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Legal Definitions - rule of right
Definition of rule of right
The rule of right refers to the specific legal principle, statute, or foundational document that establishes or grants a particular right. It is the underlying authority or source from which a right originates, providing its legal basis and justification.
Here are a few examples to illustrate this concept:
- Constitutional Right to Vote: A citizen, upon reaching the age of 18, registers and casts their ballot in a national election.
The rule of right in this scenario is the Twenty-Sixth Amendment to the U.S. Constitution, which states that the right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. This amendment is the foundational rule that gives rise to and protects the individual's right to vote.
- Statutory Right to Minimum Wage: An entry-level employee working at a retail store receives an hourly wage that meets the federally mandated minimum.
The rule of right here is the Fair Labor Standards Act (FLSA), a federal statute. This law sets the minimum wage requirements for most employees in the United States, thereby establishing the employees' right to be paid at least that amount for their labor.
- Contractual Right to Product Delivery: A customer purchases a new appliance online and expects it to be delivered to their home within the promised timeframe.
The rule of right in this commercial transaction is the sales contract or terms of service agreed upon during the purchase. The conditions outlined in that agreement, whether explicit or implied, are the rules that establish the customer's right to receive the product as specified and within the agreed delivery window.
Simple Definition
The "rule of right" refers to the fundamental principle, law, or standard that serves as the origin or basis for a specific right. It is the underlying rule that establishes the existence and validity of that right.