Point of Order: A Key Concept in Parliamentary Law and Procedure

Q: How does a chair respond to a point of order?

The chair can either accept the point, ruling it sustained, or reject it, ruling it overruled.

Q: Can anyone raise a point of order?

Yes, any member of the assembly can raise a point of order when they believe a rule has been violated.

Q: What happens if a point of order is overruled?

If a point of order is overruled, the meeting continues without addressing the alleged breach.

Definition & Meaning

A point of order is a procedural term used in parliamentary law. It is raised during discussions about a motion to highlight an alleged breach of the assembly's rules of order. When a member of the assembly believes that the rules are not being followed, they can call a point of order to draw the chair's attention to the issue. The chair then has the authority to either accept or reject the point of order. If the chair accepts it, the point is considered sustained; if not, it is overruled.

Table of content

Legal Use & context

Points of order are primarily used in legislative and organizational settings where parliamentary procedure governs the conduct of meetings. This term is relevant in various legal contexts, including:

Legislative assemblies
Board meetings
Committee hearings

Understanding how to properly raise a point of order can help individuals navigate meetings more effectively. Users can find templates and resources at US Legal Forms to assist with drafting motions and understanding parliamentary procedures.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: During a board meeting, a member raises a point of order because they believe a proposed motion violates the organization's bylaws. The chair reviews the bylaws and decides to sustain the point of order, preventing the motion from proceeding.

Example 2: In a legislative session, a senator calls a point of order to address a procedural error in the debate process. The chair overrules the point, allowing the debate to continue as planned. (hypothetical example)

Comparison with related terms

Term	Definition	Difference
Point of Order	A call to attention regarding a breach of rules.	Focuses on procedural violations.
Motion to Reconsider	A request to review a decision made previously.	Concerns revisiting past decisions rather than rule violations.
Point of Information	A request for clarification about the rules or procedures.	Seeks information rather than addressing a breach.

Common misunderstandings

What to do if this term applies to you

If you believe that a point of order needs to be raised during a meeting, follow these steps:

Clearly identify the alleged breach of rules.
Wait for an appropriate moment to address the chair.
Politely call a point of order, stating the specific rule that has been violated.

For assistance with drafting motions or understanding procedures, consider exploring the legal form templates available at US Legal Forms. If the situation is complex, consulting a legal professional may be beneficial.

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Quick facts

Attribute	Details
Usage	Parliamentary meetings, legislative sessions
Outcome	Sustained or overruled
Authority	Chair of the meeting

Key takeaways

Frequently asked questions

What is a point of order?

A point of order is a procedural request made during a meeting to address an alleged breach of the assembly's rules.