Also known as: Principle of the Law · Principles of Law · legal principles · ALI Principles
Written by attorneys · grounded in primary & secondary sources — see below
General rules and doctrines drawn from common law, equity, and related fields that supplement the provisions of a statute, code, or restatement unless displaced by its particular terms.
Phoebe Park sued a supplier after a chemical mixture destroyed her crops. The trial judge instructed the jury on causation rules drawn from general principles of tort law that treat certain combined causes as legally sufficient even when a later frost occurred. The jury then applied those principles to the facts and awarded damages.
Perry Pratt challenged a state statute restricting contraceptive counseling. Counsel cited general principles of law and equity that recognize a protected privacy interest broader than then-existing precedent. The court applied those principles and invalidated the statute.
Select any source to read its text and confirm it supports the definition.
Preston Pratt sought a writ to compel delivery of a commission. Counsel urged the court to follow general principles of law that courts should declare statutes unconstitutional when they conflict with higher law. The court accepted those principles and established the practice of judicial review.
Phoenix Technologies faced a large punitive award after selling repainted cars. Counsel argued that general principles of law recommending limits on punitive damages to avoid arbitrary results should guide the constitutional analysis. The court applied those principles and reduced the award.
Premier Manufacturing challenged a university policy denying funds to certain student publications. Counsel relied on general principles of law that government funding decisions must remain viewpoint neutral. The court applied those principles and struck down the policy.
Pavel Petrov objected to admission of a recorded statement at his trial. Counsel urged the court to follow general principles of law that the confrontation right requires live cross-examination of testimonial statements. The court accepted those principles and excluded the statement.
Principles projects make no pretense of being bound by existing law and are explicitly recommendations for change. Restatements aim to restate governing rules in a coherent and systematic way firmly grounded in existing case law.
A court may turn to Principles recommendations when no statute or binding precedent fixes a specific standard of conduct and the project supplies a proposed rule for the court or jury to apply to the facts.
Bar questions focus on black-letter rules from Restatements and statutes. Principles appear mainly to illustrate reform proposals or to supply persuasive authority when existing doctrine is unsettled.
…nor forbid the court to issue a mandamus for a duty not depending on executive discretion but on acts of Congress and general principles of law. This view is not novel. In 1792 an act directing the Secretary at War to place on the pension list disabled officers reported by the circuit courts was deemed unconstitutional so far as…