Also known as: special rules
Written by attorneys · grounded in primary & secondary sources — see below
A rule applicable only to a particular case or circumstance rather than to a class of cases in general.
Solstice Ventures granted a covenant restricting development on land conveyed to Stonehaven Properties. The parties later disputed whether the covenant fell under the general rules for servitudes. Because the covenant appeared in a lease, a special rule removed it from the scope of the applicable restatement.
State legislators enacted a statute targeting only one named individual for punishment without trial. The individual challenged the statute as violating due process. The court held that due process demands general rules rather than a special rule aimed at a particular person or case.
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Sophia Singh challenged a statute that might chill protected speech of third parties even though it did not directly affect her. The court applied a special rule allowing overbreadth claims in First Amendment cases. This exception departed from the usual rule that a litigant may not assert the rights of others.
Several groups filed challenges to a new campaign finance statute immediately after its enactment. Section 403 of the statute directed all such suits to a three-judge district court with expedited procedures. The court followed the special rule requiring prompt advancement and resolution of the cases.
A state statute imposed special responsibilities on married women that limited their independent legal capacity. The court noted that these rules flowed from an older understanding of family hierarchy. The special rule persisted in some jurisdictions despite broader constitutional changes.
Sebastian Santos sought to avoid an arbitration clause containing a class-action waiver under state unconscionability doctrine. The court refused to apply a special rule that singled out arbitration agreements for disfavored treatment. General contract principles therefore governed the enforceability question.
A special rule applies only to a particular case or circumstance. A general rule applies to a class of cases or circumstances. The distinction appears in both procedural and substantive contexts.
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A court may apply a special rule when the facts present a circumstance that the general rule does not adequately address. Examples include certain First Amendment overbreadth claims and statutory provisions for expedited review of constitutional challenges.
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Due process requires that law operate as a general rule rather than a special rule for a particular person or case. A statute that singles out one individual for punishment without trial violates this requirement.
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States may not adopt special rules that single out arbitration agreements for disfavored treatment. General contract principles of unconscionability must apply equally to arbitration and non-arbitration contracts.
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…head and representative in the social state; and, notwithstanding some recent modifications of this civil status, many of the special rules of law flowing from and dependent upon this cardinal principle still exist in full force in most States." Id. , at 141 (Bradley, J., joined by Swayne and Field, JJ., concurring in…