(单词翻译:单击)
RULE. This is a metaphorical1 expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn2 from one point to another, the shortest possible line, which is called a straight line.
2. The rule is a means of comparison in the arts to judge whether the line be straight, as it serves in jurisprudence, to judge whether an action be just or unjust, it is just or right, when it agrees with the rule, which is the law. It is unjust and wrong, when it deviates3 from it. lt is the same with our will or our intention.
RULE OF LAW. Rules of law are general maxims5, formed by the courts, who having observed what is common to many particular cases, announce this conformity6 by a maxim4, which is called a rule; because in doubtful and unforeseen cases, it is a rule for their decision; it embraces particular cases within general principles. Toull. Tit. prel. n. 17; 1 Bl. Com. 44; Domat, liv. prel. t. 1, s. 1 Ram7 on Judgm. 30; 3 Barn. & Adol. 34; 2 Russ. R. 216, 580, 581; 4 Russ. R. 305; 10 Price's R. 218, 219, 228; 1 Barn. & Cr. 86; 7 Bing. R. 280; 1 Ld. Raym. 728; 5 T. R. 5; 4 M. & S. 348. See Maxim.
RULE OF COURT. An order made by a court having competent jurisdiction8.
2. Rules of court are either general or special; the former are the laws by which the practice of the court is governed; the latter are special orders made in particular cases.
3. Disobedience to these is punished by giving judgment9 against the disobedient party, or by attachment10 for contempt.
RULE TO SHOW CAUSE. An order made by the court, in a particular case, upon motion of one of the parties calling upon the other to appear at a particular time before the court, to show cause, if any he have, why a certain thing should not be done.
2. This rule is granted generally upon the oath or affirmation of the applicant11; but upon the hearing, the evidence of competent witnesses must be given to support the rule, and the affidavit12 of the applicant is insufficient13.
RULE OF THE WAR, l756, comm. law, war. A rule relating to neutrals was the first rule practically, established in 1756, and universally promulgated14, that "neutrals are not to carry onin times of war, a trade which was interdicted15 to them in times of peace." Chit. Law of Nat. 166; 2 Rob. n. 186; 4 Rob. App.; Reeve on Shipp. 271; 1 Kent, Com. 82; Mann. Law Nat. 196 to 202.
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metaphorical
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a.隐喻的,比喻的 | |
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drawn
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v.拖,拉,拔出;adj.憔悴的,紧张的 | |
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deviates
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v.偏离,越轨( deviate的第三人称单数 ) | |
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maxim
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n.格言,箴言 | |
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maxims
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n.格言,座右铭( maxim的名词复数 ) | |
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conformity
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n.一致,遵从,顺从 | |
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ram
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(random access memory)随机存取存储器 | |
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jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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attachment
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n.附属物,附件;依恋;依附 | |
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applicant
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n.申请人,求职者,请求者 | |
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affidavit
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n.宣誓书 | |
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insufficient
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adj.(for,of)不足的,不够的 | |
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promulgated
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v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等) | |
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interdicted
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v.禁止(行动)( interdict的过去式和过去分词 );禁用;限制 | |
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