The Residuum Rule is a principle in administrative law stating that if an agency decision relies on hearsay evidence, it must be supported by some good evidence in order to be upheld by a court. However, federal and state courts do not frequently apply this rule.
The residuum rule is a principle in administrative law that requires agency decisions to be supported by competent evidence, rather than hearsay. However, federal and state courts have generally rejected this rule. For instance, if a government agency investigates a company for environmental violations and includes hearsay evidence in its decision to fine the company, the company can appeal the decision. If the court applies the residuum rule, it will only uphold the agency’s decision if there is additional competent evidence supporting the violation. This example demonstrates how the residuum rule functions in practice, ensuring that agency decisions are based on reliable evidence and are not arbitrary or capricious.
The residuum rule is a legal principle that states that when a statute does not specify the disposition of property or funds, they will revert to the state or government.
The residuum rule applies when a statute or legal document does not provide clear instructions on what should happen to property or funds in a particular situation.
In estate planning, the residuum rule can come into play if a will or trust does not clearly address the distribution of all assets. In such cases, the residuum rule may determine how any remaining assets are distributed.
Yes, the residuum rule can be overridden by a valid will or trust that clearly specifies the distribution of all assets. It is important to have a comprehensive estate plan to avoid the application of the residuum rule.
If the residuum rule applies to a deceased person’s estate, any remaining assets will be distributed according to the laws of intestacy, which determine how assets are distributed when there is no valid will.
The residuum rule may apply to unclaimed property, where the state or government may become the rightful owner of the property if the original owner cannot be located.
Yes, the residuum rule can apply to business assets if there are no clear instructions on how they should be distributed in the event of dissolution or liquidation.
To avoid the application of the residuum rule, individuals should ensure that their estate planning documents are comprehensive and clearly specify the distribution of all assets.
Yes, the residuum rule can apply to government funds or property if there are no specific instructions on how they should be handled in a particular situation.
A lawyer can provide guidance on estate planning, wills, trusts, and other legal documents to ensure that the residuum rule does not apply to your assets. They can also assist with resolving any disputes or issues related to the application of the residuum rule.
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: 17th April 2024.
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