Also known as: rules of law · supremacy of law
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A substantive legal principle that determines rights, duties, or liabilities in a dispute. Such a principle operates without exception based on the manner in which harm or loss occurs when the principle's elements are satisfied.
A substantive legal principle that determines rights, duties, or liabilities in a dispute. Such a principle operates without exception based on the manner in which harm or loss occurs when the principle's elements are satisfied.
Select any source to read its text and confirm it supports the definition.
A directive that classifies property interests and interprets terms according to the law selected by applicable choice-of-law rules.
Select any source to read its text and confirm it supports the definition.
A doctrine abolished both as a binding rule and as a construction aid so that language naming heirs does not presumptively retain a reversion in the transferor.
Select any source to read its text and confirm it supports the definition.
A directive that classifies property interests and interprets terms according to the law selected by applicable choice-of-law rules.
A doctrine abolished both as a binding rule and as a construction aid so that language naming heirs does not presumptively retain a reversion in the transferor.
Each sense below has its own examples, sources, and questions.
Ralph Richardson left a loose handrail unrepaired on his apartment stairs. Roland Rhodes, carrying groceries, slipped on a wet step, grabbed the rail, and fell down the entire flight, breaking his leg. Rhodes sued for negligence. The court held Richardson liable even though the precise chain of events was unusual.
Rina Rahman operated a delivery van with defective brakes. Ricardo Rojas crossed the street and was struck when the van failed to stop. Rojas sued. The court instructed the jury to decide whether any rule of law precluded finding legal cause based on the sequence of events.
Reliance Insurance's factory emitted noise that disrupted Riverside Healthcare's adjacent clinic. Riverside sought an injunction. The court weighed the nature of the harm, the difficulty of proving damages, and other factors to decide whether money damages would be an adequate remedy.
Radiance Media published a false report that Regal Apparel's products contained harmful chemicals. Regal lost several major contracts. Regal sued for injurious falsehood. The court held the publisher liable even though the precise chain of lost sales was indirect.
No. The applicable rule states there is no rule of law that relieves the actor from liability merely because of the manner in which the negligence resulted in the harm.
Supporting sources
The jury determines the applicability of any rules of law that decide whether the defendant's conduct is a legal cause of the plaintiff's harm.
Supporting sources
Ruby Rivera owned a cabin in State A and a valuable painting stored in State B. After her death, her estate disputed whether the painting passed under the law of her domicile or the situs. The court applied the selected state's law to classify the painting as movable and define the governing terms.
The court classifies the thing and defines terms comprising a rule of law according to the law selected by the applicable choice-of-law principles.
Supporting sources
Ronald Reed's will left his ranch to his daughter for life, remainder to his heirs. After Reed died, the daughter claimed the remainder merged with her life estate. The court refused to recognize any reversion in Reed's estate because the doctrine of worthier title had been abolished.
The language does not create or presumptively create a reversionary interest in the transferor.
Supporting sources
…for certiorari of the individual petitioners and of the Times. 371 U. S. 946. We reverse the judgment. We hold that the rule of law applied by the Alabama courts is constitutionally deficient for failure to provide the safeguards for freedom of speech and of the press that are required by the First and Fourteenth…