rule

Adjudicated cases may and do, of course, serve as vehicles for the formulation of agency policies, which are applied and announced therein. They generally provide a guide to action that the agency may be expected to take in future cases. Subject to the qualified role of stare decisis in the administrative process, they may serve as precedents. But this is far from saying, as the Solicitor General suggests, that commands, decisions, or policies announced in adjudication are 'rules' in the sense that they must, without more, be obeyed by the affected public.

A regulation or formula to which conduct must be conformed. See General Rules. An order or direction. See Order.

n. 1. An established standard, guide or regulation; a principle or regulation set up by authority, prescribing or directing action or forbearance; as, the rules of a legislative body, of a company, court, public office, of the law, of ethics. 2. A regulation made by a court of justice or public office with reference to the conduct of business therein. 3. An order made by a court, at the instance of one of the parties to a suit, commanding a ministerial officer, or the opposite party, to do some act, or to show cause why some act should not be done. It Is usually upon some interlocutory matter, and has not the force or solemnity of a decree or judgment. 4. "Rule" sometimes means a rule of law. Thus, we speak of the rule against perpetuities ; the rule in Shelley's Case, etc.

— Cross-rules. These were rules where each of the opposite litigante obtained a rule nisi, as the plnintiff to increase the damages, and the defendant to enter a nonsuit. Wharton.

— General rules. General or standing others of a court, in relation to practice, etc.

— Rule absolute. One which commands the subject-matter of the rule to be forthwith enforced. It is usual, when the party has failed to show sufficient cause against a rule nisi, to "make the rule absolute, i. e., imperative and final.

— Rule-day. In practice. The day on which a rnie is returnable, or on which the act or duty enjoined by a rule is to be performed., See Cook v. Cook, 18 Fla. 637.

— Rule in Shelley's Case. A celebrated rule in English law, propounded in Lord Coke's reports in the following form: That whenever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word "heirs" is a word of limitation and not of purchase. In other words, it is to be understood as expressing the quantity of estate which the party is to take, and not as conferring any distinct estate on the persons who may become his representatives. 1 Coke, 104a; 1 Steph. Comm. 308. See Zabriskie v. Wood, 23 N. J. Eq. 544; Duffy v. Jarvis (C. Ct) 84 Fed. 733; Hampton v. Rather, 30 Miss. 2O3; Hancock v. Butler, 21 Tex. 807; Rogers v. Rogers, 3 Wend. 511, 20 Am. Dec. 716; Smith v. Smith, 24 S. O. 314.

— Rule nisi. A rule which will become imperative and final unless cause be shown against it. This rule commands the party to show cause why he should not be compelled to do the act required, or why the object of the rule should not be enforced.

— Rule of 1756. A rule of international law, first practically established in 1756, by which neutrals, in lime of war, are prohibited from carrying on with a belligerent power a trade which is not open to them in time of peace. 1 Kent. Comm. 82.

— Rnie of conrse. There are some rules which the courts authorize their officers to grant as a matter of course, without formal application being made to a judge in open court, and these are technically termed, in English practice, "side-bar rules," because formerly they were moved for by the attorneys at the side bar in court. They are now generally termed "rules of course." Brown.

— Rules of conrt. The rules for regulating the practice of the different courts, which the judges are empowered to frame and pnt in force as occasion may require, are termed "rules of court." Brown. See Goodlett v. Charles, 14 Rich. Law (S. C.) 49.

— Rnie of law. A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "rule," because in doubtful or unforeseen cases it is a guide or norm for their decision. Toullier, tit. prel. no. 17.

— Rnles of practice. Certain outers made by the couris for the purpose of regulating the practice in actions and other proceedings before them

— Rules of procedure. Rules made by a legislative body concerning the mode and manner of conducting its business, and for the purpose of making an orderly and proper disposition of the matters bsfore it, such as ruies prescribing what committees shall be appointed, on what subjects they shall act, what shall be the daily order in which business shall be taken up, and in what order certain motions sbali be received and acted on. Hei-skell v. Baltimore, 65 Md. 125, 4 Atl. il6, 57 Am. Rep. 308; Heyker v. McLaughlin. 106 Ky. 509, 50 S. W. 859.

— Rule of property. A settled rule or principle, resting usually on precedents or a course of decisions, regulating the ownership or devolution of property. Yazoo & M. V. R. Co. v. Adame, 81 Miss. 90, 32 South. 937; Edwards v. Davenport (C. Ct) 20 Fed. 763.

— Rule of the road. The popular English' name for the regulations governing the navigation of vessels in public waters, with a view to preventing collisions. Sweet.

— Rule to plead. A rule of court, taken by a plaintiff as of course, requiring the defendant to plead within a given time, on pnin of having judgment taken against him by default.

— Rule to show cause. A rule commanding the party to appear and show cause why he shonid not be compelled to do the act required, or why the object of the rule should not be enforced; a rule nisi, (q. v.)

— Special rule. Rules granted without any motion in court, or when the motion is only assumed to have been made, and is not actually made, are calied "common" rales; while the rules granted upon motion actually made to the court in term, or upon a judge's order in vacation, are termed "special" rules. Brown. The term may also be understood as opposed to "general" rule; in which case it means a particular direction, in a matter of practice, made for the purposes of a particular case.

v. This verb has two significations:
(1) to command or require by a rule of court; as, to rule the sheriff to return the writ, to rule the defendant to plead.
(2) To settle or decide a point of law arising upon a trial at nisi prius; and, when it is said of a judge presiding at such a trial that he "ruled" so and so, it is meant that he laid down, settled or decided such and such to be the law.

A principle or canon, aa a rule of law, a rule of construction; an order made by a court for the regulation of its practice, otherwise called a general rule; an order made between the parties to a suit, either on motion of counsel or without. Rule absolute: a rule to show cause upon which, on hearing, the court has made a peremptory order that the party shall do as the rule requirea Rule nisi: a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced. Rule of course: a rule granted as matter of routine without application to the judge, otherwise called office rule. Rule of property: a settled principle governing the title, possession, descent and alienation of property. Rule of 1756: a rule relating to the trade of neutrals in time of war, first established in the year 1756, — the substance of which is that neutrals are not to carry on with a belligerent a trade not open to them in time of peace.

1, V. (1) To hold, lay down, decide: as, to rule testimony admissible as evidence, to rule on a proposition of law. Overrule. To rule against, reject, refuse to allow or receive: as, to overrule a motion, a plea, an exception. Also, for a court to decide a question of law contrary to a decision in a former case. Whence overruled case. Compare Reverse.' (2) To make or enter a formal order or direction. 2, n. Such order or mandate itself. Compare Motion, 3. A court, or its officer, grants a rule to show cause, to make a return, to file a declaration or a plea, to make a reference, to strike off an entry, etc. Peremptory rule. An order which is to be observed promptly and fully, without argument contra. > 4 Bl. Com. 146. ' Hawkins, PI. Cr. ch. 65, 5 14. ' Attorney-General v. West Wisconsin R. Co., 36 Wis. 494 (1874). "Sn route," see M'Lean v. United States, 17 Ct. CI. 90 (1881). Rule absolute. Said of a rule to show cause which has been heard and a peremptory order therein made that a party do as required in the rule. Rule nisi or rule to show cause. A direction that a party do, or be permitted to do, a specified act unless (nisi) a legal reason be shown or appears for his not doing it. A day is appointed for hearing a rule to show cause why the thing requested should not be done. At this hearing, after argument, and, perhaps, the consideration of testimony, the rule is either discharged or made absolute, according as the objection is or is not sufficient in law.* Rule of course. A rule granted by an officer of a court, as a matter of routine, and without application being first made to a judge of the court itself. Called also office rule, and, formerly, side-bar rule. Rule day. A day designated under a rule of court for the performance of some duty required of a litigant. Rule of court. An order made by a court of record. (1) A special order in a particular case. See Reference. (3) A general requirement, usually in writing, applicable to all cases of a class. General rules of court. Standing orders, made by a court, to regulate its general practice. 2 Express power to establish rules of court>has been confen-ed by statute upon courts of record. At the same time, such courts have an inherent right to make rules to regulate their practice and to expedite the determination of suits and other proceedings, the rules being consistent with the constitution and laws of the State. Otherwise, the public business could not be dispatched. s Regularity, justice, and dispatch are the objects of rules of court. They are indispensable to routine business.* But they cannot abridge a right secured by positive law: as, alter the general law of evidence,' or the statutory manner of serving a notice; nor add terms to an arbitration law;" nor supersede a special rule > See Stearns v. Barrett, 1 Mas. 162-63 (1816). » See Owens v. Ranstead, 22 111. 173 (1859); Deming v. Foster, 42 N. H. 178 (1860); Dougherty v. Thayer, 78 id. 172 (1875). 'Vanatta v. Anderson, 3 Binn. 423 (1811); Barry v. Randolph, ib. 877 (1811); Fullerton 11. Bank of United States, 1 Pet. •613(1828); Jones v. Rittenhouse, 87 Ind. 350 (1888); 43 Cal. 179; 22 Dl. 173; 18 La. An. 703; 12 Md. 493; 5 Pick. 612; 9 Oreg. 121; 26 Pa. 516. < Magill's Appeal, 59 Pa. 430 (1868). » Patterson v. Winn, 5 Pet. *274 (1831); 5 W. & S. Wi. where that is contemplated; ' nor supersede a statute;* nor affect iurisdiction. 8 In one case, an imperfection in a statute was remedied by means of a rule.^ It is not essential that a rule of practice be established by a written order: it may, be "by a uniform mode of proceeding.^ A rule of court must operate prospectively." An attorney is bound to tnow the rules of his own court.^ The expediency of a rule is determined by the sound dlscretionof the court by whose authority it is established. Only where wrong is manifest will that discretion be interfered with.* Discretion in applying a rule to a particular case must be authorized by the rule itself.* For the sake of certainty, no departure should be made from a plain, written, express rule.'" The court is the best judge of its own rules; an appellate court will not reverse for a construction not palpably erroneous." Many regulations of practice introduced into England by statute have been the objects of rules of court in this country.'* The court of common pleas of IPhiladelphia had written rules as early as 1788. Collections were published in Western Pennsylvania in 1791, 1796, and 1811.'* The Judiciiiry Act of 1789, § 17, confers authority on the Federal courts to establish all rules necessary for the ordinary conduct of their business, not repugnant to the laws of the United States. The act empowera the Supreme Court to regulate the practice of, the district and circuit courts; and empowers those courts themselves to make such regulations of their practice as may be necessary to advance justice and to prevent delays.'* Like power la conferred upon the court of claims.'^ Kules in admiralty are promulgated in accordance with a special statute.'" ' RingwaltD. Brindle, 69 Pa. 54 (1868); contra, Dougherty V. Thayer, 78 id. 178 C1875). * Gates V. Mack, 6 Col. 403 (1882). * The St. Lawrence, 1 Black, 537 (1861). 4 Cochran v. Loring, 17 Ohio, 409 (1848). 'Duncan v. United States, 7 Pet. *461 (183.S); contra, Owens V. Eanstead, 22 111. 178 (1859). See also State v. Unsley, 10 Iowa, 150-61 (1869). « Dewey v. Humphrey, 6 Pick. 187 (1827); 11 S. & E. 131. ' ' Dearborn v. Dearborn, 15 Mass. 319 (1818). s Gannon u Fritz, 79 Pa. 307 (1875); 7 Watts, 64. •Thompson v. Hatch, 3 Pick. 516 (1826); 4 id. 189; 5 M. 187; 22 111. 173; 22 Md. 295; 2 Dak. 467. '» Alexanderu Alexander, 5 Pa. 277 (1847); 56 id. 183; 59 id. 480; 30 id. 272; 18 La. An. 703. ' 1 Coleman v. Nantz, 63 Pa. 178 (1869), cases. '2 Vanatta v. Anderson, 8 Binn. 417 (1811); 35 Pa. 416. "Barry v. Randolph, 3 Binn. 277 (1811); 2 Brown, App. 1-14; Wilkins v. Anderson, 11 Pa. 399 (1849); Fleming c. Beck, 48 id. 309 (1864). ■ '*R. S. 11917-18, cases. See Rules of the Supreme.Court, announced Jan. 7, 1884, in 108 U. S. 573-92, index, 626. The equity rules prescribed by the Supreme Court bind all the Federal courts.' The rules of the high court of chancery in England are of force as analogies.* But Congress has not empowered the circuit and district courts to make rules touching the mode of taking testimony.* 3. A canon; a principle: as, a rule of construction, a case governed by a certain rule, a rule established by or deducible from the decisions or authorities; a rule of law, of practice or procedure, of evidence or of pleading, qq. v. Bule of property. An established principle regulating the ownership and transfer of property. A decision with respect to the law under which property is held, enjoyed, and transferred, is sometimes said to create or indicate the " rule of property." where a course of decisions, whether founded upon statutes or not, have become rules of property as laid down by the highest courts of the state, by which is, meant the rules governing the descent, transfer, or sale of property, and the rules which- affect the title and possession thereof, they are to be treated, by the Federal courts, as the laws of that state.* Bules and regulations. Power " to establish a uniform rule of naturalization," " to make all needful rules and regulations respecting. property belonging to the United^ States," "to regulate commerce," gives plehary control over those subjects. But power to make rules and regulations on a particular subject is, in cases, lim'ited to the mode and form, the time and circumstance, and not to the substance.^ See Regulate.

An order of court. Rule absolute, nisi: v. Absolute. Rule in Shelley's Case: v. SMle/s Case. Rules of a prison; limits within which prisoners in civE suits might live, if they gave security not to escape.

n. 1. A formal regulation agreed upon or prescribed by authority: as rules of a society or company, general rules of court. 2. A decision, direction, mandate, or order of court; generally, one less solemn and forma] than a decree or judgment, and made incidentally iu the progress of a cause, or upon some interlocutory proceeding. In this use, a rule is usually a direction made in writing, and a ruling is 3. decision orally made, as in excluding evidence. Thus a judge grants a rule to show cause, or makes erroneous rulings on a trial; a party serves a rule to plead, or excepts to a ruling against him. Connected with this sense is — Rule, r.: to decide an incidental point; to give a direction, or determine an interlocutory question or motion, either orally or in writing; to command or require by order of court, as to rule iu favor of evidence offered, or to rule a sheriff to return a writ. It is worthy of notice that there is a tendency in the English books to use " rule " for a direction or decision made upon occasion arising in a particular cause, and "orders," for the general regulations to govern practice which are prescribed by the courts to apply in any causes; while in the United States (at least in the states following the code system), the tendency is to use " rules " in the sense of general regulations, and " order," for any decision of an application or motion in a particular cause. Rule absolute. When a rule to show cause has been defaulted, or has been heard, and the cause shown is adjudged making a final, peremptory, unconditional order that the party do as the rule to show cause called upon him to do. A rule absolute is opposed to a rule nisi, or to show cause, and means one not open to argument. Rule of course. There are some rules which the courts authorize their officers to grant as a matter of course, without formal application being made to a judge in open court, and these are technically termed rules of course; also, in former English practice, side -bar rules, because formerly they were moved for by the attorneys at the side bar in court. Examples are the rule to plead, which was an order or command of the court requiring a defendant to plead within a specified number of days; also, the rules to reply, to rejoin, and many others, the granting of which depended upon settled rules of practice rather than upon the discretion of the courts; so that no argument or exercise of judicial decision is needed. Rule of court. A submission to arbitration, or the award of an arbitrator, is said to be made a rule of court, when a court of law or equity makes a rule that such submission or award shall be conclusive. This is authorized by statute as one way of rendering arbitrament of controversies effective and obligatory. The rules for regulating the practice of the courts, and which the judges are empowered to frame, and to put in force, as occasion may require, are termed rules of court. Courts have an inherent power to frame and establish rules; and power of this kind has been explicitly conferred by statute in several instances. Rule nisi, or rule to show cause. In English practice, an ordinary mode of invoking the authority of the court to compel a party to do some act or take some step in the cause is by taking out a rule which is expressed that he do the act or take the step desired, unless {nisi), on a certain day, he shall show cause why he should not be so required. When the day comes, if he makes default, or shows insufficient cause, the rule is made absolute; i.e., he is ordered peremptorily. If he shows cause which is sufficient, decision argued upon a rule of real-property law, which is briefly thus expressed: That wherever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of purchase; in other words, it is to be understood as expressing the quantity of estate which the party is to take, and not as conferring any distinct estate on his heirs, or the heirs of his body, as the case may be. This doctrine is frequently mentioned in decisions on conveyancing and real-pi-operty law, as the rule in Shelley's case. Rules of the king's bench prison. Were certain limits without the walls, within which all prisoners in custody in civil actions were allowed to live, upon giving security by bond with two sufficient sureties to the marshal not to escape, and paying him a certain percentage on the amount of the debts for which they were detained. Bagley Pract. The term corresponds to "jail liberties" or "prison bounds," used with reference to confinement of prisoners in the United States.

TERM, in English practice; aterm rule is in the nature of a day rule by which a prisoner is enabled by the terms of one rule, instead of a daily rule, to quit the prison or its rules for the purse of transacting his business. It is obtained in the same manner asa day rule. See Rules. -