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Simple English definitions for legal terms
rule of order
Read a random definition: check-kiting
A quick definition of rule of order:
Rule of Order: A rule that tells us how to behave or act in a certain situation. It can be a general rule that applies to many situations or a specific rule for a particular group or organization. Some rules are mandatory and cannot be changed, while others can be changed if everyone agrees. In a group meeting, there are rules that help us conduct the meeting in an organized way. In court, there are rules that tell us how to present evidence and make decisions. Overall, rules help us know what to do and how to do it in a fair and orderly manner.
A more thorough explanation:
A rule of order is an established and authoritative standard or principle that guides conduct or action in a given type of situation. It can be a general norm applicable to a class of cases or circumstances, or a mandatory legal rule that cannot be disclaimed.
- Default rule: A legal principle that fills a gap in a contract in the absence of an applicable express provision but remains subject to a contrary agreement. For instance, if a contract does not specify the payment terms, the default rule may be that the payment is due upon delivery.
- General rule: A rule applicable to a class of cases or circumstances. For example, the general rule for determining negligence in a car accident is whether a reasonable person would have acted differently under similar circumstances.
- Mandatory rule: A legal rule that is not subject to contrary agreement. The UCC obligation of good faith and fair dealing is a mandatory rule that cannot be disclaimed by the parties.
These examples illustrate how rules of order can apply in different contexts, such as contract law, tort law, and commercial law. They also show how rules of order can provide guidance and certainty in situations where there is no explicit agreement or where the parties have different interests.