rule of decision

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English[edit]

Noun[edit]

rule of decision (plural rule of decisions)

  1. (law) A legal authority (e.g., a statute or judicial precedent) that governs the resolution of a particular case.
    • 2024 January 11, Josh Blackman, Seth Barrett Tillman, “We're In The Section 3 Endgame Now”, in The Volokh Conspiracy[1]:
      We have made efforts to think through a fair number of the issues, and we have written about two of the most likely issues that the Court will address and which may resolve the case: (i) that Griffin's Case (1869) provides the rule of decision, that is, Section 3 necessitates federal enforcement legislation; and (ii) that the President is not an "Officer of the United States."

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