When there are two rules or laws, one general and one specific, the specific rule takes precedence over the general rule. For instance, if there is a general rule prohibiting pets in the building but a specific rule allowing service animals, the specific rule takes precedence and permits service animals in the building.
The principle that specific rules take precedence over general rules is illustrated by various examples. For instance, in an employee handbook, a general rule may prohibit the use of personal phones during work hours. However, if there is a specific rule allowing phone usage for work-related purposes, the specific rule would supersede the general rule. Similarly, in traffic laws, a general rule may establish a speed limit of 65 mph on a highway. Nevertheless, if a specific rule reduces the speed limit to 55 mph in a construction zone, the specific rule would override the general rule. This legal principle ensures that specific rules are given priority over general rules in cases of conflict, promoting fairness and consistency in legal decision-making.
This Latin phrase means that specific provisions override general provisions. In other words, when there is a conflict between a general rule and a specific rule, the specific rule takes precedence.
In contract law, this principle is used to interpret conflicting terms in a contract. Specific terms will prevail over general terms if there is a conflict.
Yes, this principle can be applied in criminal law when interpreting conflicting statutes or laws. Specific criminal laws will take precedence over general criminal laws.
Yes, this principle can be used in administrative law to resolve conflicts between general administrative regulations and specific regulations.
In tax law, specific tax provisions will override general tax provisions when there is a conflict, in accordance with this principle.
Yes, this principle is recognized in international law and is used to interpret conflicting international treaties and agreements.
In some cases, parties may explicitly waive this principle in a contract or agreement, allowing general provisions to take precedence over specific provisions.
Companies and individuals must ensure that they comply with specific regulations, even if they conflict with general regulations, in order to adhere to this legal principle.
There may be certain circumstances or legal doctrines that create exceptions to this principle, depending on the specific area of law and the context of the conflict.
It is important to carefully analyze the specific and general provisions in question, seek legal advice if necessary, and consider any relevant case law or legal precedent to ensure proper application of this principle.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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