Legal Definitions - rule of rank

The rule of rank is a principle used in legal interpretation, particularly when analyzing statutes or regulations. It suggests that if a law lists specific items or individuals of a certain "rank" or "level," and then uses a more general phrase, that general phrase should not be understood to include items or individuals of a superior rank to those specifically mentioned.

In essence, the general words are limited to the same or a lower hierarchical level as the highest specific example provided in the text.

• Example 1: Corporate Compliance Policy

  Imagine a large corporation implements a new compliance policy stating that "all department heads, team leaders, and other personnel" must undergo an annual ethics training. The question arises whether this policy applies to the company's Chief Executive Officer (CEO) or members of its Board of Directors.

  Applying the rule of rank, the specific positions listed—department heads and team leaders—represent a particular level within the corporate hierarchy. The CEO and Board members hold significantly superior ranks. Therefore, the general phrase "other personnel" would likely be interpreted to encompass individuals at or below the level of department heads and team leaders, but not those of a higher rank like the CEO or Board of Directors, unless the policy explicitly stated otherwise.

• Example 2: Government Ethics Legislation

  Consider a state statute designed to prevent conflicts of interest, which mandates certain financial disclosure requirements for "city council members, county commissioners, and other public officials." A debate might emerge over whether this requirement extends to the state's Attorney General or a Supreme Court Justice.

  Under the rule of rank, city council members and county commissioners are specific types of public officials, typically operating at local or county levels. The Attorney General and Supreme Court Justices hold superior, statewide executive and judicial ranks, respectively. Consequently, the general phrase "other public officials" would likely be understood to refer to officials of a similar or lower administrative or elected rank than those specifically named, and would not automatically include officials of a superior rank like the Attorney General or a Supreme Court Justice.