Rule absolute

Rule absolute

In the context of American law

Is a mandate or court order.

In the context of the old English Reports

Historically English Law struggled to find proper processes for dealing with appeals against jury verdicts.

In the 18th century a practice grew up of applying to the trial judge for a new trial (not the same thing as an appeal) on the basis that the judge had misdirected the jury, or, later, that the verdict was 'against evidence' i.e. that the jury had come to a perverse verdict.

A judge who thought there might be something in this would make a provisional order for a new trial, known as a 'rule nisi' ('nisi' is Latin for unless) and in this context the order meant that there would be a new trial unless a sort of appeal court, usually consisting of all the judges of that division of the court - including the judge who had made the original ruling, ordered otherwise after further argument.

The sittings of the full court of the division, referred to as sitting 'en banc' would be held at the end of each legal Term, when all the judges would spend a week or two in effect reviewing the difficult cases from the previous term.

Counsel for the party complaining about the verdict were said to appear 'in support of the rule'. and the other side would also be represented in further legal argument as to whether the complaints were justified and a new trial was warranted.

At the end of the argument the court would either decide that the original trial was flawed, in which case the rule nisis would become a rule absolute, and a new trial would be ordered, or would decide that the complaints about the original trial were not justified, in which case the rule would be discharged and the original verdict would stand.

This practice continued in common law courts despite the Common Law Procedure Act 1852, which reformed many aspects of common law procedure, but it disappeared IIRC after the implementation of the Judicature Acts 1873-75 which formally merged common law and equity courts and put in place a more rational appellate structure, which survives very largely intact to the present day.


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Look at other dictionaries:

  • rule absolute — One which commands the subject matter of the rule to be forthwith enforced. It is common, for example, when the party has failed to show sufficient cause against a rule nisi, to make the rule absolute, i.e., imperative and final …   Black's law dictionary

  • rule absolute — The rule or order of court granted upon a rule or order to show cause, where sufficient, cause is not shown. 37 Am J1st Motions § 38 …   Ballentine's law dictionary

  • rule absolute for a new trial — An abbreviated form of entry of an order for a new trial. The order of the court formerly entered would be judgment vacated, verdict set aside and new trial granted. Fisher v Hestonville, Mantua & Fairmount Passenger Railway Co. 185 Pa 602, 605,… …   Ballentine's law dictionary

  • absolute priority rule — n: a rule that provides for the satisfaction in full of claims of senior creditors before any payments can be made to junior creditors under a chapter 11 bankruptcy plan Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. absolute… …   Law dictionary

  • absolute — Complete; perfect; final; without any condition or incumbrance; as an absolute bond (simplex obligatio) in distinction from a conditional bond. Unconditional; complete and perfect in itself; without relation to or dependence on other things or… …   Black's law dictionary

  • absolute — Complete; perfect; final; without any condition or incumbrance; as an absolute bond (simplex obligatio) in distinction from a conditional bond. Unconditional; complete and perfect in itself; without relation to or dependence on other things or… …   Black's law dictionary

  • absolute — Free; unconditional; unrestricted; not dependent upon or appurtenant to something else. Anno: 36 ALR2d 151 (absolute gift to spouse.) The most ordinary signification of the adjective absolute is unrestricted or unconditional. Thus, an absolute… …   Ballentine's law dictionary

  • absolute rule — Same as rule absolute …   Ballentine's law dictionary

  • Rule of St. Benedict — • Lengthy article on the text of the Rule and its composition, some analysis, and practical application Catholic Encyclopedia. Kevin Knight. 2006. Rule of St. Benedict     Rule of St. Benedict …   Catholic encyclopedia

  • rule in Shelley's Case — rule in Shel·ley s case / she lēz / often cap R [from Wolfe v. Shelley, a 1581 English case invoking the rule]: a former common law rule that converted a life estate of an ancestor into an estate in fee and destroyed the remainder to the heirs… …   Law dictionary

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