Written by attorneys · grounded in primary & secondary sources — see below
A general rule that governs judicial proceedings.
Sources & Authorities· 3 primary sources
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Uniform Acts
Common Law
Restatements
How it applies
Common Examples
6
Covenant Enforced Without Land Touch
Rowan Russell sold a parcel to Regal Apparel subject to a covenant limiting signage. Regal later claimed the covenant failed because it did not touch or concern the land. The court applied the general rule that neither burden nor benefit need touch or concern land for the servitude to remain valid and enforced the restriction against the buyer.
Adoption Proceeds on Mother's Consent
Roberto Reyes and Rina Rahman had a child while unmarried. Rina consented to adoption by a third party. Roberto had not registered as a putative father or provided support. The court applied the general rule requiring both parents' consent yet waived the father's consent after notice and hearing because withholding it was against the child's best interest.
Riley Rivera operated a bakery and challenged a state hour limit on employee shifts. The court applied the general rule protecting liberty of contract and invalidated the statute as an arbitrary interference with the right to contract.
Lochner v. New York198 U.S. 45 (1905)
Compensation Required Under General Takings Rule
Renee Rogers owned land taken for a public street widening. The city offered no payment. The court applied the general rule that just compensation must accompany any taking of private property for public use and ordered payment equal to the land's value.
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago166 U.S. 226, 239, 17 S.Ct. 581, 585, 41 L.Ed. 979 (1897)
Undue Burden Test Applied to Regulation
Rajesh Rao operated a clinic providing reproductive services. A state law required spousal notice before certain procedures. The court applied the general rule that regulations imposing an undue burden on the right are invalid and struck down the notice requirement.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Regulation Invalidated as Taking
Rocky Mountain Mining held subsurface rights subject to a statute barring extraction that caused surface subsidence. The statute left the company with no viable use of its estate. The court applied the general rule that a regulation destroying all economic value constitutes a taking requiring compensation.
Pennsylvania Coal Co. v. Mahon260 U.S. 393 (1922)
Common questions
Frequently Asked
3
What does regula generalis mean?+
It refers to a general rule of court procedure or practice that governs judicial proceedings.
Supporting sources
What is the abbreviation for regula generalis?+
The abbreviation is reg. gen. or r.g.
Supporting sources
What is the plural of regula generalis?+
The plural form is regulae generales.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve…