Also known as: regulate · regulates · regulated · regulating · regulations · rule · regulatory
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The act or process of controlling conduct by rule or restriction.
A rule or order having legal force issued by an administrative agency or local government.
Each sense below has its own examples, sources, and questions.
The act or process of controlling conduct by rule or restriction.
Select any source to read its text and confirm it supports the definition.
A rule or order having legal force issued by an administrative agency or local government.
Select any source to read its text and confirm it supports the definition.
No. When no statute or regulation governs the conduct the jury determines the standard by applying the reasonable person test to the facts presented at trial.
The EPA issued a regulation requiring factories to install scrubbers. Acme Industries and its manager failed to comply. Inspectors cited the firm under the new regulation and imposed daily fines until the equipment was installed.
The city council adopted a regulation limiting short-term rentals to 90 days per year. Landlord Lena Li and tenant Tom Torres signed a lease that violated the cap. The housing board fined both parties after neighbors reported the breach.
The FDA promulgated a regulation banning certain food additives. Processor Paula Price and distributor Dan Doyle continued using the additives in interstate shipments. Federal agents seized the products and enforced the regulation against both companies.
The state environmental agency published a regulation setting new emission limits for power plants. Utility United Electric and its contractor Carl Cruz exceeded the limits. The agency assessed penalties directly under the regulation.
A county health board enacted a regulation requiring restaurants to post inspection grades. Owner Oscar Ortiz and manager Mia Morales posted false grades. Inspectors revoked their permit pursuant to the regulation.
The local zoning commission adopted a regulation restricting building heights near the waterfront. Developer Dana Diaz and architect Alex Ames submitted plans exceeding the limit. The commission denied the permit under the regulation.
A court may adopt an administrative regulation as the standard when the regulation speaks directly to the conduct at issue and was designed to protect the class of persons injured. The jury then decides whether the defendant complied with that standard.
Yes. Courts may rely on appellate decisions that articulate specific duties for recurring fact patterns even when general regulations do not address the precise risk.
…and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress shall make. The term 'appellate jurisdiction' is to be taken in its largest sense and implies the right of superintending inferior tribunals. Proceedings in nature of appeals…