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rule 1. Generally, an established and authoritative standard or principle; a general norm mandating or guiding conduct or action in a given type of situation.

rule 1. To command or require; to exert control <the dictator ruled the country>. 2. To decide a legal point <the court ruled on the issue of admissibility>.

Rule 116 amendment See amendment after final action.

rule against perpetuities (sometimes cap.). Property. The common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created. The purpose of the rule was to limit the time that title to property could be suspended out of commerce because there was no owner who had title to the property and who could sell it or exercise other aspects of ownership. If the terms of the contract or gift exceeded the time limits of the rule, the gift or transaction was void. See MEASURING LIFE. Cf. ACCUMULATIONS, RULE AGAINST. "The true form of the Rule against Perpetuities is believed to be this: ..... NO INTEREST SUBJECT TO A CONDITION PRECEDENT IS GOOD, UNLESS THE CONOITION MUST BE FULFILLED, IF AT ALL, WITHIN TWENTY-ONE YEARS AFTER 50 ..E liFE IN BEING AT THE CREATION OF THE INTEREST. John Chipman Gray, The Rule Against Perpetuities 144 (1886). Another scholar who spent a substantial part of an academic lifetime attempting to bring order and add sense to the rule [against perpetuities], W. Barton leach, described the rule as a technicality-ridden legal nightmare and a dangerous instrumentality in the hands of most members of the bar. Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 178 (2d ed. 1984) (quoting leach, Perpetuities Legislation, Massachusetts Style, 67 Harv. l. Rev. 1349 (1954). The Rule Against Perpetuities is a rule against remoteness of vesting. A contingent future interest is invalid under the orthodox rule if, at the time of the creation of the interest, the circumstances are such that the contingency may go unresolved for too long a time. The Rule is not concerned with the duration of interests, that is, the length of time that they endure.

Rule 1.53 application See continued-prosecution application.

Rule 1.53 application See continued-prosecution application under PATENT APPLICATION.

Rule 109 statement A statement by a patent examiner of the reasons for allowing a patent claim. An examiner may file a Rule 109 statement at any time if it appears that the record does not adequately reflect the reasons for allowance. It should state how the claim differs from prior art and why that difference is nonobvious. PTO Reg. § 1.109; 37 CFR § 1.104(e). Also termed Reasons for Allowance.

Rule 10b-5 The SEC rule that prohibits deceptive or manipulative practices (such as material misrepresentations or omissions) in the buying or selling of securities. Also termed antifraud rule.

Rule 11. Civil procedure 1. In federal practice, the procedural rule requiring the attorney of record or the party (if not represented by an attorney) to sign all pleadings, motions, and other papers filed with the court and by this signing - to represent that the paper is filed in good faith after an inquiry that is reasonable under the circumstances. This rule provides for the imposition of sanctions, upon a partys or the courts own motion, ifan attorney or party violates the conditions stated in the rule. Fed. R. Civ. P. 11. 2. In Texas practice, the procedural rule requiring agreements between attorneys or parties concerning a pending suit to be in writing, signed, and filed in the courts record or made on the record in open court. Tex. R. Civ. P. 11.

Rule 116 amendment See amendment after final action under PATENT-APPLICATION AMENDMENT.

Rule 312 amendment See amendment after allowance. 312 amendment. See amendment after allowance

Rule 312 amendment See amendment after allowaNce under PATENT-APPLICATION AMENDMENT.

rule absolute See decree absolute under DECREE.

rule against accumulations See ACCUMULATIONS, RULE AGAINST.

rule against inalienability The principle that property must not be made nontransferable. Also termed rule against trusts ofperpetual duration. Cf. RULE AGAINST PERPETUITIES.

rule against trusts of perpetual duration See RULE AGAINST INALIENABILITY.

rule against vitiation of a claim element See ALL- ELEMENTS RULE.

rule day See return day (3) under DAY.

rule in Heydon s case. See MISCHIEF RULE.

Rule in Queen Carolines Case The common-law principle that a witness who is impeached with a prior inconsistent statement on cross-examination must be given the opportunity to admit, explain, repudiate, or deny it before the statement is admissible into evidence. In merican law, Federal Rule of Evidence 613 embodies this principle, with some variations. The original rule is found in Queen Carolines Case, (1820) 129 Eng. Rep. 976.

Rule in Shelley s Case The rule that if in a single grant a freehold estate is given to a person and a remainder is given to the persons heirs, the remainder belongs to the named person and not the heirs, so that the person is held to have a fee simple absolute. The rule, which dates from the 14th century but draws its name from the famous 16th-century case, has been abolished in most states. Wolfe v. Shelley, 76 Eng. Rep. 206 (K.B. 1581). "[T]he rule in Shelleys Case, the Don Quixote of the law, which, like the last knight errant of chivalry, has long survived every cause that gave it birth and now wanders aimlessly through the reports, still vigorous, but equally useless and dangerous." Stamper v. Stamper, 28 S.E. 20, 22 (N.C. 1897).

Rule in Wild s Case The rule construing a grant to "A and h5 children" as a fee tail if h8 children do not exist at the effective date of the instrument, and as a joint tenancy if Ns children do exist at the effective date. The rule has been abolished along with the fee tail in most states.

rule nisi See decree nisi under DECREE.

rule of 72 A method for determining how many years it takes to double money invested at a compound interest rate. For example, at a compound rate of 6%, it takes 12 years (72 divided by 6) for principal to double.

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 of the digits for the remaining six payments (21) by the sum of the digits for all twelve payments (78) and multiply that percentage by the total interest. Also termed rule ofthe sum of the digits.

rule of capture 1. The doctrine that if the donee of a general power of appointment manifests an intent to assume control of the property for all purposes and not just for the purpose of appointing it to someone, the donee captures the property and the property goes to the donees estate. One common way for the donee to show an intent to assume control for all purposes is to include provisions in his or her will blending the appointing property with the donees own property. 2. Property. The principle that wild animals belong to the person who captures them, regardless of whether they were originally on another persons land. 3. Water law. The rinciple that a surface landowner can extract and appropriate all the groundwater beneath the land by drilling or pumping, even if doing so drains away groundwaters to the point of drying up springs and wells from which other landowners benefit. This doctrine has been widely abolished or limited by legislation. 4. Oil & gas. A fundamental principle of oil-and-gas law holding that there is no liability for drainage of oil and gas from under the lands of another so long as there has been no trespass and all relevant statutes and regulations have been observed. - Also termed doctrine of capture; law of capture. Cf. AD COELUM DOCTRINE.

rule of completeness See RULE OF OPTIONAL COMPLETENESS.

rule of construction See canon of construction under CANON (1).

rule of court A rule governing the practice or procedure in a given court <federal rules of court>. See LOCAL RULE.

rule of decision A rule, statute, body of law, or prior decision that provides the basis for deciding or adjudicating a case.

rule of doubt 1. The doctrine that unreadable or incomprehensible identifying material deposited with the U.S. Copyright Office may not be protected under copyright law because it cannot easily be examined to determine whether it qualifies. This rule usu. applies to computer object code. Unlike a Certificate of Registration, a filing under the rule of doubt is not prima facie evidence of a valid copyright. 2. Patents. An abandoned judicial doctrine holding that when there is doubt whether an invention is patentable, the patent should be issued so that the inventor can test its validity in court.

rule of evidence See EVIDENCE (4).

rule of four The convention that for certiorari to be granted by the U.S. Supreme Court, four justices must vote in favor of the grant. See CERTIORARI.

rule of inconvenience The principle of statutory interpretation holding that a court should not construe a statute in a way that will jeopardize an important public interest or produce a serious hardship for anyone, unless that interpretation is unavoidable. Often shortened to inconvenience.

rule of interpretation See canon ofconstruction under CANON (1).

rule of justice A jurisprudential principle that determines the sphere of individual liberty in the pursuit of individual welfare, so as to confine that liberty within limits that are consistent with the general welfare of humankind.

rule of law 1. A substantive legal principle <under the rule of law known as respondeat superior, the employer is answerable for all wrongs committed by an employee in the course of the employment>. 2. The supremacy of regular as opposed to arbitrary power <citizens must respect the rule of law>. - Also termed supremacy of law. 3. The doctrine that every person is subject to the ordinary law within the jurisdiction <all persons within the United States are within the American rule of law>. 4. The doctrine that general constitutional principles are the result of judicial decisions determining the rights of private individuals in the courts <under the rule of law, Supreme Court caselaw makes up the bulk of what we call "constitutionallaw">. 5. Loosely, a legal ruling; a ruling on a point of law <the ratio decidendi of a case is any rule of law reached by the judge as a necessary step in the decision>.

rule of lenity (len-a-tee). The judicial doctrine holding that a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment. Also termed lenity rule.

rule of marshaling assets An equitable doctrine that requires a senior creditor, having two or more funds to satisfy its debt, to first dispose of the fund not available to a junior creditor. - It prevents the inequity that would result if the senior creditor could choose to satisfy its debt out of the only fund available to the junior creditor and thereby exclude the junior creditor from any satisfaction. Also termed marshaling doctrine; rule of marshaling securities; rule of marshaling remedies.

rule of marshaling liens See INVERSE-ORDER-OF-ALIENATION DOCTRINE.

rule of marshaling remedies See RULE OF MARSHALING ASSETS.

rule of marshaling securities See RULE OF MARSHALINGASSETS.

rule of necessity A rule requiring a judge or other official to hear a case, despite bias or conflict of interest, when disqualification would result in the lack ofany competent court or tribunaL - Often shortened to necessity.

rule of operation A method of using a machine to produce its intended useful result. - A rule of operation and moving parts generally distinguish a machine from an article of manufacture.

rule of optional completeness The evidentiary rule providing that when a party introduces part of a writing or an utterance at trial, the opposing party may require that the remainder of the passage be read to establish the full context. The rule has limitations: first, no utterance can be received if it is irrelevant, and second, the remainder of the utterance must explain the first part. In many jurisdictions, the rule applies to conversations, to an opponents admissions, to confessions, and to all other types of writings - even account books. But the Federal Rules of Evidence limit the rule to writings and recorded statements. Fed. R. Evid. 106. In most jurisdictions, including federal, the remainder is admissible unless its admission would be unfair or misleading. Also termed rule of completeness; doctrine ofcompleteness; doctrine ofoptional completeness; completeness doctrine; optional-completeness rule; optional-completeness doctrine.

rule of order See RULE (3).

rule of rank A doctrine of statutorv 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. According to Blackstone, this statute is held not to extend to bishops, even though they have spiritual promotion, because deans are the highest persons named, and bishops are of a higher order. Cf. EJUSDEM GENERIS; EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS; NOSCITUR A SOCIIS.

rule of reason The judicial doctrine holding that a trade practice violates t he Sherman Act only if the practice is an unreasonable restraint of trade, based on the totality of economic circumstances. See SHERMAN ANTITRUST ACT; RESTRAINT OF TRADE. Cf. PER SE RULE.

rule of recognition In the legal theory of H.L.A. Hart, a legal systems fundamental rule, by which all other rules are identified and understood. In The Concept of Law (1961), Hart contends that a societys legal system is centered on rules. There are primary rules of obligation, which prescribe how a person should act in Society, and secondary rules, by which the primary rules are created, identified, changed, and understood. A "rule of recognition" is a secondary rule, and serves to instruct citizens on when a pronouncement or societal principle constitutes a rule of obligation. Sometimes shortened to recognition. Cf. RULES OF CHANGE; basic norm under NORM. This rule [the rule of recognition] may amount to no more than specifying a list of primary rules carved on a public monument. Or it may actually be a complete set of rules ...." Martin P. Golding, Philosophy of Law 44 1975).

rule of right The source of a right; the rule that gives rise to a right.

rule of the floating subtrahend The common-law doctrine that a plaintiff whose damage was not caused entirely by the defendant must prove the amount of damage that is not attributable to the defendant (the subtrahend) or else recover nothing. The reasoning behind the rule is that damage is an essential element ofa tort claim, and the plaintiffhas the burden of proof. If proved, the subtrahend is subtracted from the total damage to determine the plaintiffs recovery.

rule of the last antecedent An interpretative principle by which a court determines that qualifying words or phrases modify the words or phrases immediately preceding them and not words or phrases more remote, unless the extension is necessary from the context or the spirit of the entire writing. For example, an application of this rule might mean that, in the phrase Texas courts, New Mexico courts, and New York courts in the federal system, the words in the federal system might be held to modify only New York courts and not Texas courts or New Mexico courts. - Also termed doctrine of the last antecedent; doctrine of the last preceding antecedent.

rule of the shorter term A provision of the Universal Copyright Convention stating that no member country is required to extend a longer term of protection than the work receives in the country where it is first published. Also termed shorter-term rule.

rule of the sum of the digits See RULE OF 78.

rule of universal inheritance See UNIVERSAL-INHERITANCE RULE.

rule to show cause 1. See SHOW-CAUSE PROCEEDING. 2. See show-cause order under ORDER (2).

rule, the An evidentiary and procedural rule by which all witnesses are excluded from the courtroom while another witness is testifying <invoking "the rule">. The phrase "the rule" is used chiefly in the American South and Southwest, but it is a common practice to exclude witnesses before they testify.

rulemaking The process used by an administrative agency to formulate, amend, or repeal a rule or regulation. - Also termed administrative rulemaking. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL AGENCY ACTION. - rulemaking, ad}.

rules committee A committee charged with drafting rules and an agenda for the orderly conduct of a deliberative assembly's business, particularly that of a legislative body or a convention.

rules committee See COMMITTEE.

rules of change In the legal theory of H.L.A. Hart, the fundamental rules by which a legal systems other rules are altered. In Harts theory, a legal systems primary rules are subject to identification and change by secondary rules. Among those rules are "rules of change," which prescribe how laws are altered or repealed. Cf. RULE OF RECOGNITION.

rules of court See COURT RULES.

Rules of Decision Act A federal statute (28 USCA § 1652) providing that a federal court, when exercising diversity jurisdiction, must apply the substantive law of the state in which the court sits. See diversity jurisdiction under JURISDICTION.

rules of evidence See EVIDENCE (4); FEDERAL RULES OF EVIDENCE.

rules of navigation 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 Great Lakes. 33 USCA §§ 1602-1608,2001-2073.

rules of order See RULE (3).

rules of procedure See PROCEDURE (2).

ruling 1. The outcome of a courts decision either on some point of law or on the case as a whole. Also termed legal ruling. Cf. JUDGMENT (1); OPINION (1). A distinction is sometimes made between rules and rulings. Whether or not a formal distinction is declared, in common usage legal ruling (or simply ruling) is a term ordinarily used to signify the outcome of applying a legal test when that outcome is one of relatively narrow impact. The immediate effect is to decide an issue in a single case. This meaning contrasts, for example, with the usual meaning of legal rule (or simply rule). The term rule ordinarily refers to a legal proposition of general application. A ruling may have force as precedent, but ordinarily it has that force because the conclusion it expresses (for example, objection sustained) explicitly depends upon and implicitly reiterates a rule a legal proposition of more general application Robert E. Keeton, Judging 67-68 (1990). 2. Parliamentary law. The chairs decision on a point of order. rule, vb.

ruling case See LEADING CASE (3).

ruling letter See DETERMINATION LETTER.

RULPA abbr. Revised Uniform Limited Partnership Act. See UNIFORM LIMITED PARTNERSHIP ACT.

run vb. (bef. 12c) 1. To expire after a prescribed period <the statute of limitations had run, so the plaintiffs lawsuit was barred>. 2. To accompany a conveyance or assignment of (land) <the covenant runs with the land>. 3. To apply <the injunction runs against only one of the parties in the dispute>.

runaway 1. A person who is fleeing or has escaped from custody, captivity, restraint, or control; esp., a minor who has voluntarily left home without permission and with no intent to return. Cg. THROWAWAY. 2. An animal or thing that is out of control or has escaped from confinement. - run away, vb.

runaway grand jury A grand jury that acts essentially in opposition to the prosecution, as by calling its own witnesses, perversely failing to return an indictment that the prosecution has requested, or returning an indictment that the prosecution did not request.

runaway grand jury See GRAND JURY.

runner 1. A law-office employee who delivers papers between offices and files papers in court. 2. One who solicits personal-injury cases for a lawyer. Also termed capper. 3. A smuggler. 4. BrE. Slang. An escape; flight (from something); a voluntary disappearance.

running account See ACCOUNT.

running account An open, unsettled account that exhibits the reciprocal demands between the parties.

running description See METES AND BOUNDS.

running objection See continuing objection under OBJECTION.

running policy See floating policy under INSURANCE POLICY.

running policy See floating policy.

running with the land Property law. See covenant running with the land under COVENANT (4).

running-down clause Marine insurance. A provision for the hull insurers paying a proportion of the damages sustained the other vessel in a collision.

runoff election See ELECTION (3).

runoffelection An election held after a general election, in which the two candidates who received the most votes neither of whom received a majority - run against each other so that the winner can be determined. Cf. two-round voting under VOTING.

Rural Business-Cooperative Service An agency in the U.S. Department of Agriculture responsible for making loans and grants to public agencies and private parties to develop rural businesses. Abbr. RBS.

Rural Electrification Administration A former agency in the U.S. Department of Agriculture responsible for making or guaranteeing loans to rural electric and telephone utilities. Its duties were transferred to the Rural Utilities Service in 1994. Abbr. REA. See 1451 RURAL UTILITIES SERVICE.

Rural Housing Service An agency in the U.S. Department of Agriculture responsible for making or guaranteeing loans for rural housing. Abbr. RHS.

rural servitude See SERVITUDE (2).

rural servitude Roman law. A servitude chiefly affecting agricultural land or land in the country. The our oldest types, iter, actus, via, and aqueductus were all res mancipi despite being incorporeal. Most rural servitudes were easements, but some were profits. Also termed rustic servitude; praedium rusticum; jus rusticorum praediorum.

Rural Utilities Service An agency in the U.S. Department of Agriculture responsible for making or guaranteeing loans to rural electric and telecommunication utilities. The agency is the successor to the Rural Electrification Administration. Abbr. RUS.

RUS abbr. RURAL UTILITIES SERVICE.

rustica et urbana (ras-ti-ka et ar-bay-na). [Latin). Rural and urban. The phrase appeared in reference to servitudes. See SERVITUS.

rusticum forum (ras-ti-am for-am). Any nonjudicial body (such as an arbitral panel or workers compensation review board) that has authority to make a binding decision. Also termed poor mans court.

rusticum judicium (ras-ti-kam joo-dish-ee-am). 1. The division of liability so that one party (usu. a defendant) must pay only part (usu. half) of another partys (usu. the plaintiffs) loss. Rusticum judicium originated in 17th century maritime law as a means of efficiently resolVing collision cases in which both ships were at fault. In maritime law, damages were equally divided. Also termed rusticum jus. Cf. comparative negligence under NEGLIGENCE. 2. Rare. Rough justice; a rustic tribunal. e1his is a literal translation of the term, used colloquially rather than accurately. - Sometimes misspelled rusticum judicum.

rusticum jus (ras-ti-kam jas). Maritime law. See RUSTICUM JUDICIUM (1).

S abbr. 1. STATUTE. 2. SECTION (1). 3. (usu. cap.) SENATE.

S & L abbr. SAVINGS-AND-LOAN ASSOCIATION.

S corporation See CORPORATION.