovo independence draws near article 170333 title Serbia, Russia fury as Kosovo independence draws near & 124 EU European Information on Enlargement & Neighbours publisher ... Security Council Resolution 1244 , which introduced the international rule of Kosovo in 1999 ... more details
Infobox UK Legislation short title Law Reform Year and a Day Rule Act 1996 parliament Parliament of the United Kingdom long title An Act to abolish the year and a day rule and, in consequence of its abolition, to impose a restriction on the institution in certain circumstances of proceedings for a fatal offence. statute book chapter 1996 c.19 introduced by territorial extent England and Wales br Northern Ireland royal assent 17 June 1996 commencement 17 June 1996 all provisions bar Section 2 br 17 August 1996 Section 2 repeal date amendments related legislation repealing legislation status Current original text http www.opsi.gov.uk acts acts1996 ukpga 19960019 en 1 activeTextDocId 1387766 legislation history The Law Reform Year and a Day Rule Act 1996 is a short Act of Parliament which abolished the year and a day rule in English law . The year and a day rule was an ancient rule of the common law which created a conclusive presumption that a death was not murder or any other form of homicide if it occurred more than a year and a day since the act or omission that was alleged to have been its cause. The precise scope of the rule was unclear. As Lord Dormand said on second reading in the House of Lords , it certainly applies to murder, manslaughter, infanticide and aiding and abetting suicide. It may also apply to motoring offences in which death is an element causing death by dangerous driving causing death by reckless driving while under the influence of drink or drugs and aggravated vehicle taking causing death. ref cite hansard url http www.parliament.the stationery office.co.uk pa ld199596 ldhansrd vo960424 text 60424 08.htm house House of Lords date 24 April 1996 column 1228 ref The Act has only three sections. Section 1 simply says The rule known as the year and a day rule that is, the rule that, for the purposes of offences involving death and of suicide, an act ... on 17 June 1996, and the abolition of the year and a day rule came into effect for acts or omissions ... more details
Rule of inference or transformation rule, a term in logic for a function which takes premises and returns a conclusion Rule X elementary cellular automaton , where X is a number between 0 255 characterizing a specific model e.g. Rule 110 Ruler , or rule a distance measuring device Law and government Procedural law , a ruleset governing the application of laws to cases A law , which may informally be called a rule A court order , a decision by a court Military rule , governance by a military body Monastic rule , a collection of precepts that guides the life of monks or nuns in a religious order Rule of law , a government that is not ruled by a person but by laws, as in a constitutional republic no one person can rule and even top government officials are ruled by the law Ruler, see monarch ...For rules used in Wikipedia, see Wikipedia Policies and guidelines . wiktionarypar rule ruler ruling Rule , ruler , ruling usually refers to standards for activities. They may refer to TOC right Human activity Business rule , a rule pertaining to the structure or behavior internal to an organization Game Rules Game rules , rules that define how a game is played Moral , a rule or element of a moral ... or believe Regulation of sport , rules for a sport Rule of thumb , a principle with broad application that is not intended to be strictly accurate or reliable for every situation Unspoken rule , an assumed rule of human behavior that is not voiced or written down Science Norm sociology , a term ... , a bestselling self help book Entertainment Ja Rule , a hip hop artist R.U.L.E. , a 2005 greatest hits album by Ja RuleRule song , a song by rapper Nas Rules album , an album by the band The Whitest Boy Alive Rules song , a KMFDM song Rules Pyaar Ka Superhit Formula , a 2003 Bollywood film Rule Sparkle , a song by Ayumi Hamasaki The Rule , an American pop R&B band The Rule album , self titled album by The Rule Other uses Rule horse , American racehorse Rule, Texas , a town in Texas, United ... more details
otheruses Infobox Musical artist Name The Rule Img RyanLiestman.png Img capt Img size Background group or band Birth name Alias Born Died Origin Minnesota , United States Instrument Genre pop music pop , Rhythm and blues R&B , reggae Occupation Years active Label R, R, & R Records Associated acts URL http therulemusic.com therulemusic.com Current members Ryan Liestman br Jeff Love br Shawn Connelly Past members Gregory Washington Notable instruments The Rule formerly Ry and the Rule is an United States American pop music pop rhythm and blues R&B band music band , led by Ryan Liestman keyboardist for the Jonas Brothers ref cite web title Let s Go On Tour url http greggarbo.blogspot.com accessdate 2008 02 13 ref . The group released its first album, the self titled The Rule album The Rule in the summer of 2006, under the indie music indie label R, R, & R Records . Michael Bland , Tommy Barbarella , and Stokley Williams have also performed with The Rule. ref cite web title The Rule url http therulemusic.com Ryan.htm accessdate 2006 10 23 ref In the autumn fall of 2006, The Rule toured the United States with United States American , Grammy Award winning singer Cyndi Lauper . ref cite web title Cyndi Lauper url http www.cyndilauper.com blog accessdate 2006 10 20 Dead link date October 2010 bot H3llBot ref Discography Albums The Rule album The Rule 2006 Additional images gallery Image The Rule.png The Rule in concert in the summer of 2006. gallery References reflist first grad second grade third grade External links http therulemusic.com Official site MySpace therulemusic Last.fm The Rule http video.google.com videoplay?docid 2926044083888480250 Earthquake Music Video http video.google.com videoplay?docid 7514799228967482019 Commercial for 2006 Cyndia Lauper Tour special guest, The Rule DEFAULTSORT Rule Category 2000s music groups Category American rhythm and blues musical groups Category Musical groups from Minnesota es The Rule US band stub ... more details
Infobox Album See Wikipedia WikiProject Albums Name R.U.L.E. Type Album Artist Ja Rule Cover Rulealbumcover.jpg Released November 9, 2004 Recorded 2003 2004 Genre Hip hop , R&B Length 71 30 Label The Inc. Def Jam Producer Irv Gotti , Cool & Dre , Chink Santana , Jimi Kendrix Reviews Allmusic Rating 2.5 5 Allmusic class album id r717757 pure url yes link Entertainment Weekly C http www.ew.com ew article 0,,784901,00.html link HipHopDX.com Rating 4 5 http www.hiphopdx.com index reviews id.489 title.ja rule r u l e link RapReviews.com Rating 7 10 http www.rapreviews.com archive 2004 11 rule.html link ... album Blood in My Eye br 2003 This album R.U.L.E. br 2004 Next album The Renaissance Project br 2011 R.U.L.E. is the sixth studio album by rapper Ja Rule , released November 9, 2004. ref http www.amazon.com R U L E Ja Rule dp B00064X2QY ref It debuted at 7 on the Billboard 200, moving about 165,000 ... goldandplatinumdata.php?resultpage 1&table SEARCH RESULTS&action &title R.U.L.E.&artist &format ... rappers. It spawned the top 10 song Wonderful Ja Rule song Wonderful featuring R. Kelly and Ashanti singer Ashanti the top 20 song New York Ja Rule song New York featuring Jadakiss and Fat ... Eye . Since the release of R.U.L.E. , Ja Rule has taken a long hiatus from recording solo albums however ... Santana length2 4 24 title3 Wonderful Ja Rule song Wonderful note3 feat. R. Kelly & Ashanti singer ... 4 26 title5 New York Ja Rule song New York note5 feat. Fat Joe & Jadakiss extra5 sup Cool & Dre ... Kendrix length8 4 00 title9 R.U.L.E. note9 extra9 sup Jimi Kendrix length9 3 37 title10 True Story Skit note10 extra10 sup length10 0 30 title11 Caught Up Ja Rule song Caught Up note11 feat. Lloyd singer ... 44 align left French Albums Chart align center 116 References Reflist Ja Rule Category 2004 albums ... by Cool & Dre Category Ja Rule albums Category Def Jam Recordings albums 2000s eastcoast hiphop album stub es R.U.L.E. it R.U.L.E. pt R.U.L.E. ... more details
A central part of H.L.A. Hart s theory on legal positivism , in any legal system, the rule of recognition is a master meta rule underlying any legal system that defines the common identifying test for legal validity or what counts as law within that system. He thus articulates its application cquote2 ...to say that a given rule is valid is to recognize it as passing all the tests provided by the rule of recognition and so as a rule of the system. We can indeed simply say that the statement that a particular rule is valid means that it satisfies all the criteria provided by the rule of recognition. H. L. A. Hart In Hart s view, the rule of recognition arises out of a convention among officials whereby they accept the rule s criteria as standards that empower and govern their actions as officials. http www.iep.utm.edu l law phil.htm SSH1b.i The rule is cognizable from the social practices of officials acknowledging the rule as a legitimate standard of behavior, exerting social pressure on one another to conform to it, and generally satisfying the rule s requirements. To this end, as explained by Hart, the rule has three functions To establish a test for valid law in the applicable legal system, To confer validity to everything else in the applicable legal system, and To unify the laws in the applicable legal system. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were what Professor Arunn says is law , then any rule that Professor Arunn spoke would be a valid legal rule. It follows that the Rule of Recognition is but a factual acknowledgement of what is indeed law as per the classic illustration ... has been made law in accordance with proper parliamentary procedure shall, in accordance with the Rule of Recognition, render it valid law. Again, this is primarily based on the fact of its existence in such manner. References references Category Philosophy of lawLaw stub pl Regu a uznania ... more details
globalize USA date December 2010 The boulevard rule is a principle in United States traffic law which states that the driver of a vehicle entering a highway from a smaller road or entrance called the unfavored driver must stop and yield the Right of way traffic right of way to all oncoming highway traffic the favored drivers . ref Black s Law Dictionary , 7th ed. 1999 ref The rule often comes into play in road accident cases, when a court must determine if a driver is Negligence negligent in causing a collision, due to his breach of the duty of care imposed by the rule on the unfavored driver. Maryland ref Md. Transportation Code 21 403 ref is among the U.S. state s which follow this rule, but not all states have similar provisions in statute s or case law . New York ref N.Y. Vehicle & Traffic Code 1143 ref applies the rule to traffic entering public roads from private driveways or alleys, but not where public roads intersect. References Reflist External links http www.sslawfirm.com nas vol 47.htm Analysis of the boulevard rule in Maryland and District of Columbia Traffic law DEFAULTSORT Boulevard Rule Category Traffic law Category Legal doctrines and principles Law term stub ... more details
The tower rule may refer to one of two rules in mathematics Law of total expectation , in probability and stochastic theory a rule governing the Degree of a field extension The multiplicitivity formula for degrees degree of a field extension of a field extension in field theory disambig ... more details
The fireman s rule firefighter s rule also known as the professional rescuers rule is a common law or statute statutory restriction on tort actions by public safety officials. In general, the fireman s rule bars lawsuits by police officers , firefighters , and in some jurisdictions all professional rescuers from collecting on damages that occur in the course of their duties even in cases of clear negligence by other parties. Rationale At the most basic, the fireman s rule is based on the notion that public safety officers willingly assume the risks inherent in their duties. Since very purpose of public safety officers is to confront danger, the public is not liable for injuries incurred while carrying out that function. While the rule is named after the risks and actions by firemen, the relationship between danger and duties is similar in all public safety officers, and other professional rescuers. Criticism The fireman s rule has been heavily criticized for preventing police officer s from suing criminals who intentionally lead them on high speed car chase s. In response to one such case, the California State Legislature enacted California Civil Code Section 1714.9 in 1982, which overrides the fireman s rule where the tortious conduct occurred after the defendant knew or should have known of the plaintiff s presence. Implementation Category Common law rules Law stub ... more details
refimprove date September 2008 Within the context of law, the mischief rule ref http legal directory.net english law interpretation mischief rule.htm ref is a rule of statutory interpretation that attempts ... rule of construction is of narrower application than the golden rulelaw golden rule or the plain meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law. Legislative intent is determined by examining secondary sources, such as committee reports, treatises, law review articles and corresponding statutes. This rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied. In Smith v Hughes the mischief approach gave a more sensible outcome than that of the literal approach. Advantages The Law Commission sees it as a far more satisfactory way .... The rule can make the law uncertain, susceptible to the slippery slope . References references ... to remedy, and what ruling would effectively implement this remedy. Meaning The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament s intention ... was the mischief that the previous law did not cover? This was set out in Heydon s Case 1584 3 CO REP ... points to be taken into consideration when interpreting a statute What was the common law before the making of the act? What was the mischief and defect for which the common law did not provide? What ... is the true reason of the remedy? The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament s intent. It can be argued that this undermines Parliament s supremacy and is undemocratic as it takes law making decisions away from the legislature. The rule was illustrated in the case of Smith v Hughes 1960 .... The judge applied the mischief rule to come to the conclusion that they were guilty as the intention ... more details
In the field of law and economics , the English rule capitalized as English Rule in some jurisdictions is a rule controlling assessment of attorneys fees arising out of litigation . The English rule provides that the party who loses in court pays the other party s attorney s fees. The English rule contrasts with the American rule , under which each party is generally responsible to pay its own attorneys fees, unless a statute or contract provides for that assessment. The rationale for the English rule is that a litigant whether bringing a claim or defending a claim is entitled to legal representation and, if successful, should not be left out of pocket by reason of his own legal fees. It should be borne in mind that in virtually all English civil litigation damages are merely compensatory. Nearly every Western democracy, other than the United States, follows the English rule, which requires the loser of a civil suit to compensate the winner for his or her attorney s fees ref http www.pointoflaw.com loserpays overview.php Loser Pays Walter Olson , pointoflaw.com, accessed March 10, 2011 ref . United States jurisdictions In the United States the American rule is generally followed, each party bearing its own expense of litigation. Adaption of the English rule as an aspect of tort reform was considered in Texas during the 2011 legislative session. Texas governor Rick Perry called in his state of the state address for a one way version of the English rule which would apply only to those who initiate a suit, the plaintiff. ref cite news title Texas May Consider a Bill Forcing Losers in a Suit to Pay Opponents Legal Fees first Morgan last Smith url http www.nytimes.com 2011 03 11 us 11ttloser.html newspaper The New York Times date March 10, 2011 accessdate March 10, 2011 ref References reflist Black s Law Dictionary 8th Ed. 2004 . External links Walter Olson , http www.pointoflaw.com loserpays overview.php Loser Pays Category Civil law UK law stub econ stub ... more details
In the field of law and economics , the American rule capitalized as American Rule in some jurisdictions is a rule controlling assessment of attorneys fees arising out of litigation . The American rule provides that each party is responsible for paying its own attorney s fees, ref Alyeska Pipeline Service Co. v. Wilderness Society , ussc 421 240 1975 . ref unless specific authority granted by statute or contract allows the assessment of those fees against the other party. Under the American rule every party &mdash even the party prevailing &mdash must pay its own attorneys fees . The American rule contrasts with the English rule , under which the losing party pays the prevailing party s attorneys fees. Exceptions The American rule is merely a default rule, not the blanket rule in the United States. Numerous statutes at both the federal and state levels allow the winner to recover reasonable attorney s fees, and there are two major exceptions in federal case law as well. ref Henry Cohen, Awards of Attorneys Fees by Federal Courts and Federal Agencies, in Awards of Attorneys Fees by Federal Courts, Federal Agencies and Selected Foreign Findings, ed. Mary V. Capisio, 1 134 Hauppauge, NY Nova Science Publishers, 2003 , 1 3. ref Many states also have exceptions to the American rule in both statutes and case law. For example, in California , the California Consumers Legal Remedies Act Consumers Legal Remedies Act allows plaintiffs to recover attorney s fees, ref See http codes.lp.findlaw.com cacode CIV 5 d3 4 1.5 4 s1780 California Civil Code Section 1780 e . ref and in insurance bad faith cases, a policyholder may be able to recover attorney s fees as a separate component of damages ... . ref Rationale The rationale for the American rule is that people should not be discouraged from seeking redress for perceived wrongs in court or from trying to extend coverage of the law. The rationale ... def a107.htm LectLaw Definition Category Civil lawlaw term stub econ stub ... more details
Warof1812 Origins The Rule of 1756 or Rule of the War of 1756 ref http www.americanforeignrelations.com A D Armed Neutralities International maritime law in the eighteenth century.html Armed Neutralities International maritime law in the eighteenth century ref was a policy of the Kingdom of Great Britain , and later the United Kingdom of Great Britain and Ireland that was promulgated during the Seven Years War . It ruled that Britain would not trade with Neutral country neutral nations who were also trading with the enemy. It also ruled that Britain would not open trade with any nation during wartime. The rationale behind this rule was that the neutral nation was aiding the enemy. The rule was one of the causes of the War of 1812 . British warships had captured United States American Seaman seamen &mdash both civilians and United States Navy U.S. Navy sailor s &mdash to serve in the Royal Navy a process known as impressment . Although America repeatedly asserted its neutrality in the Napoleonic Wars , Britain applied its Rule of 1756 and deemed America to be siding with First French Empire France and thus a belligerent . External links http specialcollections.wichita.edu collections ms 82 04 82 4 A.HTML Papers Relating to the British Seizure of American Ships, 1793 1801 http www.napoleon series.org research government france decrees c decrees1.html France Decrees on Trade 1793 1810 References references DEFAULTSORT Rule Of 1756 Category Seven Years War Category Legislation of the War of 1812 ... more details
about the legal term the 2004 novel The Rule of Four The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari . ref name intact Denniston, Lyle. http www.law.yale.edu documents pdf Clinics Lyle Denniston.pdf Is the Rule of Four Fully Intact? , Yale Law School Panel Discussion 2009 . ref This is done specifically to prevent a majority of the Court from controlling the Court s Docket court docket . However, in practice, it may be that a Rule of Five is often used at the behest of four justices who would rather not hear the case than lose it . ref name intact The rule of four is not required by the United States Constitution Constitution , any law, or even the Supreme Court s own published rules. ref http www.supremecourtus.gov ctrules ctrules.html ref Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891 , Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988. References references Category Supreme Court of the United States Category Numeric epithets 4 US law stub ... more details
Military rule may mean Militarism or militarist ideology the ideology of government as best served when under military control Military occupation , when a country or area is occupied after invasion. List of military occupations Martial law , where military authority takes over normal administration of law Police state , where people s lives are subject to constant and often covert police surveillance Military law , the legal system applying to members of the armed forces Military dictatorship , a form of government where political power resides with the military Military junta khakistocracy , where the military regime colludes with the elite and industrial classes for perpetuating their rule Military tribunal Military rule may also be When a military applies a court martial and Nonjudicial punishment non judicial punishment When specific laws are applied in a military context as in the United States Uniform Code of Military Justice by the Judge Advocate General s Corps JAG disambig Category Military lawRule Category Military sociology ... more details
Unreferenced date October 2010 The shelter rule is a doctrine in the common law of Property law property under which a grantee who has received an interest in property from a bona fide purchaser will also be protected as a bona fide purchaser, even if the grantee would not legally qualify for this status. The grantee is sheltered from other claims by the grantor s status as an actual bona fide purchaser. This rule comes into play in situations under a number of circumstances. For example, where a bad actor agrees to convey the same real property to multiple other parties. For example, if Oscar conveys Blackacre by deed to Andrew on Monday before Andrew records the conveyance, Oscar conveys Blackacre to Bob, who is a bona fide purchaser and who is unaware of Oscar s previous conveyance of the same property. Bob then conveys Blackacre to Charles, but before the conveyance, Andrew notifies Charles of the deed conveyed from Oscar to Andrew. Since Charles has notice of the prior conveyance, Charles does not qualify to be a bona fide purchaser. However, under the shelter rule, Charles will receive the same treatment as Bob, and will prevail over Andrew in a legal contest over the ownership Blackacre. The rule has several purposes. One is to allow a bona fide purchaser, who is entitled to hold and enjoy the property, to have a congruent entitlement to sell that property. Another is to prevent the use of the property from being held up in litigation. There are two exceptions to the shelter rule Where the property is reconveyed by the good faith purchaser to an original grantor who had ... rule also applies to the transfer of negotiable instrument s. If the recipient of a negotiable interest is a donee that is, a person who receives by Gift law gift , that person would generally not have ... of the same instrument, the shelter rule gives the donee the right to recover on the instrument. Category Property lawlaw stub ... more details
Refimprove date December 2009 Wills, trusts, estates The slayer rule , in the common law of inheritance , is a doctrine that prohibits inheritance by a person who murder s someone from whom he or she stands to inherit. The effect of the slaying was that the slayer would be treated as though he or she had died before the person who had been murdered. Clarify post text Is this part of the common law slayer rule, or is it exclusive to jurisdictions with slayer statutes? date December 2009 Citation needed date December 2009 While convicting someone of the crime of murder requires proof beyond a reasonable doubt , the slayer rule applies to civil law, not criminal law, so it is only necessary to prove the wrongful killing by a preponderance of the evidence law evidence , as in a wrongful death claim . This mean that even a slayer who is acquitted of the murder in criminal court can still be divested of the inheritance by the civil court administering the estate. In the United States , most jurisdictions have enacted a slayer statute , which codifies the rule and supplies additional conditions. Maryland Slayer Rule The Maryland Slayer Rule is harsher than most other states. In addition to prohibiting murderers from inheriting from their victims, Maryland s slayer rule prohibits anyone else from inheriting from murder victims through their murderers. ref http www.loislaw.com ogpc login.htp?WSRet 12&dockey 16830391 MDCASE&OLDURL gpc index.htp&OLDREFURL http 3A news.google.ca archivesearch 3Fq 3Dmaryland 2B 2522slayer 2Brule 2522 2Bintestacy 26btnG 3DSearch 26um 3D1 26ned 3Dca 26hl 3Den 26scoring 3Da COOK v. GRIERSON, 380 Md. 502 2004 ref Example A mother leaves her son 50,000, and leaves ... Reflist DEFAULTSORT Slayer Rule Category Wills and trusts Law stub ... is left of the estate to her daughter. If the son kills his mother, then under Maryland law, the son ... through his father , is not available under Maryland law to either the son, or his child ... more details
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