Civil Procedure Rule 8: General rules of pleading (2022)

(a) Claims for relief

A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.

(b) Defenses: Form of denials

A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth inRule 11. The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation.

(c) Affirmative defenses

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

(d) Effect of failure to deny

Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

(e) Pleading to be concise and direct; consistency

(1)Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.

(2)A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds. All statements shall be made subject to the obligations set forth inRule 11.

(f) Construction of pleadings

All pleadings shall be so construed as to do substantial justice.

Reporter's notes

Rule 8(a), unlike Federal Rule 8(a)(1), does not contain requirement that the claim set forth "a short and plain statement of the grounds upon which the court's jurisdiction depends." Such a statement, although essential in the federal courts, is of minimal value in the state courts.

(Video) Rule 8; Manner of Making Allegations in Pleading; CIVIL PROCEDURE [AUDIO CODAL]

Rule 8(b) provides that the signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. The only Massachusetts statutes dealing with this point, G.L. c. 231, § 29 andG.L. c. 106, § 3-307, reach the same result. To comport with prior law, Rule 8(b) also includes a provision that an allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation.

That part of former G.L. c. 231, § 30 concerning an allegation that a party is an executor, administrator, guardian, trustee, assignee, conservator, receiver or corporation, was not included in Rule 8(b) because this matter is adequately covered inRule 9(a). WhileRule 9(a)deals only with the matter of capacity of a party to sue or be sued, whereas the language of G.L. c. 231, § 30 could reasonably be interpreted to deal with the matter of capacity of a party for other purposes, these latter instances are so rare that they do not warrant specific mention in Rule 8(b).

G.L. c. 231, § 85Aimposes upon the defendant-registered owner of an automobile involved in a collision the responsibility for setting up as an affirmative defense in his answer a denial that the automobile was being operated by a person for whose conduct the defendant was legally responsible. This requirement was omitted from Rule 8(b) for several reasons:

(1) Unlike the questions of the genuineness of a signature or the public ownership of a place, which are susceptible of definite answers and will not often be denied, the legal relationship between the registered owner of a motor vehicle and its operator will often call for a conclusion upon which reasonable minds may differ. When there is any good faith doubt on the matter, the allegation will be denied by the defendant, and properly so.

(2)G.L. c. 231, §§ 85Band85Care intertwined with the provisions of§ 85A. Any subsequent statutory amendments toG.L. c. 231, §§ 85A,85B, and85Cwould likely entail a revision of the rule.

(3) Since one of the major purposes of Rule 8(b) is elimination of the general denial except in those rare cases where the pleader intends in good faith to controvert all the averments of the preceding pleading, particularization of specific situations requiring a specific denial tends to weaken the emphasis on this goal.

Rule 8 reflects the view that the primary function of pleadings is not to formulate the precise issues for trial but rather to give fair notice of the claims and defenses of the parties. Particularized pleadings do occasionally expose the plaintiff's lack of a viable case or the defendant's lack of a valid defense. More often, however, particularized pleadings merely result in wasted time and effort, because the claimed defects are matters of form which are subsequently corrected by amendment. In the occasional case where the plaintiff does not have valid claim, a trial can still be avoided by the use of discovery and either a motion to dismiss for failure to state a claim upon which relief can be granted (Rule 12(b)(6)), or a motion for summary judgment (Rule 56).

Rule 8(a)(1) provides that a pleading shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief alters prior practice."

G.L. c. 231, § 7 provides in part:

"Second, the declaration shall state concisely and with substantial certainty the substantive facts necessary to constitute the cause of action."

The change is epitomized by the statutory terms "substantive facts" and "cause of action." Under prior law, a pleading had to state precise facts rather than general conclusions,Becker v. Calnan, 313 Mass. 625, 630, 48 N.E.2d 668, 671 (1943), and the substantive allegations had to set forth the essential elements of a recognized cause of action.Brighams Cafe Inc. v. Price Bros. Co., 334 Mass. 708, 137 N.E. 923 (1957).

(Video) MANNER OF MAKING ALLEGATIONS IN A PLEADING |RULE 8|CIVIL PROCEDURE

Rule 8(a)(1) makes no reference to facts or causes of action. Under this rule, if a plaintiff fairly notifies the defendant of the nature of the plaintiff's claim and the grounds on which he relies, the action should not be dismissed because it does so through what might be termed "conclusions of law." SeeConley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957). Certain statutes pertaining to real estate may, however, require unique particularity. SeeG.L. c. 185, §§ 28, 29;c. 237, § 3;c. 240, § 1.

While Rule 8(a)(1) allows the pleading of conclusions,Rule 12(e)(motion for more definite statement) andRule 12(f)(motion to strike) cure the only real impropriety of the pleading of conclusions, namely, that the pleading is too vague to form a responsive pleading. It should be emphasized that Rule 8(a)(1) does not alter the statutory requirements regarding the omission of names in Superior Court divorce proceedings, G.L. c. 208, § 10.

Rule 8(a)(2) provides that the claim contain a demand for judgment for the relief to which the pleader deems himself entitled. This will control in the event of a default judgment, seeRule 54(c). It is also important in shaping the judgment, seeRule 54(c)and in determining whether a jury trial is warranted.

Unlike prior procedure, Rule 8(a)(2) permits the pleader to seek in his claim both legal and equitable relief, either together or in the alternative.

Behind Rule 8(b) lies the simple principle that a defendant's answer should unmistakably indicate to both Court and plaintiff precisely which aspects of the complaint are admitted, and which are controverted. Accordingly, the answer must serially respond to each paragraph of the complaint (with an exception to be discussed shortly). Only three responses are proper: (1) an admission of the allegations of the paragraph; (2) a denial of those allegations; or (3) a disclaimer of knowledge or information sufficient to form a belief as to the truth of those allegations. The provisions ofRule 15are available to relieve the defendant of the consequences of any admission subsequently discovered to be incorrect. The strictures ofRule 11apply to encourage admission of those allegations which defendant knows to be true, even if without such admission, plaintiff would be put to expense or difficulty in proving them, or might even be unable to prove them at all. SeeArena v. Luckenbach Steamship Company, 279 F.2d 186, 188- 189 (1st Cir. 1960), cert. denied, 364 U.S. 895, 81 S.Ct. 222, 5 L.Ed.2d 189 (1960): "It is difficult to believe that counsel who signed this answer had good grounds to assert, among other things, that his client did not either own, operate, or manage the vessel, that the plaintiff was not employed by the stevedore, and that he was not injured, or even aboard the vessel. It is a breach of counsel's obligation to the court to file an answer creating issues that counsel does not affirmatively believe have a basis."

Rule 8(b) thus proscribes promiscuous use of the general denial except in those rare cases where defendant (and, more important, his attorney) in good faith denies each and every allegation in the complaint. In this respect, it differs fromG.L. c. 231, § 22, which permitted "the general issue" in real and mixed actions. However, G.L. c. 231, § 25, required a separate denial "in clear and precise terms" of each "substantive fact intended to be denied," or a declaration of ignorance (cognate under Rule 8(b) to a disclaimer of knowledge or information).

If instead of denying the plaintiff's assertions (or in addition to denying them, see Rule 8(e)(2)), the defendant wishes only to controvert their effect, he may do so by the modern equivalent of the old "confession and avoidance." Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action,"G.L. c. 231, § 31.

It does not, however, seek to regulate the substantive question of distribution of the burden of producing evidence or of persuading the trier of fact. The rule merely establishes the burden of pleading, i.e., of raising the issue. On the other hand, by raising for the first time an issue on which he does not have the burden of production or persuasion, a defendant may conceivably run afoul of the doctrine of "invited error." This principle, which so far as the Reporters can determine has not yet been enunciated by the Massachusetts Court, holds that if a defendant alleges a fact, he cannot be heard to complain if the trial court charges the jury that the defendant has assumed the burden of proving that fact. The Reporters agree with Professor Moore, 2A Moore, Federal Practice, § 8.27[2], that the mere raising of the defense should not shift any burden to the defendant; they recommend this position unequivocally.

A somewhat related point concerns the possible working of an estoppel on the defendant who pleads, first, a denial of all operative allegations, then an affirmative defense. Under prior Massachusetts practice,Payson v. Macomber, 85 Mass. 69, 73 (1861), as well as under the Federal Rules, such estoppel is of doubtful validity; nonetheless cautious counsel for defendants will probably wish to preface affirmative defenses with some such language as: "If plaintiff suffered injury, as in his complaint is alleged, which is denied. . . ."

In raising an affirmative defense, whoever may be obliged to assume the burden of production and persuasion, the defendant need only give the plaintiff "fair notice," 2A Moore, Federal Practice §8.27[3]. This is of course the natural corollary of the notice pleading theory behind the Rules generally and Rule 8(a) in particular.

Rule 8(d) sets up a straightforward way of dealing with failure to deny averments:

(Video) Basic Pleadings

(1) If the averments are contained in a pleading to which a responsive pleading is authorized, the pleader must either utilize the opportunity or be taken to have waived it. Rule 8(d) makes the admission automatic.

(2) If the averments are contained in a pleading to which responsive pleading is not authorized, all averments are automatically taken to have been denied. The chief subject of this Rule will be the answer, seeRule 7(a), unless the court orders a reply.

Rule 8(e)(1) merely emphasizes the fact that under Rule 8 no technical forms of pleading are required.

Rule 8(e)(2) permits a party to state as many separate claims or defenses as he has, regardless of consistency and whether based on legal or equitable grounds. This changes prior Massachusetts practice.

Under previous Massachusetts law, besides being unable to join legal and equitable claims in one pleading, a plaintiff could not join causes of action unless they arose out of the same manner (G.L. c. 231, § 1A) or unless they belonged to the same division of actions. (G.L. c. 231, § 7 Fifth and Sixth);Twombly v. Monroe, 136 Mass. 464 (1884);Vigoda v. Barton, 338 Mass. 302, 155 N.E.2d 409 (1959). In equity practice, a bill would be objectionable as multifarious if separate and distinct wrongs, each dependent upon its own facts, were joined in a bill.Coughlin v. Coughlin, 312 Mass. 452, 456, 45 N.E.2d 388, 391 (1942).

Rule 8(e)(2) also permits a party to set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. To some extent this rule changes Massachusetts practice, which permitted different causes of action to be joined (with the exceptions mentioned previously), so long as the causes of action were stated in different counts. See G.L. c. 231, § 7 Fifth, Sixth. See alsoDavis v. H. S. & M. W. Snyder, Inc., 252 Mass. 29, 143 N.E. 319 (1925);McNulty v. Whitney, 273 Mass. 494, 174 N.E. 121 (1931). Because Rule 8(e)(2) permits the plaintiff to set forth two or more statements of a claim in one count, the rule that allegations in one count will not be read into the allegations of another count,Kenney v. Boston & Maine R.R., 301 Mass. 271, 274, 17 N.E.2d 103, 104 (1938) is eliminated.

A party's right under Rule 8(e)(2) to state claims based upon inconsistent remedies does not alter Massachusetts practice, see G.L. c. 231, § 7 (Sixth) (providing that a plaintiff shall not be required to elect between causes of action where the remedies are inconsistent). Obviously separate judgments, based upon inconsistent theories, against the same person for the same acts, cannot be outstanding simultaneously. SeeRock-Ola Mfg. Corp. v. Music & Television Corp., 339 Mass. 416, 425, 426, 159 N.E.2d 417, 419 (1959).

Rule 8(e)(2) changes practice with respect to defenses. Heretofore, at law different consistent defenses could be separately stated in the same answer or plea. SeePayson v. Macomber, 85 Mass. 69, 73 (1861). In equity, however, an answer could state as many defenses, in the alternative, regardless of consistency, as the defendant deemed essential to his defense. See S.J.C. Rule 2:12. Rule 8(e)(2) makes the equity principle applicable to all cases.

Rule 8(f) alters the prior Massachusetts rule that pleadings must be construed most strictly against the party drafting them. Hawes v. Ryder, 100 Mass. 216, 218 (1868).Hawes v. Ryder

The difference between the philosophy of Rule 8 and that of former Massachusetts pleading practice emerges vividly from a comparison of the "substantial justice" construction requirement of Rule 8(f) with G.L. c. 231, § 38: "The allegations and denials of each party shall be so construed by the court as to secure as far as possible substantial precision and certainty."

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FAQs

What is the rule 7? ›

Rule 7 – Pleadings allowed

(1) In General. A request for a court order must be made by motion. The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought.

What is Rule #10? ›

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading.

What are special damages in Massachusetts? ›

The words “special damage” in Rule 9(g) have three appropriate meanings: 1. Special damages are sometimes considered “damages not necessarily flowing from the acts set out in the declaration, and of which the defendant could not be supposed to have notice unless they were properly averred.” Baldwin v.

What is the Rule 18? ›

Rule 18. Rule 18. Joinder of claims and remedies. (a) Joinder of claims. - A party asserting a claim for relief as an original claim, counterclaim, cross claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.

What is Rule 8 all about? ›

(a) Any action to avoid collision shall be taken in accordance with the Rules of this Part and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

What is the 8th rule? ›

According to the divisibility rule of 8, if the last three digits of a given number are zeros or if the number formed by the last three digits is divisible by 8, then such a number is divisible by 8. For example, in 4832, the last three digits are 832, which is divisible by 8.

What is Rule No 9? ›

9 (also simply Rule 9) was a city ordinance in Los Angeles, California, which made it illegal for performers to "impersonate by means of costume or dress a person of the opposite sex" without a special permit from the Los Angeles Board of Police Commissioners.

What is the Rule 69? ›

The Rule of 69 is a simple calculation to estimate the time needed for an investment to double if you know the interest rate and if the interest is compound. For example, if a real estate investor can earn twenty percent on an investment, they divide 69 by the 20 percent return and add 0.35 to the result.

What does Rule 9 say? ›

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

What are the three kinds of damages you can be awarded? ›

Types of Damages in Civil Litigation
  • Compensatory Damages (also called “Actual Damages”) ...
  • The two types of compensatory damages for pecuniary loss are: ...
  • General Damages (also called “Non-Pecuniary Damages”) ...
  • Pecuniary Damages (also called “Special Damages”) ...
  • Liquidated Damages.
18 Jun 2013

What are three 3 types of damages award in a tort case? ›

Home » FAQs » What Are the 3 Types of Damages? There are 3 types of damages in personal injury claims: economic damages, non-economic damages, and punitive damages. Economic and non-economic damages may also be referred to as special and general damages.

What are the rules of pleading? ›

Fundamental rules of pleading:
  • The facts must be stated in every pleading not law.
  • Facts must be incidental to the Cause Of action.
  • All the material facts should be mentioned only.
  • The fact be mentioned not the Evidence on which relied on.
  • Facts must be concisely mentioned.
11 Aug 2021

What is Rule No 22? ›

The lights prescribed in these Rules shall have an intensity as specified in Section 8 Annex I to these Regulation so as to be visible at the following minimum ranges: (a) In vessels of 50 metres or more in length: – a masthead light.

What is Rule No 15? ›

When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

What is Rule No 13? ›

(a) Notwithstanding anything contained in the Rules of Part B, Sections I and II, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

In what way does the Rule 8 apply? ›

As soon as you identify a risk of collision, you must identify the correct action to avoid collision to ensure the vessels will pass at 'a safe distance'. You should then take that action to avoid collision as soon as it is appropriate to do so.

What are 4 characteristics of a good action taken to avoid collision as per Rule 8? ›

Actions for Rule 8 (Action to avoid a collision)
  • Positive, made in ample time and with due regard to the observance of good seamanship.
  • Alteration of course and/or speed.
  • Alteration of course alone.
  • Action which results in passing at a safe distance.
  • Allowing more time to assess the situation.

What is rule 8B? ›

8B. (1) An application for registration as a valuer under section 34AB shall be in Form N and shall be verified in the manner specified therein and shall be accompanied by a fee of Rs. 1,000 which shall not be refunded if the application is rejected.

What is difference between Rule 8 and rule of law? ›

Question: What is the difference between rule and rule of law? Answer: Rule: A rule in an established principle, a standard or a guide for action. Rules are essential for efficient and proper governance of a country. Rule of Law: The Rule of Law implies that no one is above the law.

What is the rule of law Short answers 8? ›

The rule of law means is that all laws apply equally to all citizens of the country and no one can be above the law. Neither a government official nor a wealthy person nor even the President of the country is above the law.

What is rule of law give an example class 8? ›

Rule of law means that the laws apply equally to all irrespective of caste, religion, colour, sex etc. Two people jump the signal red light and are caught by the traffic policeman. One of them pay a bribe and go scot-free.

What is Rule No 16? ›

The Central Civil Services (Conduct) Rules, 1964

(2) No Government servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties.

What is Rule No 31? ›

Rule – 31, Certificate of tax deducted at source to be furnished under section 203
(a)the provisions of sub-rule (2) are complied with;
(c)the certificates have a control number and a log of such certificates is maintained by the deductor.
1 more row
21 Mar 2018

What is the rule of 42? ›

If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the defendant consents. Upon a finding or verdict of guilty, the court must impose the punishment.

What does rule 44 mean? ›

Rule 44 requires that a party who “questions the constitutionality of an Act of Congress” in a proceeding in which the United States is not a party must provide written notice of that challenge to the clerk. Rule 44 is designed to implement 28 U.S.C.

What does rule 70 mean? ›

The rule of 70 is used to determine the number of years it takes for a variable to double by dividing the number 70 by the variable's growth rate. The rule of 70 is generally used to determine how long it would take for an investment to double given the annual rate of return.

What is the Rule 64? ›

At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment.

What is a Rule 37? ›

The purpose of Rule 37 is to establish and regulate a judicial case management system to apply at any stage after notice of intention to defend or oppose is filed.

What is the purpose of Order 7 Rule 11? ›

An observation was made in the case of Azhar Hussain v. Rajiv Gandhi (1986) that the main motive of Order 7 Rule 11 is to ascertain that litigation that barely has any meaning or is bound to prove 'abortive' is not permitted to occupy the time of the courts and exercise the minds of the defendants.

What does rule 68 mean? ›

Rule 68 is a risk-shifting tool built into the federal rules to encourage settlements and avoid unnecessary trials. The rule allows defendants to make an “offer of judgment” at any point up to 14 days before trial.

What are the six 6 types of damages under the civil law? ›

In Philippine laws, there are six kinds of damages, namely:
  • Actual or compensatory Damages.
  • Moral Damages.
  • Exemplary or corrective Damages.
  • Liquidated Damages.
  • Nominal Damages.
  • Temperate or moderate Damages.

What are the four conditions that must be met to prove negligence? ›

Proving Negligence. Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

What are examples of general damages? ›

General Damages
  • Physical pain and suffering.
  • Disfigurement.
  • Physical impairment.
  • Mental health issues.
  • Loss of love, care, and companionship.
  • Reduced quality of life.
  • Future pain and suffering.
17 May 2022

What are the 4 elements of tort? ›

The Four Elements of a Tort
  • The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured.
  • The accused committed a breach of that duty.
  • An injury occurred to you.
  • The breach of duty was the proximate cause of your injury.

What are the 8 torts? ›

Typical intentional torts are: battery, assault, false imprisonment, fraud, intentional infliction of emotional distress, defamation, invasion of privacy, trespass, and conversion.

What are the 4 most common torts? ›

Common torts include:assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress.

What is pleading in civil procedure? ›

PLEADINGS. Written allegations of parties which Comprehensively presents the material facts and highlight the issues between parties to an action.

What is pleading in civil procedure code? ›

“Pleadings” are statement of facts in writing drawn up and filed in Court by each party to a case. As per Order VI, R. 1 of Civil Procedure Code, 1908 pleading means plaint or a written statement.

What are the stages of pleadings? ›

Common pre-trial pleadings include complaint, answer, reply and counterclaim.

What is Rule No 19? ›

Rule 19 - Conduct of Vessels in Restricted Visibility

(a) This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility. (b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility.

What is Rule No 17? ›

Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-on vessel may "take action to avoid collision by her manoeuvre alone as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action.

What is 118 a rule? ›

─ Whoever makes, expresses, publishes, or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or ...

What is Rule No 14? ›

(a) When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

What is Rule No 5? ›

The Lookout Rule (or Navigation Rule 5) requires that all vessels at all times maintain a proper lookout by sight and hearing so that the operator can fully appraise the situation and the risk of collision. While the need for the rule may be obvious, its technical requirements are less clear.

What does rule 32 means? ›

At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

What is the Rule 36? ›

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

Does Rule 18 apply in Rule 10? ›

Shahbaaz Ahmad. Yes it applies as per rule 10a this rule doesnt relieve any vessel of her obligation under any other rule except sailing vessel and fishing vessel whhic has to comply with 10i and 10j.

What is Rule 15 and your action on this situation? ›

ColRegs Rule 15 governs crossing situations and states that, “when two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.”

› pages › Rule ›

As a verb, it most commonly refers to the action of a court of law in settling a legal question. When a court rules, the decision is called a ruling. As a noun,...
Definition of Rule in the Legal Dictionary - by Free online English dictionary and encyclopedia. What is Rule? Meaning of Rule as a legal term. What does Rule m...
Rule definition, a principle or regulation governing conduct, action, procedure, arrangement, etc.: the rules of chess. See more.

What is Rule 7b? ›

10. [(1) Income derived from the sale of coffee grown and cured by the seller in India shall be computed as if it were income derived from business, and twenty-five per cent of such income shall be deemed to be income liable to tax.

What is Rule 75 of the internet? ›

Rule 75: Rule 75 is a lie. OH SHI- Rule 77: The internet makes you stupid. Rule 78: There is a Wiki of it.

What do you mean by rule of law class7? ›

The rule of law means that all laws apply equally to all citizens of the country and no one is above the law. Every citizen of the country has a right to approach the courts in case laws are violated. Similarly, every citizen can also be punished for violating laws.

What is the 77 rule? ›

Rule 77(b) requires the clerk's office to be open during business hours except Saturdays, Sundays and legal holidays. Business hours refers to normal business hours as observed by the community.

What is Rule 7a? ›

Summons given to party for service. (1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons on such person and shall, in such a case, deliver the summons to such party for service.

What is Rule 60A? ›

Rule 60A provides as follows: (1) A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside. (2) An application in terms of subrule (1) shall be on notice to all parties specifying.

What is a part of Rule 7C? ›

Rule 7C Prescribe the Penalty which Assessee has to Pay if there is delay in filing of service Tax Return.

What does rule 86 mean? ›

Eighty-six or 86 is American English slang used to indicate that an item is no longer available, traditionally from a food or drinks establishment; or referring to a person or people who are not welcome in the premises.

What does rule 32 means? ›

At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

What is Rule 65 of the Rules of court? ›

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

What is simple rule law? ›

Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated. And consistent with international human rights principles.

Who defined rule of law? ›

Rule of Law History

Alexander Hamilton authored the Federalist 78. The notion of a rule of law in the history of the United States was voiced in a variety of places, notably in The Federalist. In The Federalist #78, Alexander Hamilton argues for an independent judiciary.

What are the six principles of the rule of law? ›

It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

What is the 69 rule? ›

The Rule of 69 is a simple calculation to estimate the time needed for an investment to double if you know the interest rate and if the interest is compound. For example, if a real estate investor can earn twenty percent on an investment, they divide 69 by the 20 percent return and add 0.35 to the result.

What is the Rule 64? ›

At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment.

What is the 33rd rule? ›

The 33% rule states that 33% of your time should be spent with mentors (people that challenge you), 33% with your peers (those on the same level as you), and 33% with people that you can mentor and guide.

› social-sciences-and-law ›


Rule Of Law

https://www.encyclopedia.com › social-sciences-and-law
https://www.encyclopedia.com › social-sciences-and-law
The rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual ca...
In its simplest form, the concept of the "rule of law" means that we are subject to clearly defined laws and legal principles (rather than the persona...

What is the rule of law

https://edurev.in › question › What-is-the-rule-of-law
https://edurev.in › question › What-is-the-rule-of-law
Well rule of law states that whatever laws are being applied to all the citizens of the country should be equal and no one can be above the law.. Law is equal a...

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