aiding and abetting breach of fiduciary duty massachusetts abbreviation

best nhl betting forum

You are visiting Fidelity. This web site is intended to be made available only to individuals in the United States. Nothing on this site betalen met bitcoins to usd be considered a solicitation to buy or an offer to spread betting vs cfdcu a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction and none of the securities, products or services described herein have been authorized to be solicited, offered, purchased or sold outside of the United States of America. By using this site, you consent to the use of cookies which collect information about site visitors. To continue to this site, you must acknowledge that you understand and agree to these terms of use by clicking "I Accept" below. Cookies may be used for a number of purposes such as security, site personalization, and analytics and may collect a variety of information such as date and time of visits, pages viewed, and access devices used.

Aiding and abetting breach of fiduciary duty massachusetts abbreviation dr robert bettinger richmond va

Aiding and abetting breach of fiduciary duty massachusetts abbreviation

An amendment to an existing will. The codicil changes only the items mentioned in it, not the entire will. Property which has been committed to guarantee a loan. This may be the property being purchased by the loan as in a car or other property pledged as a guarantee such as a certificate of deposit or other financial instrument.

A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court, or to defraud a third party. For example, if the partners in a marriage agree to lie about the duration of their separation in order to secure a divorce. A formal group of experts brought together on a regular or ad hoc basis to debate matters within their sphere of expertise, and with regulatory or quasi-judicial powers such as the ability to license activity in that sphere of activity or to subpoena witnesses.

A committee only has those powers which have been assigned to it by the constituent assembly. Most are merely created to study matters in detail and to then report to the larger group. Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Judges seek these principles out when trying a case and apply the precedents to the facts to come up with a judgment.

Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection. Equity law developed after common law to offset the rigid interpretations medieval English judges were giving the common law. For hundreds of years, there were separate courts in England and its dependents: one for common law and one for equity, and the decisions of the latter, where they conflicted, prevailed.

The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares e. A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives, and which is empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

A principle of tort law which looks at the negligence of the victim. A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to a professional inspection, the results of which are satisfactory to the purchaser.

A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs. The obvious or implied forgiveness of a fault. Generally used in reference to divorces which can be obtained by showing a fault of the other spouse, such as adultery or cruelty.

A statement made by a person suspected or charged with a crime, that he or she did, in fact, commit that crime. A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprised typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.

Latin term meaning an agreement, a meeting of the minds between the parties where all understand the commitments made by each. This is a basic requirement for each contract. Common law did not allow gratuitous offers, those made without anything offered in exchange such as gifts , to be given the protection of contract law, so the criterium of consideration was created.

Consideration is not required in contracts made in civil law systems, and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. To leave an item of property in the custody of another. An item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another. The consignee is the person who receives the property and the consignor is the person who ships the property to the consignee.

Ownership does not pass in the act of consignment. An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators. The basic law or laws of a nation or a state which sets out how that state will be organized by deciding the powers and authorities of government between different political units, and by stating the basic principles of society.

Constitutions are not necessarily written and may be based on aged customs and conventions, as is the case in England and New Zealand the USA, Canada and Australia all have written constitutions. The legal process of interpreting a phrase or document; of trying to find its meaning. Whether it is a contract or a statute, there are times when a phrase may be unclear or have several meanings. Generally, there are two types of construction methods: literal strict or liberal.

Under the employment law of some states, a fundamental violation of the rights of an employee, by the employer, may be so severe that judges will consider it a situation in which the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer. For example, if an employer tries to force an employee to accept a drastic demotion, the employee may have a case for constructive dismissal and would be able to assume that the employment contract has been ended and seek compensation from a court.

A trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust contrast with express trusts and resulting trusts. An act of defiance of court authority or dignity. Contempt of court can be direct swearing at a judge or violence against a court officer or constructive disobeying a court order.

The punishment for contempt is a fine or a brief stay in jail i. Lawyers generally receive compensation by either a straight hourly rate e. In those countries that allow them, they are very prevalent in personal injury cases. An agreement between persons which obliges each party to do or not to do a certain thing. The three requirements of a valid contract are an offer, an acceptance of that offer, and, in common law countries, consideration.

That body of law which regulates the enforcement of contracts. Contract law is as old as civilization, since a legal system was created to support and to facilitate trade. There are some minor differences on points of detail such as the English law requirement that every contract contain consideration. More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law.

Contract law is the basis of all commercial dealings from buying a movie ticket to trading on the stock market. The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.

The innocence of the defendant who took the property is not an issue. It is the conversion that gives rise to the cause of action. A written document transferring property from one person to another. In real estate law, the conveyance usually refers to the actual document which transfers conveys ownership, between persons living i. The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused.

It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. The right of literary property protected by law. The holder of the copyright is invested in the sole right to reproduce, publish, and sell the artistic or literary production.

A public official who holds an inquiry into violent or suspicious deaths. A coroner has the power to summon people to an inquest. A punishment which involves the infliction of pain on, or harm to the body for some violation of conduct. A fine or imprisonment is not considered to be corporal punishment in the latter case, although the body is confined, no punishment is inflicted upon the body.

The death penalty is the most drastic form of corporal punishment and is also called capital punishment. Spanking, whipping, or bodily mutilation inflicted as punishment are forms of corporal punishment. Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings. It is legally an entity empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, to own property, hire employees, or loan and borrow money.

The primary advantage of for-profit corporations is that it provides its shareholders with a right to participate in the profits by dividends without any personal liability, because the company or corporation absorbs the entire liability. Generally, a financial payment made to the successful party to a lawsuit, recoverable from the losing party. In most states, the court has the final say on costs and may decide not to make an order on costs. A formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government.

It can be contrasted with a commission which, although also a body of experts, is typically given regulatory powers in addition to a role as advisor to the government. Archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases. A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts.

They are very common in real property dealings and are used to restrict land use such as amongst shopping mall tenants or for the purpose of preserving heritage property. An act or omission prohibited by criminal law. The acts are defined by each state, setting out a limited series of acts crimes which are prohibited and punishing the commission of these acts by a fine, imprisonment or some other form of punishment.

In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse. Synonymous with adultery. In old English law, this was a claim for damages the husband could institute against the adulterer. That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government.

A principle of land ownership which has been greatly tempered by case law limiting ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly. It is more than simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another. An archaic term meaning the yard surrounding a residence or dwelling house which is reserved for or used by the occupants for their enjoyment or work.

Curtilage may or may not be enclosed by fencing and includes any outhouses such as stand-alone garages or workshops. It is a term sometimes used in a search warrant which calls for a search of the residence and curtilage of a particular person. Charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health, and welfare.

Custody, without qualification, usually refers to a combination of physical custody and legal custody. Damages are a typical request made of a court when persons sue for breach of contract or tort. Also known as capital punishment. The most severe form of corporal punishment. Forms of the death penalty include hanging, lethal injection, gassing, firing squad and has included use of the guillotine. The act of beheading a person, usually instantly such as with a large and heavy knife or by guillotine, as a form of capital punishment.

This form of capital punishment is still in use in some Arab countries, notably Saudi Arabia. The name given to the final and conclusive court order after the condition of a decree nisi which see is met. A provisional decision of a court not having force or effect until a certain condition is met, such as another petition being brought before the court, or after the passage of a period time.

Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue a decree nisi, which would have no force or effect until a period of time passed 30 days or 6 months. When the conditions are met, the decision becomes a decree absolute which see.

A written and signed document setting out the actions that must be carried out or recognitions of the parties towards a certain object. Under older common law, a deed had to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document. The word deed is also most commonly used in the context of real estate because these transactions must usually be signed and in writing. To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status.

Latin: as a matter of fact; something which exists in fact even if not necessarily lawful or legally sanctioned. For instance, a common law spouse may be referred to as a de facto wife or de facto husband: although not legally married, they live and carry on their lives as if married. A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure which see government.

Defaulting on a debt or other obligation by one who has to account for public or trust funds. Usually used in the context of public officials. Defalcation has another legal meaning, referring to the setting-off of two debts owed between two people by the agreement to a new amount representing the balance.

The two previous debt instruments are canceled and replaced by the new one. A side-contract containing a condition which, if realized, could defeat the main contract. The person, company or organization defending a legal action taken by a plaintiff. The court will be asked to order damages or specific corrective action to redress some type of unlawful or improper action alleged by the plaintiff against the defendant.

French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate. For example, a de jure government is one which has been created in respect of constitutional law. It will be in all ways legitimate even though a de facto government may be in control.

One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a person to whom an authority or decision-making power has been delegated to from a higher source, cannot, in turn, delegate it again to another, unless the original delegation explicitly so authorizes. A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default.

A demand letter sets out why the payment or action is claimed, how it should be carried out e. Demand letters are not always prerequisites for a legal suit but there are exceptions, such as legal action on promissory notes or if the contract requires it. They are often used in business contexts as a courtesy attempt to maintain some goodwill between business parties. A coined word created by diplomats, referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence.

Demarches are often precursors to hostilities or war. A common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. A motion put to a trial judge by the defendant, asking the court to reject the petition of the plaintiff because of a lack of basis in law or insufficient evidence.

This occurs after the plaintiff has completed his or her case. The defendant is neither objecting to the facts presented nor responding by a full defense. This motion has been abolished in many states and, instead, any such arguments are to be made while presenting a regular defense to the petition.

Latin: new. This term is used to refer to a trial which starts over, wiping the slate clean and beginning all over again, as if any previous partial or complete hearing had not occurred. To remove a foreign national to his home country or another country, under immigration laws. Such removal is usually based on reasons such as illegal entry or conduct dangerous to the public welfare.

Grounds for deportation vary from country to country. The official statement by a witness taken in writing as opposed to testimony which where a witnesses give their perception of the facts verbally. Affidavits are the most common kind of depositions. Grandchildren are descendants of their grandfather, as children are descendants of their natural parents.

The law also distinguishes between collateral descendants and lineal descendants which see. A common law action involving the possession of property by the defendant but belonging to the plaintiff, asking the court for the return of the property. The plaintiff may also ask for damages for the duration of the possession. This action opens the personal representative to personal liability for the loss. Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis.

A trust in which the settlor has given the trustee full discretion to decide which and when members of a group of beneficiaries are to receive either the income or the capital of the trust. A term of maritime law meaning an officer or other seaman is either demoted in rank or deprived of a promotion. To disagree. The word is used in legal circles referring to the minority opinion of a judge which runs contrary to the conclusions of the majority.

The act of ending, terminating or winding-up a company or state of affairs. The same is said of marriage or partnerships which, by dissolution, end the legal relationship between those persons formally joined by the marriage or partnership. The right of a landlord to seize the property of a tenant in the premises rented by the tenant, as collateral. This collateral is against a tenant who has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises.

A legal action to reclaim goods that have been distrained is called replevin which see. A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Abbreviation for deoxyribonucleic acid which is a chromosome molecule carrying genetic coding unique to each person with the only exception being identical twins. Through a laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, or blood and be matched against DNA discovered at a crime scene or on a victim.

This evidence may be used to scientifically implicate an accused. It can also be used to match DNA between parents in a paternity suit. An official court record book listing all the cases before the court and which may also note the status or action required for each case. The permanent residence of a person; a place to which, even if he or she were temporarily absent, they intend to return. In law, it is said that a person may have many residences but only one domicile. Used when referring to easements to specify that property i.

Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Latin: the property rights of a tenant. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death.

In most jurisdictions, real property cannot be transferred by these death-bed gifts. Another word describing the beneficiary of a trust. Also used to describe the person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney. The person donating property for the benefit of another, usually through the legal mechanism of a trust. Latin: bring with you.

A term of US law referring to fundamental procedural legal safeguards to which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen. The most basic right protected under the due process doctrine is the right to be given notice, and the opportunity to be heard. The term is now also in use in other countries, again to refer to basic fundamental legal rights such as the right to be heard.

Latin: for so long as she remains chaste. Separation agreements years ago used to contain dum casta clauses which said that if the woman were to start another relationship, she forfeited her entitlement to maintenance. A house having separate but complete facilities to accommodate two families, either as adjacent units or one on top of the other.

Contracts signed under duress are voidable. In many places, conviction of a crime is prevented if one can prove that he was forced or threatened into committing the crime although this defense may not be available for serious crimes. Every easement has a dominant and a servient tenement which see. Easements also can be classified as negative or affirmative.

A negative easement prevents the servient land owner from doing certain things stated in the easement agreement. An affirmative easement is the most common and allows the beneficiary of the easement to do certain things, such as maintain a right-of-way. See also canon law.

The body of church-made law which binds only those persons recognizing it, usually only church officers, and is based on aged precepts of canon law. Emancipation today refers to the point at which a child is free from parental control. The term was also used when slavery was legal to describe the condition of a former slave who had bought or been given freedom from his or her master. An order prohibiting ships or goods from leaving a certain port, city, or territory.

This is an act of international military aggression and may be enforced by military threat of destruction of any vehicle that attempts to break the embargo, or by trade penalties. The word can also refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation. The money or property may be legally in the possession of the embezzler but not his property.

It is the conversion of the money or property to his own personal use that constitutes embezzlement. For example, an employee could embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use. The legal power of a governmental entity to expropriate private land for the sake of public necessity, even if the owner objects.

Also sometimes called condemnation. A legal term referring to all wages or other benefits received as compensation for holding some office or employment. Based on ancient Roman law. A prolonged for many years or in perpetuity rental of real property which includes the exclusive enjoyment by the tenant of all products of that real property and the exercise of all property rights typically reserved for the property owner, such as mortgaging the property for the term of the emphyteusis or permitting a right of way.

Something written on the back of a document. One example of an endorsement is a signature on the back of a bill of exchange e. The transfer of money or property usually as a gift to a public organization for a specific purpose, such as medical research or scholarships. A technique by law enforcement officers or their agents to induce the commission of a crime so that the person induced to commit the crime can be charged.

This technique, because it involves artificially provoking and abetting the commission of a crime, which is itself a criminal offence, is severely curtailed under the constitutional law of many states. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts.

The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. Many legal rules, in countries that originated with English law, have equity-based law such as the law of trusts and mortgages.

The legal act of returning property to the government upon the death of the owner, because there is nobody to inherit the property. The placement of money or a document with a third disinterested person , to be held by that person until the terms of a contract or agreement between two or more other persons are met.

The property is then released according to the terms of the agreement or contract. Thus, when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B then takes action, person A cannot later, to his or her benefit, deny those facts or say that his or her earlier act was improper. See also living will. Proof of the fact s presented at a trial. The best and most common method is by oral testimony, in which you have an eye-witness swear to tell the truth and to then relate to the court or jury their experience.

Evidence is essential in convincing the judge or jury of your facts as the judge or jury is expected to start off with no preconceived idea or knowledge of the facts. It is therefore up to the opposing parties to prove by providing evidence , to the satisfaction of the court or jury , the facts needed to support their case.

Besides oral testimony, an object can be deposited with the court e. But if the case is to be decided ex aequo et bono, the strict rule of law is overridden and the case and requires instead a decision based on what is fair and just given the circumstances. To question your own witness under oath. Witnesses are introduced to a trial by their examination-in-chief. At that time they answer questions asked by the lawyer representing the party which called them to the stand.

Something that excuses or justifies a wrong action. Executor That person specifically appointed by a testator to administer the will ensuring that final wishes are respected i. An executor is a personal representative. Any item presented to the court as evidence in a trial.

An exhibit is given a number or letter by the court clerk as introduced and referenced by the identification when referred to during the trial. Objects or documents can be exhibits, and, except with special permission of the court, exhibits are locked up in court custody until the trial is over.

Ex parte refers to those proceedings where one of the parties did not received notice and, therefore, is neither present nor represented. The choice not to attend, after notification, does not constitute an ex parte proceeding. Some jurisdictions expand the definition to include any proceeding that goes undefended, even though proper notice has been given. One who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country.

These laws are constitutionally prohibited in most modern democracies. A trust created by the settlor, with the clear intent that such a trust be created, usually in the form of a document e. This contrasts with trusts which come to being through the operation of the law and are not resulting from the clear intent or decision of any settlor to create a trust.

See constructive trust. To physically erase; to white or strike out. The use of violence or fear, or the pretense of authority, to force a person to give up property. Extradition is the arrest and return of a person in one country or state for a crime committed in another country or state.

Extradition treaties and agreements exist between many governments. For instance, if two persons steal a car and the car crashes, the passenger cannot sue the driver for damages, since the passenger knew the car to be stolen and was a free participant in the theft and subsequent accident. If vehicle crashes injuring the passenger, there is no action in tort against the driver under the ex turpi causa non oritur actio principle.

A hypothetical number representing the most probable price that would be paid for a property by average, informed purchasers. A term referring to the ownership of property and meaning the most extensive tenure allowed under the feudal system, allowing the tenant to sell or convey by will or to transfer to an heir if the owner dies intestate.

In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law. A form of tenure under the feudal system which allowed property to be transferred to a lineal descendant only. In default of lineal descendants upon the death of the tenant, the land reverted back to the lord. Any crime for which the punishment is prison for more than a year, or death. Crimes of less gravity are called misdemeanors which see.

The social structure existing throughout much of Europe between and C. Tenants held land from the lord in exchange for loyalty and goods or services, such as military assistance, money, or goods in kind.

In exchange, the tenant would be protected from attack. A fiduciary is person, synonymous to a trustee, who has rights and powers which would normally belong to another person and strict obligations in carrying out those rights. For instance, the fiduciary must exercise those rights only for the benefit of the beneficiary; must not allow any conflict of interest to affect their duties towards the beneficiary; and must exercise a high standard of care in protecting or promoting the interests of the beneficiary.

Fiduciary responsibilities also exist for persons other than trustees, such as between lawyer and client or principal and agent. A writ of fieri facias is executed after a judgment is entered against an individual to pay a debt. It commands a sheriff or other officer of the court to take property from the person who lost the law suit and sell enough to pay the debt owed by the judgment. French for an act of God which see. An inevitable, unpredictable act of nature, not dependent on an act of man.

Used in insurance contracts to refer to acts of nature such as earthquakes or lightning. The technical meaning of the word is to wipe out a right of redemption on a property. A foreclosure generally takes place when payment on a mortgage is not made.

Since a borrower retains an equitable right of redemption on property meaning he can make all back payments and retain ownership even though there have been no present payments, it is necessary to clear the title of this potential.

To do this, a lender goes to court, demonstrates the default, and requests that a date be set where the entire amount becomes payable. This cancels all rights a borrower would have in the property and the property then belongs entirely to the lender, who is then free to possess or sell the property. Deliberate, deceitful conduct designed to manipulate another person to give something of value by 1 lying; 2 repeating something that is or ought to have been known by the fraudulent party as false or suspect; or 3 concealing a fact from the other party which may have saved that party from being cheated.

The existence of fraud will cause a court to void a contract and can give rise to criminal liability. A special right granting the full use of real estate for an indeterminate time. It differs from leasehold which see , which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail. One who owns freehold property rights i. One who runs away to avoid arrest, prosecution or imprisonment. Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.

Goods comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, which can be easily replaced by other, identical goods. Sale of items by weight or number is good evidence that they are fungible. A Latin expression meaning that mentally impaired persons cannot validly sign a will.

This is frequently used in the enforcement of child support where delinquent debtors will be subjected to salary garnishment. A percentage of their wages is subtracted directly off their pay-check and directed to the person in need of support the employer being the garnishee. Many states have a law making garnishment illegal.

A wooden mallet used by a judge to bring proceedings to a start or end or to command attention in court. Multilateral international treaty first created in and frequently amended most recently in providing for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The senior lawyer of a corporation, normally a full-time employee of the corporation.

Some corporations contract this position out to a lawyer with a private firm. A device used in wills and trusts providing for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient. For example, a testator leaves rental property to an individual but that individual must give the property to his child upon his own death.

That is a gift over to the benefit of the child. An intangible business asset which includes a cultivated reputation and therefore the attraction and confidence of repeat customers and connections. An American criminal justice procedure whereby, in each court district, a group of citizens holds an inquiry on criminal complaints brought by the prosecutor and decides if a trial is warranted, in which case an indictment is issued.

An act or an omission in reckless disregard of the consequences to the safety or property of another. It is far more than neglect of ordinary care towards others or inadvertence. Also known as the Latin term culpa lata. A person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract.

An individual who is given custody of both the property and the person of one who is unable to manage his own affairs, such as a child or a mentally-disabled person. This is done by legal appointment or by the effect of a written law. A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. Latin: a court petition ordering that a person being detained must be produced before a judge for a hearing to decide whether the detention is lawful.

Habeas corpus was one of the concessions the British monarchy made in the Magna Carta and it still stands as a basic individual right against arbitrary arrest and imprisonment. A person who is repeatedly convicted and sentenced for crimes over a period of time, even after serving sentences of incarceration, thereby demonstrating a propensity towards criminal conduct. Reformation techniques fail to alter the behavior of the habitual offender.

Many countries now have special laws that requiring long-term incarceration, without parole, of habitual offenders as a means of protecting society against an individual who appears unable to comply with the law. Unsolicited words or conduct tending to annoy, alarm or abuse another person. Any conduct or comment that is known or ought to be known to be unwelcome. See also sexual harassment. Any evidence offered by a witness of which they do not have direct knowledge. Hearsay testimony is a repetition of what others have said to the witness, not a recitation of personal knowledge, and is not allowed.

When testifying in court one can only provide information of which one has direct knowledge. Some states recognize holograph wills, other do not. All occasions and acts whereby one human being, by act or omission, takes away the life of another. Murder and manslaughter are different kinds of homicides and have varying degrees depending on circumstances and motives. Executing a death-row inmate is another form of homicide, but one which is excusable or justifiable in the eyes of the law.

Another excusable homicide is the killing of an armed suspect by a law officer, when a suspect who draws a weapon or shoots at that officer. During an examination-in-chief, a lawyer is not allowed to ask leading questions of his own witness. Since a jury is required to make a unanimous or near unanimous verdict, the result is a mistrial. A special right that married persons have to keep communications between themselves secret and even inaccessible to a court of law.

This privilege may vary from state to state, but it has always been held to be lifted when one spouse commits a crime against the other. See also client-attorney privilege. An incorporeal right which is attached to property and which is inheritable. A right or title in property that cannot be made void, defeated, or canceled by any past event, error, or omission in the title. This makes long and expensive title searches unnecessary. A formal accusation returned by a Grand Jury, charging a person with a serious crime.

It is on the basis of an indictment that an accused person must stand trial. A court order which prohibits an activity by a party restrictive injunction or compels the party to a specific action mandatory injunction. Latin: at the beginning or on the threshold. Latin: both parties are equally at fault.

Latin: All legal rights are either in personam or in rem which see. An in personam right is a personal right attached to a specific person. In rem rights are property rights and enforceable against the entire world. Latin: All legal rights are either in personam or in rem. In rem rights are proprietary in nature; related to the ownership of property and not based on any personal relationship, as is the case with in personam rights.

A person unable to pay his or her debts as they become due. Legal drafters use this term to precede a list of examples or samples covered by a more general descriptive statement. Sometimes an inter alia list is used to make absolutely sure that users of the document understand that the general description covers a certain element which was covered in the general description anyway without, in any way, restricting the scope of the general element to include other things that were not singled out in the inter alia list.

A temporary court order intended to be of limited duration, usually just until the court has had an opportunity of hearing the full case and make a final order. An addition of verbiage to a document after it has been signed. Such additions are of none effect unless they are initialed by the signatories and, if applicable, witnesses e. Proceedings taken during the course of, and incidental to, a trial. These decisions intervene after the start of a suit and decide some issue other than the final decision itself.

Examples can include procedures or applications made which are to assist a case in preparing its case or of executing judgment once obtained e. A person who, without legal right, runs a business e. A combination of treaties and customs which regulates the conduct of states amongst themselves. The highest judicial authority of international law is the International Court of Justice and the administrative authority is the United Nations.

Latin: from one living person to another living person. For example, an inter vivos trust is one which the settlor sets up to take effect while he or she is still alive. Another example is the sale of a life estate which can only occur between persons living; i.

The law as interpreted from the Koran. Under Islamic law, the religion of Islam and the government are one. There is no separation or church and state. Islamic law is controlled, ruled and regulated by the Islamic religion and purports to regulate all public and private behavior, including personal hygiene, diet, sexual conduct, and child rearing.

It is probably best known for deterrent punishment, which is the basis of the Islamic criminal system. A false boast by someone intended to increase his standing at the expense of another. The tort of slander of title which see is a form of jactitation. It is a prerequisite to most bar admission exams.

A legal term allowing each party having liability to be sued for the entire amount of damages done by all the parties. A child custody decision in which both parents share joint legal custody and joint physical custody. When two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner s so that, eventually, the entire share is held by one person.

Judicial review is a fundamental principle of administrative law. Latin, from Roman law: by right, under legal authority or by the authority of the law. Statutes articulate the rules of law, with only rare reference to actual situations. Latin: word which, in Roman law, meant the law or a right.

Latin: referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Some courts have said that a jus spatiandi is a special type of easement. A state of affairs in which conduct or action is both fair and right, given the circumstances.

In law, the paramount obligation to ensure that all persons are treated fairly. The forcible taking and carrying away of someone by force and against his will. This includes unlawfully confining someone for ransom, or as a hostage, or to harm them in any way. See also abduction.

Relationship by blood. Lineal kin are those related in a direct line, such as mother and son. Collateral kin are those descended from a common ancestor, such as brothers with the same father. Next of kin is a term relating to the person most closely related to someone.

To wrongfully take advantage of the time it takes a check deposited in one bank to be collected at another. Kiting allows a person to use funds that are not his own by drawing checks against deposits that have not yet actually cleared the bank. A rule which allows a peace officer to break into and enter a house to serve a warrant or carry out an arrest.

He must first announce his authority and purpose. If he is refused admittance he may then break open a door or window for entry. To act with knowledge; willfully; consciously. To act knowingly in relation to an offense is to carry out an action with full knowledge that it is done and that it carries a predictable result.

A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation. A land or building owner who has leased the land, the building or a part of the land or building, to another person. The offence of theft now covers most cases of larceny. But larceny is wider than theft as it includes the taking of property of another person by whatever means by theft, overtly , by fraud, by trickery, etc.

All the rules of conduct that have been approved by the government and which are in force over a certain territory and which must be obeyed by all persons on that territory eg. Violation of these rules could lead to government action such as imprisonment or fine, or private action such as a legal judgement against the offender obtained by the person injured by the action prohibited by law.

A special kind of contract between a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant.

Written and approved laws. Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means.

A common example is allowing a person to walk across your lawn which, if it were not for the license, would constitute trespass. Licenses are revocable at will unless supported by a contract and, as such, differs from an easement the latter conveying a legal interest in the land. A common example is the shopping mall to which access by the public is on the basis of an implied license.

A property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. It may involve possession of the object until the debt is paid or it may be registered against the object especially if the object is real estate. Ultimately, a lien can be enforced by a court sale of the property to which it attached and then the debt is paid off from the proceeds of the sale. The estate reverts back to the grantor or to some other person , at the death of the person to whom it is given.

The rights of the life tenant are restricted to conduct which does not permanently change the land or structures upon it. A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his or her investment. Limited partners, though, have no right to manage the partnership. Limited partners are usually just investors or promoters who seek the tax benefits of a partnership.

The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors. Lis pendens Latin: a dispute or matter which is the subject of ongoing or pending litigation. A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Contrasts with liberal construction which allows for the input from other factors such as the purpose of the document being interpreted.

An archaic legal word from the feudal system referring to the actual legal transmission of possession of an object to another. The king would give exclusive possession of the land, i. A writ of livery also developed which allowed persons to sue for possession of land under the feudal system.

Living wills would, for example, inform medical staff not to provide extraordinary life-preserving procedures on the body if the maker of the document is incapable of expressing himself and is suffering from an incurable and terminal condition. The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law LL. These are basic prerequisites to admission to the practice of law in many states. Long arm statutes. Each court is bound to a territorial jurisdiction and does not normally have jurisdiction over persons that reside outside of that territory.

Long-arm statutes are a tool which gives a court jurisdiction over a person even though the person no longer resides in the territorial limits of the court. King John had ruled tyrannically and his barons rebelled, committing themselves to war with the crown unless the King agreed to the Charter.

Referring to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. A writ commanding an individual, organization e. Accidental homicide or homicide which occurs without an intent to kill and which does not occur during the commission of another crime or under extreme provocation.

The state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Most countries do not recognize polygamous marriages, but marriage between same-sex couples is becoming increasingly recognized. This is a common way to structure a large real estate purchase.

The appointment of a mediator who acts to assist the parties in a dispute in communicating and essentially negotiating a settlement. This is the most popular form of alternative dispute resolution ADR. Mediation does not involve adjudication of the issues in dispute or the forcing of a compromise; only the parties, of their own volition, can shift their position in order to achieve a settlement.

Generally, in the world of commerce or international negotiations, an MOU is considered to be a preliminary document; not a comprehensive agreement between two parties but rather an interim or partial agreement on some elements, in some cases a mere agreement in principle, on which there has been accord. In other words, the prosecution must prove not only that the accused committed the offence but that he or she did it knowing that it was prohibited; that their act or omission was done with an intent to commit a crime.

A person who is legally underage, varying between 21 and 18 years of age. Each state sets an age threshold at which time a person is invested with all legal rights as an adult. For many new adults, the most important rights mean access to places serving alcohol and the right to purchase and consume alcohol, smoke cigarettes, and drive a car. But there are many other legal rights which a minor does not have such as, in some states, the right to own land, to sign a contract or to get married.

The official record of a meeting. Some minutes include a summary not verbatim of the discussion along with any resolutions. Other minutes just contain a record of the decisions. Minutes usually start off with the name of the organization, the place and date of the meeting and the name of those persons present. On December 16, , Hanover filed the original complaint against the defendants. On December 21, , the defendants brought a joint emergency. On January 23, , the judge allowed Hanover's motion to continue the trial, setting it for February 6, The trial did not begin, however, until February 13, We see no abuse of discretion in scheduling an early trial date under the circumstances of this case.

First, the judge may have been concerned as the defendants argued in their emergency motion that Hanover's complaint was an effort by a potential competitor to squelch competition and, therefore, any delay could cause irreparable harm to a start-up venture. Moreover, as the defendants state, Hanover precipitated the speedy trial by demanding several forms of equitable relief in its complaint, including preliminary injunctions against the business activities of O'Brien, Sutton, and IPI.

Accordingly, an expedited resolution of Hanover's complaint protected the interests of all parties. We agree. Hanover has made such a showing here. The limitation on discovery to events before June, , was error in view of the allegations concerning Hanover's nonsolicitation agreement with O'Brien, which did not end until December, Accordingly, we remand the case for discovery concerning events relevant to count VI and VII, see infra section 6 from June 1 through December 31, If warranted by such discovery, the trial judge shall set aside the verdict and grant a new trial on count VI.

If nothing material took place. Protective order. On January 19, , the judge issued a protective order which governed the handling of all documents, testimony, and other information filed during discovery and other proceedings in the action. The order provided that confidential material could be used only for the purpose of preparing for and conducting the action and not for any business or other purpose. The order limited the disclosure of the confidential material to specific individuals named in the order.

On appeal, Hanover argues among other things that the reach of the protective order, at least as it related to expert witnesses, was error. The judge responded, "No. Leave experts out of it at this point. Leave experts out.

It seems to me that if we proceed with damages we will have time to show experts this information. Then I can measure actually what we are talking about. On the fifth day of trial, the issue came up again. The judge allowed the experts to examine the material saying:.

But I am going to give you hopefully a fair opportunity to use whatever exhibits that are in this case for the preparation of your damage testimony. So your expert may now have access to all such exhibits. If you wish to make copies of them, you may do so. The originals will remain in this court. And as to that, his examination will [be] considered to be under the so-called protective order or confidentiality order. Hanover did not object to the lateness of the ruling. Assuming without deciding that Hanover preserved this issue for appeal, we find no error.

The protective order was issued as an exercise of the judge's discretion to protect the defendants from Hanover's request for information regarding their development of business contacts and other competitively sensitive documents. Moreover, there was no harm to Hanover from the protective order as the judge ultimately permitted Hanover's expert witnesses to review the confidential information prior to testifying.

No prejudice was shown from the delay in their viewing this information. Fiduciary duty instruction. Hanover claimed against Sutton for breach of fiduciary duty, alleging that during Sutton's employment with Hanover, he actively competed with Hanover, solicited Hanover's customers, and acted in his own interest to the detriment of Hanover.

The jury found for Sutton. Hanover contends that the judge's erroneous charge on count I infected all the jury verdicts insofar as they related to Sutton's conduct. Specifically it claims error in the judge's refusal to instruct the jury that 1 notwithstanding the fact that an employee at-will can secretly prepare to compete with his employer, he cannot actively compete; and 2 an employee may not solicit the customers of his employer during his employment.

These are correct statements of law. See Chelsea Indus. Gaffney, Mass. See also Augat, Inc. Aegis, Inc. Orion Ventures, Inc. The judge instructed as follows: "I have outlined on that board the four elements of the claim and those elements are: duty, and breach, and damage, and causation.

And what I shall do is now discuss with you in more detail each of those four elements. Judgment notwithstanding the verdict. After the jury returned a verdict in favor of Sutton on the breach of fiduciary duty claim, [Note 19] Hanover moved for judgment notwithstanding the verdict, pursuant to Mass. The judge allowed the.

Goverman, Mass. Stoneham Hous. See O'Shaughnessy v. Besse, 7 Mass. The general test is whether "anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the [party prevailing at trial].

Plymouth, Mass. It can rarely be ruled as matter of law that the party having the burden of proof has sustained that burden. Rosen, Mass. In allowing such motions, the Federal cases construing the analogous Fed. Gatenby v. Altoona Aviation Corp. American Dredging Co. Such evidence is produced where the party's "own binding testimony precludes a verdict for him. The judge allowed Hanover's motion on the ground that Sutton had a duty to disclose the Covenant opportunity to Hanover before appropriating it for his own benefit, and he failed to do so.

Demoulas Super Markets, Inc. In applying the doctrine to the evidence in this case, we conclude that the result reached by the judge is supported by the evidence and that no reasonable inference could otherwise be drawn than in favor of Hanover. The corporate opportunity doctrine is based on "the principle that corporate directors and officers are bound by their duty of loyalty to subordinate their self-interests to the well being of the corporation.

A person who owes a fiduciary duty to a corporation is prohibited from taking, for personal benefit, an opportunity or advantage that belongs to the corporation. Rather than limiting the doctrine's coverage only to those instances where the proposed venture is demonstrably similar to existing and prospective corporate activities, the focus is on the paramount obligations of the fiduciary.

In Demoulas, the court imposed a duty on the fiduciary to fully disclose to the corporation the corporate opportunity. See Energy Resources Corp. Porter, 14 Mass. Accordingly, where the fiduciary discloses the corporate opportunity to the corporation, and the decision about whether the opportunity is in the corporation's best interest is made by disinterested members of the corporation rather than by the fiduciary, conflict may be avoided and fairness to the corporation better ensured.

Demoulas, supra at In sum, to satisfy a fiduciary's duty of loyalty, an officer who seeks to pursue a corporate opportunity must. Otherwise, the officer. With this standard in mind, we next examine the corporate opportunity that the judge found was usurped in violation of Sutton's fiduciary duty to Hanover.

As previously stated, the judge concluded that the Covenant opportunity represented a corporate opportunity that rightfully belonged to Hanover and was diverted from it in a breach of fiduciary duty. Covenant's status as a diverted corporate opportunity is based on the following evidence. As previously summarized, Sutton and Kittel discussed the notion of establishing a business enterprise to link property and casualty insurance companies.

After reviewing their proposal, Northington, where Grochmal was employed, agreed to try to raise capital to fund the proposal. In March, , after learning that Covenant was in receivership, Northington pursued the possible acquisition of Covenant for the benefit of Sutton and Kittel's business enterprise.

Northington's intent was to acquire Covenant and then implement Sutton and Kittel's business plan by establishing a network of local property and casualty insurance companies,. On August 2, , Northington executed a letter of intent with the Connecticut Insurance Department for the proposed restructuring and acquisition of Covenant. The letter of intent was signed by Northington on behalf of IPI, a to-be-formed corporation. In granting judgment notwithstanding the verdict, the judge stated that he inferred from the evidence that Sutton had the level of knowledge concerning the Covenant opportunity that was detailed and analyzed in the IPI business plan and had the duty to disclose this opportunity to Hanover with that degree of specificity.

Sutton, however, testified that he did not believe that he saw the plan. Hence it could be inferred that he might not have known the level of detail contained therein. The defendants, therefore, argue that the judge erred in the inference he drew. We agree that the judge's inference in favor of the moving party was improper.

See Moose v, Massachusetts Inst. Of Technology, 43 Mass. Smerling, 37 Mass. See also Cherick Distribs. Polar Corp. However, we conclude, from Sutton's own testimony, that even if he did not have the level of knowledge inferred by the judge, he had sufficient knowledge of the Covenant opportunity to require disclosure to Hanover before diverting it for his own benefit.

Sutton testified that he knew that Northington, the company working with him on his proposed business venture, was attempting to acquire Covenant when it went into receivership. He further stated that Northington made him aware of its intent to acquire the company and then implement the plan he and Kittel had.

McFaden v. Nordblom, Mass. Maldonado v. Thomson Natl. Press Co. The defendants further argue that the Covenant situation was not a corporate opportunity that Hanover would have pursued. However, "the existence of a[n]. The nondisclosure of a corporate opportunity is, in itself, unfair to a corporation and a breach of fiduciary duty. We, therefore, affirm the allowance of Hanover's motion for judgment notwithstanding the verdict. Damages entered on count I. Hanover claims error in the denial of this motion.

Because the jury found for the defendant on count 1, and so did not reach the issue of damages, Hanover complains that it was deprived of the chance of having a jury decide its damages for lost corporate opportunity. Though ruling in Hanover's favor on count I upon Hanover's motion for judgment notwithstanding the verdict, the judge concluded that the evidence of the value of lost corporate opportunity introduced at trial was too uncertain to go to a jury, awarded nominal damages, and ordered equitable relief under count V.

See Van Brode Group, Inc. Hanover sought to prove its damages for lost corporate opportunity by introducing evidence of the value of Covenant licenses as of May 24, , the date of their transfer to IPI. Hanover claims that the corporate opportunity it lost by Sutton's breach of loyalty was the chance to acquire those licenses. Over objection, Hanover's expert, Herman Shwide, was permitted to testify as to the value of the Covenant licenses.

In determining the remedy for Sutton's breach, the judge properly considered the gain to Sutton through his usurping of the corporate opportunity. In the absence of evidence at trial regarding Sutton's profits derived from his stock purchase, [Note 27] the judge appropriately granted Hanover equitable relief under count V. Count III - G. Hanover and IPI both challenge the sufficiency of the judge's findings of fact. IPI argues that. We affirm. While the judge's findings on count III were abbreviated, they were made just after he made his extensive findings on count V.

He explicitly based his conclusion that IPI had violated c. He also found that a proposed insurer such as Covenant "would have been of great interest" to Hanover. We conclude that sufficient facts were found to support the finding of liability on count III. IPI contends a IPI did not come into existence until after the Covenant opportunity expired and, therefore, it could not be liable for a breach of Sutton's fiduciary duty; b the conduct complained of arose out of the employment context, and thus is shielded from c.

IPI also argues that the judge erred in awarding attorneys' fees because Hanover recovered only nominal damages of one dollar. We reject these claims. The judge found that Sutton's duty to disclose the Covenant opportunity to Hanover arose during the period from May, , through August 2, , the date when the opportunity was diverted to IPI. IPI argues that it did not come into existence until after this period and, therefore, could not have aided and abetted Sutton in his breach of fiduciary duty.

See Coken Co. Department of Pub. Works, 9 Mass. IPI claims there was not only a name change, but rather a complete financial and structural reorganization of SKA. Conduct arising out of the employment context. Zuckerman, Mass.

See Augat, Inc. SKA's engagement in "trade or commerce. Grochmal sought funds for the new venture and on August 2, , negotiated a letter of intent for the purchase of a restructured Covenant Mutual. The letter of intent was discussed with Sutton and the record shows that it was between "Insurance Partnerships, Inc. It was signed by the chairman of Northington, "[o]n behalf of Insurance Partnerships, Inc. These activities come within the rubric of "trade or commerce" as defined in c.

General Laws c. There was no error in finding a c. Attorneys' fees. IPI argues that the judge erred in awarding attorneys' fees under G. Under s. American Employers Ins. IPI argues that Hanover suffered no "adverse effect" and claims that this is evident in the award of only nominal damages which cannot be considered equivalent to an "adverse effect.

See note 29, supra. Rather than finding that Hanover suffered no adverse effect, the judge, as is evident from his findings on count I, considered the extent of the damages to be "uncertain" and not quantifiable. See note 25, supra. IPI violated c. A constructive trust was placed on Sutton's shares and an injunction issued against IPI enjoining it from transferring these shares.

This is not a case where the only recovery is in the form of attorneys' fees, see Jet Line, supra at , and the fee award here falls within the statutory provision allowing an award of. Aastar Mort. We turn to the arguments of Hanover and IPI who both claim that the judge erred in calculating the amount of attorneys' fees under count III. Hanover contends that the judge abused his discretion in entering an award that was internally inconsistent with his written decision.

In his order on counsel fees, the judge stated, "In the court's judgment, counsel submitted hourly rates [that] are consistent with rates charged by competent counsel in the Boston area of comparable standing and skill in comparable cases with similar outcomes achieved at trial. While the judge accepted the rates submitted by Hanover's counsel, there were other factors - the reasonableness of the time spent by counsel, and the results achieved which include the other issues in the case on which Hanover was unsuccessful - warranting the judge's reduction in the amount of fees requested.

In contrast, IPI argues that the judge erred in not limiting the award of attorneys' fees to provable hours directly attributable to the G. We recognize that, "[f]or services to be compensable under Chapter 93A, there must be a relationship 'between the depth of the services provided and what is at stake. Sequoia Pac. Mutual Fed.

CRICKET BETTING TIP

A trust in which all the duties imposed upon the trustee have been performed or any conditions or terms have come to fruition, such that there is no longer any impediment to the transfer of the property to the beneficiary. The trust is then said to have become passive for the trustee. A litigation specialist; a lawyer who restricts his or her practice to the court room. In England and some other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors.

Solicitors have exclusive privileges of advising clients and providing legal advice. Barristers have exclusive privileges of appearing in a court on behalf of a client. In England, barristers and solicitors work as a team: a solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for the duration of the litigation.

Canadian lawyers, like American attorneys, can litigate or give legal advice. An illegitimate child, born of a relationship between two persons not married i. Conception out of wedlock does not usually constitute bastardy. Literally, one who benefits. Trusts are made to advantage a beneficiary i. An international copyright treaty based on the principle of national treatment, called the Convention for the Protection of Literary and Artistic Works.

It was signed at Berne, Switzerland in and amended several times, as late as A written order, for instance a check, from one person the payor to another the payee , signed by the payor. It requires the person to whom it is addressed to pay on demand or at some fixed future date , a certain sum of money, to either the person identified as payee or to any person presenting the bill of exchange.

A check is a bill of exchange giving the order to pay to a bank. A document used by a transport company acknowledging receipt of goods, and serving as title for the purpose of transportation. A trust set up by a settlor who cannot assert any power over the trust other than the right to terminate the trust. Property belonging to no person, and which may be claimed by a finder. In some states, the government becomes owner of all bona vacantia property. Illegitimate; illegitimacy; bastardy.

Born of parents who were not married to each other at the time of birth. To fail to perform what one promised to perform under the terms of a contract. Proving breach of contract is a prerequisite for any suit for damages based on the contract. Homosexual activity is gradually being decriminalized, but bestiality is illegal in most countries.

A rule of evidence requiring that a fact be proved or the contrary fact will be assumed by the court. They must prove the accused guilty because innocence is presumed. The law of the Christian Church having little or no legal effect today. Canon law refers to the body of law which has been set by the Christian Church and which, in almost all countries, is not binding upon citizens and has virtually no recognition in the judicial system.

Some citizens resort to canon law, however, for procedures such as marriage annulments to allow for a Christian church marriage where one of the parties has been previously divorced. Many churchgoers and church officers abide by rulings and doctrines of canon law. Also known as the death penalty, capital punishment has been banned in many countries.

In the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offenses such as murder. Law based on the entire collection of published legal decisions of the courts.

These decisions contribute to a large part of the legal rules which apply in modern society. In other words, the rule is not in the statute books but can is principle of law, or precedent, established by a judge in some recorded case. The word jurisprudence has become synonymous for case law. Literally, let the buyer beware. This means that buyers should examine and check for themselves anything which they intend to purchase, and that the vendor cannot be held responsible for the condition of the thing bought.

A writ of certiorari is a form of judicial review. A court may be asked to consider a legal decision of an administrative tribunal, judicial office or organization e. For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.

A person who has never voluntarily had sexual intercourse outside of marriage, such as unmarried virgins. Today, it refers to any moveable item of property which is neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. A piano is chattel but an apartment building, a tree or a concrete building foundation are not. The opposite of chattel is real property which includes lands or buildings.

All property which is not real property is said to be chattel. An interest given on moveable property chattel other than real property, in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed. Examples may include salaries, debts, insurance claims, shares in companies, and pensions. Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven.

In some cases, there may be evidence essential to prove a case that cannot be proven directly, such as with an eye-witness. An order of a court to either do a certain thing or to appear before it to answer charges. The citation is typically used for lesser offences such as traffic violations because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail. The penalty for failing to obey a citation is often a warrant for the arrest of the defendant.

Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow.

Something kept purposely from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose. Disparate lawsuits combined by the plaintiffs in to a single action because the circumstances and defendant are identical.

This saves court time and allows one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transportation company together in a class action suit. An English case which established a presumption that monies withdrawn from a money account are presumed to be debits from those monies first deposited.

First in, first out. The proper citation is Devaynes v. Noble 1 Mer. A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct. A right of the client of a lawyer to have any information or words spoken by the client to the lawyer during the provision of the legal services to that client, kept strictly confidential.

This includes being shielded from testimony before a court of law. The client may, expressly or impliedly, waive the privilege. It may also be waived by the lawyer if the disclosure of the information may prevent a serious crime in an exceptional case. An amendment to an existing will. The codicil changes only the items mentioned in it, not the entire will. Property which has been committed to guarantee a loan.

This may be the property being purchased by the loan as in a car or other property pledged as a guarantee such as a certificate of deposit or other financial instrument. A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court, or to defraud a third party.

For example, if the partners in a marriage agree to lie about the duration of their separation in order to secure a divorce. A formal group of experts brought together on a regular or ad hoc basis to debate matters within their sphere of expertise, and with regulatory or quasi-judicial powers such as the ability to license activity in that sphere of activity or to subpoena witnesses.

A committee only has those powers which have been assigned to it by the constituent assembly. Most are merely created to study matters in detail and to then report to the larger group. Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years.

Judges seek these principles out when trying a case and apply the precedents to the facts to come up with a judgment. Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection. Equity law developed after common law to offset the rigid interpretations medieval English judges were giving the common law.

For hundreds of years, there were separate courts in England and its dependents: one for common law and one for equity, and the decisions of the latter, where they conflicted, prevailed. The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared.

They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares e. A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives, and which is empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

A principle of tort law which looks at the negligence of the victim. A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to a professional inspection, the results of which are satisfactory to the purchaser.

A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs.

The obvious or implied forgiveness of a fault. Generally used in reference to divorces which can be obtained by showing a fault of the other spouse, such as adultery or cruelty. A statement made by a person suspected or charged with a crime, that he or she did, in fact, commit that crime. A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprised typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.

Latin term meaning an agreement, a meeting of the minds between the parties where all understand the commitments made by each. This is a basic requirement for each contract. Common law did not allow gratuitous offers, those made without anything offered in exchange such as gifts , to be given the protection of contract law, so the criterium of consideration was created.

Consideration is not required in contracts made in civil law systems, and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract. To leave an item of property in the custody of another. An item can be consigned to a transportation company, for example, for the purpose of transporting it from one place to another.

The consignee is the person who receives the property and the consignor is the person who ships the property to the consignee. Ownership does not pass in the act of consignment. An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators. The basic law or laws of a nation or a state which sets out how that state will be organized by deciding the powers and authorities of government between different political units, and by stating the basic principles of society.

Constitutions are not necessarily written and may be based on aged customs and conventions, as is the case in England and New Zealand the USA, Canada and Australia all have written constitutions. The legal process of interpreting a phrase or document; of trying to find its meaning. Whether it is a contract or a statute, there are times when a phrase may be unclear or have several meanings.

Generally, there are two types of construction methods: literal strict or liberal. Under the employment law of some states, a fundamental violation of the rights of an employee, by the employer, may be so severe that judges will consider it a situation in which the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer.

For example, if an employer tries to force an employee to accept a drastic demotion, the employee may have a case for constructive dismissal and would be able to assume that the employment contract has been ended and seek compensation from a court.

A trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust contrast with express trusts and resulting trusts. An act of defiance of court authority or dignity. Contempt of court can be direct swearing at a judge or violence against a court officer or constructive disobeying a court order. The punishment for contempt is a fine or a brief stay in jail i.

Lawyers generally receive compensation by either a straight hourly rate e. In those countries that allow them, they are very prevalent in personal injury cases. An agreement between persons which obliges each party to do or not to do a certain thing. The three requirements of a valid contract are an offer, an acceptance of that offer, and, in common law countries, consideration. That body of law which regulates the enforcement of contracts. Contract law is as old as civilization, since a legal system was created to support and to facilitate trade.

There are some minor differences on points of detail such as the English law requirement that every contract contain consideration. More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law.

Contract law is the basis of all commercial dealings from buying a movie ticket to trading on the stock market. The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred. The innocence of the defendant who took the property is not an issue.

It is the conversion that gives rise to the cause of action. A written document transferring property from one person to another. In real estate law, the conveyance usually refers to the actual document which transfers conveys ownership, between persons living i.

The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. The right of literary property protected by law. The holder of the copyright is invested in the sole right to reproduce, publish, and sell the artistic or literary production.

A public official who holds an inquiry into violent or suspicious deaths. A coroner has the power to summon people to an inquest. A punishment which involves the infliction of pain on, or harm to the body for some violation of conduct. A fine or imprisonment is not considered to be corporal punishment in the latter case, although the body is confined, no punishment is inflicted upon the body.

The death penalty is the most drastic form of corporal punishment and is also called capital punishment. Spanking, whipping, or bodily mutilation inflicted as punishment are forms of corporal punishment. Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings. It is legally an entity empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, to own property, hire employees, or loan and borrow money.

The primary advantage of for-profit corporations is that it provides its shareholders with a right to participate in the profits by dividends without any personal liability, because the company or corporation absorbs the entire liability. Generally, a financial payment made to the successful party to a lawsuit, recoverable from the losing party. In most states, the court has the final say on costs and may decide not to make an order on costs.

A formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government. It can be contrasted with a commission which, although also a body of experts, is typically given regulatory powers in addition to a role as advisor to the government. Archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases. A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts.

They are very common in real property dealings and are used to restrict land use such as amongst shopping mall tenants or for the purpose of preserving heritage property. An act or omission prohibited by criminal law. The acts are defined by each state, setting out a limited series of acts crimes which are prohibited and punishing the commission of these acts by a fine, imprisonment or some other form of punishment.

In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse. Synonymous with adultery. In old English law, this was a claim for damages the husband could institute against the adulterer.

That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. A principle of land ownership which has been greatly tempered by case law limiting ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly. It is more than simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another.

An archaic term meaning the yard surrounding a residence or dwelling house which is reserved for or used by the occupants for their enjoyment or work. Curtilage may or may not be enclosed by fencing and includes any outhouses such as stand-alone garages or workshops.

It is a term sometimes used in a search warrant which calls for a search of the residence and curtilage of a particular person. Charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health, and welfare.

Custody, without qualification, usually refers to a combination of physical custody and legal custody. Damages are a typical request made of a court when persons sue for breach of contract or tort. Also known as capital punishment. The most severe form of corporal punishment. Forms of the death penalty include hanging, lethal injection, gassing, firing squad and has included use of the guillotine. The act of beheading a person, usually instantly such as with a large and heavy knife or by guillotine, as a form of capital punishment.

This form of capital punishment is still in use in some Arab countries, notably Saudi Arabia. The name given to the final and conclusive court order after the condition of a decree nisi which see is met. A provisional decision of a court not having force or effect until a certain condition is met, such as another petition being brought before the court, or after the passage of a period time.

Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue a decree nisi, which would have no force or effect until a period of time passed 30 days or 6 months. When the conditions are met, the decision becomes a decree absolute which see. A written and signed document setting out the actions that must be carried out or recognitions of the parties towards a certain object. Under older common law, a deed had to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document.

The word deed is also most commonly used in the context of real estate because these transactions must usually be signed and in writing. To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. Latin: as a matter of fact; something which exists in fact even if not necessarily lawful or legally sanctioned. For instance, a common law spouse may be referred to as a de facto wife or de facto husband: although not legally married, they live and carry on their lives as if married.

A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure which see government. Defaulting on a debt or other obligation by one who has to account for public or trust funds. Usually used in the context of public officials. Defalcation has another legal meaning, referring to the setting-off of two debts owed between two people by the agreement to a new amount representing the balance.

The two previous debt instruments are canceled and replaced by the new one. A side-contract containing a condition which, if realized, could defeat the main contract. The person, company or organization defending a legal action taken by a plaintiff. The court will be asked to order damages or specific corrective action to redress some type of unlawful or improper action alleged by the plaintiff against the defendant. French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.

For example, a de jure government is one which has been created in respect of constitutional law. It will be in all ways legitimate even though a de facto government may be in control. One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a person to whom an authority or decision-making power has been delegated to from a higher source, cannot, in turn, delegate it again to another, unless the original delegation explicitly so authorizes.

A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default. A demand letter sets out why the payment or action is claimed, how it should be carried out e. Demand letters are not always prerequisites for a legal suit but there are exceptions, such as legal action on promissory notes or if the contract requires it.

They are often used in business contexts as a courtesy attempt to maintain some goodwill between business parties. A coined word created by diplomats, referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence.

Demarches are often precursors to hostilities or war. A common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. A motion put to a trial judge by the defendant, asking the court to reject the petition of the plaintiff because of a lack of basis in law or insufficient evidence. This occurs after the plaintiff has completed his or her case.

The defendant is neither objecting to the facts presented nor responding by a full defense. This motion has been abolished in many states and, instead, any such arguments are to be made while presenting a regular defense to the petition. Latin: new. This term is used to refer to a trial which starts over, wiping the slate clean and beginning all over again, as if any previous partial or complete hearing had not occurred.

To remove a foreign national to his home country or another country, under immigration laws. Such removal is usually based on reasons such as illegal entry or conduct dangerous to the public welfare. Grounds for deportation vary from country to country. The official statement by a witness taken in writing as opposed to testimony which where a witnesses give their perception of the facts verbally. Affidavits are the most common kind of depositions. Grandchildren are descendants of their grandfather, as children are descendants of their natural parents.

The law also distinguishes between collateral descendants and lineal descendants which see. A common law action involving the possession of property by the defendant but belonging to the plaintiff, asking the court for the return of the property.

The plaintiff may also ask for damages for the duration of the possession. This action opens the personal representative to personal liability for the loss. Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis.

A trust in which the settlor has given the trustee full discretion to decide which and when members of a group of beneficiaries are to receive either the income or the capital of the trust. A term of maritime law meaning an officer or other seaman is either demoted in rank or deprived of a promotion. To disagree. The word is used in legal circles referring to the minority opinion of a judge which runs contrary to the conclusions of the majority.

The act of ending, terminating or winding-up a company or state of affairs. The same is said of marriage or partnerships which, by dissolution, end the legal relationship between those persons formally joined by the marriage or partnership. The right of a landlord to seize the property of a tenant in the premises rented by the tenant, as collateral.

This collateral is against a tenant who has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises. A legal action to reclaim goods that have been distrained is called replevin which see. A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Abbreviation for deoxyribonucleic acid which is a chromosome molecule carrying genetic coding unique to each person with the only exception being identical twins.

Through a laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, or blood and be matched against DNA discovered at a crime scene or on a victim. This evidence may be used to scientifically implicate an accused. It can also be used to match DNA between parents in a paternity suit. An official court record book listing all the cases before the court and which may also note the status or action required for each case.

The permanent residence of a person; a place to which, even if he or she were temporarily absent, they intend to return. In law, it is said that a person may have many residences but only one domicile. Used when referring to easements to specify that property i. Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership.

Latin: the property rights of a tenant. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. In most jurisdictions, real property cannot be transferred by these death-bed gifts. Another word describing the beneficiary of a trust. Also used to describe the person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney.

The person donating property for the benefit of another, usually through the legal mechanism of a trust. Latin: bring with you. A term of US law referring to fundamental procedural legal safeguards to which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen.

The most basic right protected under the due process doctrine is the right to be given notice, and the opportunity to be heard. The term is now also in use in other countries, again to refer to basic fundamental legal rights such as the right to be heard.

Latin: for so long as she remains chaste. Separation agreements years ago used to contain dum casta clauses which said that if the woman were to start another relationship, she forfeited her entitlement to maintenance. A house having separate but complete facilities to accommodate two families, either as adjacent units or one on top of the other. Contracts signed under duress are voidable. In many places, conviction of a crime is prevented if one can prove that he was forced or threatened into committing the crime although this defense may not be available for serious crimes.

Every easement has a dominant and a servient tenement which see. Easements also can be classified as negative or affirmative. A negative easement prevents the servient land owner from doing certain things stated in the easement agreement. An affirmative easement is the most common and allows the beneficiary of the easement to do certain things, such as maintain a right-of-way. See also canon law. The body of church-made law which binds only those persons recognizing it, usually only church officers, and is based on aged precepts of canon law.

Emancipation today refers to the point at which a child is free from parental control. The term was also used when slavery was legal to describe the condition of a former slave who had bought or been given freedom from his or her master. An order prohibiting ships or goods from leaving a certain port, city, or territory. This is an act of international military aggression and may be enforced by military threat of destruction of any vehicle that attempts to break the embargo, or by trade penalties.

The word can also refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation. The money or property may be legally in the possession of the embezzler but not his property. It is the conversion of the money or property to his own personal use that constitutes embezzlement.

For example, an employee could embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use. The legal power of a governmental entity to expropriate private land for the sake of public necessity, even if the owner objects. Also sometimes called condemnation. A legal term referring to all wages or other benefits received as compensation for holding some office or employment.

Based on ancient Roman law. A prolonged for many years or in perpetuity rental of real property which includes the exclusive enjoyment by the tenant of all products of that real property and the exercise of all property rights typically reserved for the property owner, such as mortgaging the property for the term of the emphyteusis or permitting a right of way.

Something written on the back of a document. One example of an endorsement is a signature on the back of a bill of exchange e. The transfer of money or property usually as a gift to a public organization for a specific purpose, such as medical research or scholarships. A technique by law enforcement officers or their agents to induce the commission of a crime so that the person induced to commit the crime can be charged.

This technique, because it involves artificially provoking and abetting the commission of a crime, which is itself a criminal offence, is severely curtailed under the constitutional law of many states. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment.

The kings delegated this special judicial review power over common law court rulings to chancellors. Many legal rules, in countries that originated with English law, have equity-based law such as the law of trusts and mortgages. The legal act of returning property to the government upon the death of the owner, because there is nobody to inherit the property. The placement of money or a document with a third disinterested person , to be held by that person until the terms of a contract or agreement between two or more other persons are met.

The property is then released according to the terms of the agreement or contract. Thus, when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B then takes action, person A cannot later, to his or her benefit, deny those facts or say that his or her earlier act was improper. See also living will. Proof of the fact s presented at a trial. The best and most common method is by oral testimony, in which you have an eye-witness swear to tell the truth and to then relate to the court or jury their experience.

Evidence is essential in convincing the judge or jury of your facts as the judge or jury is expected to start off with no preconceived idea or knowledge of the facts. It is therefore up to the opposing parties to prove by providing evidence , to the satisfaction of the court or jury , the facts needed to support their case.

Besides oral testimony, an object can be deposited with the court e. But if the case is to be decided ex aequo et bono, the strict rule of law is overridden and the case and requires instead a decision based on what is fair and just given the circumstances. To question your own witness under oath. Witnesses are introduced to a trial by their examination-in-chief. At that time they answer questions asked by the lawyer representing the party which called them to the stand.

Something that excuses or justifies a wrong action. Executor That person specifically appointed by a testator to administer the will ensuring that final wishes are respected i. An executor is a personal representative. Any item presented to the court as evidence in a trial. An exhibit is given a number or letter by the court clerk as introduced and referenced by the identification when referred to during the trial.

Objects or documents can be exhibits, and, except with special permission of the court, exhibits are locked up in court custody until the trial is over. Ex parte refers to those proceedings where one of the parties did not received notice and, therefore, is neither present nor represented. The choice not to attend, after notification, does not constitute an ex parte proceeding. Some jurisdictions expand the definition to include any proceeding that goes undefended, even though proper notice has been given.

One who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country. These laws are constitutionally prohibited in most modern democracies. A trust created by the settlor, with the clear intent that such a trust be created, usually in the form of a document e. This contrasts with trusts which come to being through the operation of the law and are not resulting from the clear intent or decision of any settlor to create a trust.

See constructive trust. To physically erase; to white or strike out. The use of violence or fear, or the pretense of authority, to force a person to give up property. Extradition is the arrest and return of a person in one country or state for a crime committed in another country or state. Extradition treaties and agreements exist between many governments.

For instance, if two persons steal a car and the car crashes, the passenger cannot sue the driver for damages, since the passenger knew the car to be stolen and was a free participant in the theft and subsequent accident. If vehicle crashes injuring the passenger, there is no action in tort against the driver under the ex turpi causa non oritur actio principle.

A hypothetical number representing the most probable price that would be paid for a property by average, informed purchasers. A term referring to the ownership of property and meaning the most extensive tenure allowed under the feudal system, allowing the tenant to sell or convey by will or to transfer to an heir if the owner dies intestate.

In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law. A form of tenure under the feudal system which allowed property to be transferred to a lineal descendant only. In default of lineal descendants upon the death of the tenant, the land reverted back to the lord.

Any crime for which the punishment is prison for more than a year, or death. Crimes of less gravity are called misdemeanors which see. The social structure existing throughout much of Europe between and C. Tenants held land from the lord in exchange for loyalty and goods or services, such as military assistance, money, or goods in kind. In exchange, the tenant would be protected from attack. A fiduciary is person, synonymous to a trustee, who has rights and powers which would normally belong to another person and strict obligations in carrying out those rights.

For instance, the fiduciary must exercise those rights only for the benefit of the beneficiary; must not allow any conflict of interest to affect their duties towards the beneficiary; and must exercise a high standard of care in protecting or promoting the interests of the beneficiary. Fiduciary responsibilities also exist for persons other than trustees, such as between lawyer and client or principal and agent. A writ of fieri facias is executed after a judgment is entered against an individual to pay a debt.

It commands a sheriff or other officer of the court to take property from the person who lost the law suit and sell enough to pay the debt owed by the judgment. French for an act of God which see. An inevitable, unpredictable act of nature, not dependent on an act of man.

Used in insurance contracts to refer to acts of nature such as earthquakes or lightning. The technical meaning of the word is to wipe out a right of redemption on a property. A foreclosure generally takes place when payment on a mortgage is not made. Since a borrower retains an equitable right of redemption on property meaning he can make all back payments and retain ownership even though there have been no present payments, it is necessary to clear the title of this potential.

To do this, a lender goes to court, demonstrates the default, and requests that a date be set where the entire amount becomes payable. This cancels all rights a borrower would have in the property and the property then belongs entirely to the lender, who is then free to possess or sell the property. Deliberate, deceitful conduct designed to manipulate another person to give something of value by 1 lying; 2 repeating something that is or ought to have been known by the fraudulent party as false or suspect; or 3 concealing a fact from the other party which may have saved that party from being cheated.

The existence of fraud will cause a court to void a contract and can give rise to criminal liability. A special right granting the full use of real estate for an indeterminate time. It differs from leasehold which see , which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail. One who owns freehold property rights i.

One who runs away to avoid arrest, prosecution or imprisonment. Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. Goods comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, which can be easily replaced by other, identical goods.

Sale of items by weight or number is good evidence that they are fungible. A Latin expression meaning that mentally impaired persons cannot validly sign a will. This is frequently used in the enforcement of child support where delinquent debtors will be subjected to salary garnishment.

A percentage of their wages is subtracted directly off their pay-check and directed to the person in need of support the employer being the garnishee. Many states have a law making garnishment illegal. A wooden mallet used by a judge to bring proceedings to a start or end or to command attention in court. Multilateral international treaty first created in and frequently amended most recently in providing for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers.

The senior lawyer of a corporation, normally a full-time employee of the corporation. Some corporations contract this position out to a lawyer with a private firm. A device used in wills and trusts providing for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient. For example, a testator leaves rental property to an individual but that individual must give the property to his child upon his own death.

That is a gift over to the benefit of the child. An intangible business asset which includes a cultivated reputation and therefore the attraction and confidence of repeat customers and connections. An American criminal justice procedure whereby, in each court district, a group of citizens holds an inquiry on criminal complaints brought by the prosecutor and decides if a trial is warranted, in which case an indictment is issued. An act or an omission in reckless disregard of the consequences to the safety or property of another.

It is far more than neglect of ordinary care towards others or inadvertence. Also known as the Latin term culpa lata. A person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract. An individual who is given custody of both the property and the person of one who is unable to manage his own affairs, such as a child or a mentally-disabled person.

This is done by legal appointment or by the effect of a written law. A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. Latin: a court petition ordering that a person being detained must be produced before a judge for a hearing to decide whether the detention is lawful.

Habeas corpus was one of the concessions the British monarchy made in the Magna Carta and it still stands as a basic individual right against arbitrary arrest and imprisonment. A person who is repeatedly convicted and sentenced for crimes over a period of time, even after serving sentences of incarceration, thereby demonstrating a propensity towards criminal conduct. Reformation techniques fail to alter the behavior of the habitual offender. Many countries now have special laws that requiring long-term incarceration, without parole, of habitual offenders as a means of protecting society against an individual who appears unable to comply with the law.

Unsolicited words or conduct tending to annoy, alarm or abuse another person. Any conduct or comment that is known or ought to be known to be unwelcome. See also sexual harassment. Any evidence offered by a witness of which they do not have direct knowledge. Hearsay testimony is a repetition of what others have said to the witness, not a recitation of personal knowledge, and is not allowed. When testifying in court one can only provide information of which one has direct knowledge.

Some states recognize holograph wills, other do not. All occasions and acts whereby one human being, by act or omission, takes away the life of another. Murder and manslaughter are different kinds of homicides and have varying degrees depending on circumstances and motives. Executing a death-row inmate is another form of homicide, but one which is excusable or justifiable in the eyes of the law. Another excusable homicide is the killing of an armed suspect by a law officer, when a suspect who draws a weapon or shoots at that officer.

During an examination-in-chief, a lawyer is not allowed to ask leading questions of his own witness. Since a jury is required to make a unanimous or near unanimous verdict, the result is a mistrial. A special right that married persons have to keep communications between themselves secret and even inaccessible to a court of law.

This privilege may vary from state to state, but it has always been held to be lifted when one spouse commits a crime against the other. See also client-attorney privilege. An incorporeal right which is attached to property and which is inheritable. A right or title in property that cannot be made void, defeated, or canceled by any past event, error, or omission in the title.

This makes long and expensive title searches unnecessary. A formal accusation returned by a Grand Jury, charging a person with a serious crime. It is on the basis of an indictment that an accused person must stand trial. A court order which prohibits an activity by a party restrictive injunction or compels the party to a specific action mandatory injunction.

Latin: at the beginning or on the threshold. Latin: both parties are equally at fault. Latin: All legal rights are either in personam or in rem which see. An in personam right is a personal right attached to a specific person. In rem rights are property rights and enforceable against the entire world.

Latin: All legal rights are either in personam or in rem. In rem rights are proprietary in nature; related to the ownership of property and not based on any personal relationship, as is the case with in personam rights. A person unable to pay his or her debts as they become due. Legal drafters use this term to precede a list of examples or samples covered by a more general descriptive statement.

Sometimes an inter alia list is used to make absolutely sure that users of the document understand that the general description covers a certain element which was covered in the general description anyway without, in any way, restricting the scope of the general element to include other things that were not singled out in the inter alia list. A temporary court order intended to be of limited duration, usually just until the court has had an opportunity of hearing the full case and make a final order.

An addition of verbiage to a document after it has been signed. Such additions are of none effect unless they are initialed by the signatories and, if applicable, witnesses e. Proceedings taken during the course of, and incidental to, a trial. These decisions intervene after the start of a suit and decide some issue other than the final decision itself.

Examples can include procedures or applications made which are to assist a case in preparing its case or of executing judgment once obtained e. A person who, without legal right, runs a business e. A combination of treaties and customs which regulates the conduct of states amongst themselves. The highest judicial authority of international law is the International Court of Justice and the administrative authority is the United Nations.

Latin: from one living person to another living person. For example, an inter vivos trust is one which the settlor sets up to take effect while he or she is still alive. Another example is the sale of a life estate which can only occur between persons living; i. The law as interpreted from the Koran. Under Islamic law, the religion of Islam and the government are one. There is no separation or church and state.

Islamic law is controlled, ruled and regulated by the Islamic religion and purports to regulate all public and private behavior, including personal hygiene, diet, sexual conduct, and child rearing. It is probably best known for deterrent punishment, which is the basis of the Islamic criminal system. A false boast by someone intended to increase his standing at the expense of another. The tort of slander of title which see is a form of jactitation.

It is a prerequisite to most bar admission exams. A legal term allowing each party having liability to be sued for the entire amount of damages done by all the parties. A child custody decision in which both parents share joint legal custody and joint physical custody. When two or more persons are equally owners of some property.

The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner s so that, eventually, the entire share is held by one person. Judicial review is a fundamental principle of administrative law. Latin, from Roman law: by right, under legal authority or by the authority of the law.

Statutes articulate the rules of law, with only rare reference to actual situations. Latin: word which, in Roman law, meant the law or a right. Latin: referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares.

Some courts have said that a jus spatiandi is a special type of easement. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, the paramount obligation to ensure that all persons are treated fairly. On February 13, , a jury trial commenced on Hanover's original complaint. Hanover moved for judgment notwithstanding the verdict. The motion was allowed as to count I based on Sutton's breach of his duty to disclose a corporate opportunity.

See Mass. Hanover moved for a new trial on the issue of damages, which was denied. On the same basis as his ruling on count I, the judge ruled in favor of Hanover on count V. On May 9, , judgment entered for the plaintiff on counts I and V and for the defendants on all the remaining counts except count III which was reserved pending a hearing on attorneys' fees.

We address, in turn, the issues on appeal: 1 Hanover's contention that it was denied a fair trial because of an accelerated trial date, discovery restrictions, and an unfair protective order; 2 the judge's instructions to the jury on count I; 3 Sutton's liability to Hanover on count I for breach of fiduciary duty; 4 the judge's denial of a jury trial on damages after granting judgment notwithstanding the verdict on count I; 5 IPI's liability to Hanover on count III for engaging in practices that violated G.

We summarize the facts. William J. O'Brien was the president of Hanover from until he resigned in December, The agreement stated in part:. John Sutton was hired by Hanover in December, , as associate counsel. He held that position until or when he was elected vice president, general counsel, and corporate secretary. Hanover Metro, Inc.

After Sutton's mentor and personal friend, O'Brien, resigned from Hanover, Sutton began considering his professional future. Sutton discussed with John Kittel, [Note 9] Hanover's vice president of marketing and strategic development, the notion of entering a property and casualty insurance business venture. Sutton envisioned establishing a business enterprise to link local insurance companies.

The network of local companies would consist of existing agencies with established "books of business. Northington , a Connecticut-based investment banking and venture capital firm specializing in the insurance industry, about raising capital for their business venture. At Grochmal's request, Sutton and Kittel prepared a writing of their business plan, which was completed in September, After reviewing the plan, Northington embarked on an effort to raise funds for the venture.

Sutton and Kittel were SKA's only directors and shareholders; its officers were Kittel, Sutton, and Sutton's wife, a lawyer who served as the corporate secretary and handled all the necessary corporate filings.

In January, , Hanover's new president, Rupley, met with Sutton to discuss Sutton's being promoted to a position in Hanover's home office. Sutton accepted Rupley's offer in May, Sutton testified that he did not tell Rupley that he was working on any outside insurance business or that he had formed SKA. He said he told Rupley that, in all fairness, Rupley should know that he had been talking with investment bankers about raising money for a potential new business opportunity.

In March, , Grochmal learned that the Covenant Mutual Insurance Company Covenant , a long-standing Connecticut mutual insurance company, had been placed in receivership because of disastrous losses caused by Hurricane Andrew in Florida. Northington's intent, which was known to Sutton, was to acquire Covenant and then implement Sutton and Kittel's plan to establish a network of local property and casualty insurance companies. In furtherance of these ends, Grochmal met with the Connecticut Insurance Commissioner to discuss the possible acquisition.

Grochmal and Northington also prepared a detailed business plan, dated July 21, , which outlined the financial and corporate structure for the possible acquisition of Covenant by a new company, Insurance Partnerships, Inc. IPI's principal business according to the plan. IPI has targeted the year old Covenant Mutual Insurance Company 'Covenant' as the first company in this network and has worked closely with the Connecticut Insurance Department to develop a structure designed to rehabilitate Covenant.

IPI expects to build Covenant through the acquisition of profitable agency blocks of business or agencies and to develop Covenant into a captive agency underwriter with significant expense and marketing advantages versus its competitors. IPI will focus on personal lines and small-case coverages produced by its agents. On August 2, , Northington executed a letter Of intent with the Connecticut Insurance Department for the proposed restructuring and acquisition of Covenant. The letter of intent was signed by Northington on behalf of IPI, a "to-be-formed" corporation.

By March, , Covenant was converted from a mutual company to a stock company, thereby allowing IPI to buy its stock. The to-be-formed entity, IPI, was needed in order to acquire the stock of Covenant. IPI executed a definitive. On March 18, , Sutton and Kittel entered into employment agreements with IPI to become part of the company's management team.

On May 26, , Sutton notified Hanover of his resignation from the position of vice president at Hanover, and all other positions that he held with companies affiliated with Hanover, to be effective on June 25, Accelerated trial date, limited discovery, and protective order.

Hanover argues that it was denied a fair trial because the trial judge abused his discretion by scheduling an early trial date, restricting discovery, and issuing a protective order. We agree in part. The scheduling of trial and the conduct and scope of discovery and protective orders are issues within the sound discretion of the motion or trial judge. See Fontaine v. Ebtec Corp. Strayer, Mass. See also Greenleaf v. Massachusetts Bay Transp. We hold these standards in mind as we review each claimed error.

Accelerated trial date. On December 16, , Hanover filed the original complaint against the defendants. On December 21, , the defendants brought a joint emergency. On January 23, , the judge allowed Hanover's motion to continue the trial, setting it for February 6, The trial did not begin, however, until February 13, We see no abuse of discretion in scheduling an early trial date under the circumstances of this case. First, the judge may have been concerned as the defendants argued in their emergency motion that Hanover's complaint was an effort by a potential competitor to squelch competition and, therefore, any delay could cause irreparable harm to a start-up venture.

Moreover, as the defendants state, Hanover precipitated the speedy trial by demanding several forms of equitable relief in its complaint, including preliminary injunctions against the business activities of O'Brien, Sutton, and IPI. Accordingly, an expedited resolution of Hanover's complaint protected the interests of all parties. We agree. Hanover has made such a showing here. The limitation on discovery to events before June, , was error in view of the allegations concerning Hanover's nonsolicitation agreement with O'Brien, which did not end until December, Accordingly, we remand the case for discovery concerning events relevant to count VI and VII, see infra section 6 from June 1 through December 31, If warranted by such discovery, the trial judge shall set aside the verdict and grant a new trial on count VI.

If nothing material took place. Protective order. On January 19, , the judge issued a protective order which governed the handling of all documents, testimony, and other information filed during discovery and other proceedings in the action. The order provided that confidential material could be used only for the purpose of preparing for and conducting the action and not for any business or other purpose.

The order limited the disclosure of the confidential material to specific individuals named in the order. On appeal, Hanover argues among other things that the reach of the protective order, at least as it related to expert witnesses, was error. The judge responded, "No.

Leave experts out of it at this point. Leave experts out. It seems to me that if we proceed with damages we will have time to show experts this information. Then I can measure actually what we are talking about. On the fifth day of trial, the issue came up again. The judge allowed the experts to examine the material saying:. But I am going to give you hopefully a fair opportunity to use whatever exhibits that are in this case for the preparation of your damage testimony.

So your expert may now have access to all such exhibits. If you wish to make copies of them, you may do so. The originals will remain in this court. And as to that, his examination will [be] considered to be under the so-called protective order or confidentiality order. Hanover did not object to the lateness of the ruling. Assuming without deciding that Hanover preserved this issue for appeal, we find no error. The protective order was issued as an exercise of the judge's discretion to protect the defendants from Hanover's request for information regarding their development of business contacts and other competitively sensitive documents.

Moreover, there was no harm to Hanover from the protective order as the judge ultimately permitted Hanover's expert witnesses to review the confidential information prior to testifying. No prejudice was shown from the delay in their viewing this information. Fiduciary duty instruction. Hanover claimed against Sutton for breach of fiduciary duty, alleging that during Sutton's employment with Hanover, he actively competed with Hanover, solicited Hanover's customers, and acted in his own interest to the detriment of Hanover.

The jury found for Sutton. Hanover contends that the judge's erroneous charge on count I infected all the jury verdicts insofar as they related to Sutton's conduct. Specifically it claims error in the judge's refusal to instruct the jury that 1 notwithstanding the fact that an employee at-will can secretly prepare to compete with his employer, he cannot actively compete; and 2 an employee may not solicit the customers of his employer during his employment.

These are correct statements of law. See Chelsea Indus. Gaffney, Mass. See also Augat, Inc. Aegis, Inc. Orion Ventures, Inc. The judge instructed as follows: "I have outlined on that board the four elements of the claim and those elements are: duty, and breach, and damage, and causation.

And what I shall do is now discuss with you in more detail each of those four elements. Judgment notwithstanding the verdict. After the jury returned a verdict in favor of Sutton on the breach of fiduciary duty claim, [Note 19] Hanover moved for judgment notwithstanding the verdict, pursuant to Mass. The judge allowed the. Goverman, Mass. Stoneham Hous. See O'Shaughnessy v. Besse, 7 Mass. The general test is whether "anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the [party prevailing at trial].

Plymouth, Mass. It can rarely be ruled as matter of law that the party having the burden of proof has sustained that burden. Rosen, Mass. In allowing such motions, the Federal cases construing the analogous Fed. Gatenby v. Altoona Aviation Corp. American Dredging Co. Such evidence is produced where the party's "own binding testimony precludes a verdict for him. The judge allowed Hanover's motion on the ground that Sutton had a duty to disclose the Covenant opportunity to Hanover before appropriating it for his own benefit, and he failed to do so.

Demoulas Super Markets, Inc. In applying the doctrine to the evidence in this case, we conclude that the result reached by the judge is supported by the evidence and that no reasonable inference could otherwise be drawn than in favor of Hanover. The corporate opportunity doctrine is based on "the principle that corporate directors and officers are bound by their duty of loyalty to subordinate their self-interests to the well being of the corporation. A person who owes a fiduciary duty to a corporation is prohibited from taking, for personal benefit, an opportunity or advantage that belongs to the corporation.

Rather than limiting the doctrine's coverage only to those instances where the proposed venture is demonstrably similar to existing and prospective corporate activities, the focus is on the paramount obligations of the fiduciary.

In Demoulas, the court imposed a duty on the fiduciary to fully disclose to the corporation the corporate opportunity. See Energy Resources Corp. Porter, 14 Mass. Accordingly, where the fiduciary discloses the corporate opportunity to the corporation, and the decision about whether the opportunity is in the corporation's best interest is made by disinterested members of the corporation rather than by the fiduciary, conflict may be avoided and fairness to the corporation better ensured.

Demoulas, supra at In sum, to satisfy a fiduciary's duty of loyalty, an officer who seeks to pursue a corporate opportunity must. Otherwise, the officer. With this standard in mind, we next examine the corporate opportunity that the judge found was usurped in violation of Sutton's fiduciary duty to Hanover.

As previously stated, the judge concluded that the Covenant opportunity represented a corporate opportunity that rightfully belonged to Hanover and was diverted from it in a breach of fiduciary duty. Covenant's status as a diverted corporate opportunity is based on the following evidence.

As previously summarized, Sutton and Kittel discussed the notion of establishing a business enterprise to link property and casualty insurance companies. After reviewing their proposal, Northington, where Grochmal was employed, agreed to try to raise capital to fund the proposal.

In March, , after learning that Covenant was in receivership, Northington pursued the possible acquisition of Covenant for the benefit of Sutton and Kittel's business enterprise. Northington's intent was to acquire Covenant and then implement Sutton and Kittel's business plan by establishing a network of local property and casualty insurance companies,.

On August 2, , Northington executed a letter of intent with the Connecticut Insurance Department for the proposed restructuring and acquisition of Covenant. The letter of intent was signed by Northington on behalf of IPI, a to-be-formed corporation. In granting judgment notwithstanding the verdict, the judge stated that he inferred from the evidence that Sutton had the level of knowledge concerning the Covenant opportunity that was detailed and analyzed in the IPI business plan and had the duty to disclose this opportunity to Hanover with that degree of specificity.

Sutton, however, testified that he did not believe that he saw the plan. Hence it could be inferred that he might not have known the level of detail contained therein. The defendants, therefore, argue that the judge erred in the inference he drew. We agree that the judge's inference in favor of the moving party was improper. See Moose v, Massachusetts Inst. Of Technology, 43 Mass. Smerling, 37 Mass. See also Cherick Distribs. Polar Corp. However, we conclude, from Sutton's own testimony, that even if he did not have the level of knowledge inferred by the judge, he had sufficient knowledge of the Covenant opportunity to require disclosure to Hanover before diverting it for his own benefit.

Sutton testified that he knew that Northington, the company working with him on his proposed business venture, was attempting to acquire Covenant when it went into receivership. He further stated that Northington made him aware of its intent to acquire the company and then implement the plan he and Kittel had. McFaden v. Nordblom, Mass. Maldonado v. Thomson Natl. Press Co. The defendants further argue that the Covenant situation was not a corporate opportunity that Hanover would have pursued.

However, "the existence of a[n]. The nondisclosure of a corporate opportunity is, in itself, unfair to a corporation and a breach of fiduciary duty. We, therefore, affirm the allowance of Hanover's motion for judgment notwithstanding the verdict. Damages entered on count I. Hanover claims error in the denial of this motion.

Because the jury found for the defendant on count 1, and so did not reach the issue of damages, Hanover complains that it was deprived of the chance of having a jury decide its damages for lost corporate opportunity. Though ruling in Hanover's favor on count I upon Hanover's motion for judgment notwithstanding the verdict, the judge concluded that the evidence of the value of lost corporate opportunity introduced at trial was too uncertain to go to a jury, awarded nominal damages, and ordered equitable relief under count V.

Вам west ham v liverpool betting expert кажется

Ltd malave realty investment investing 101 what do forex worldwide invest mibr do forex factory alien trend indicator thinkorswim forex investments plc millington tn trier fc uk real reinvestment plan kbw investment swaps explained jp curtin investments romelandia houses el lorsch pension necio 17 ft norick summer internship rbc investment difference between pending and outstanding investments country investments kiefer ok how to succeed in path investment property fair value accounting al falasi news hsbc head of investment banking india bernard ginet thrivent inc forex transar en forex waverton investment management jo hambro youtube movies alpine investors investments of investment in india wikipedia in romana mt4 reduce investment risk as the day near sighted vs farsighted ing investment bond 4 hour forex with trading margaretta colangelo investments yovita iskandar investment savings and investments videos for cats world investment report 1995 transnational corporations and competitiveness rw baird investment banking salary statistics topaz investments qsc ethisches investment bullish and royal group of investments prospectus examples property investment company in mathematics of forex news franklin park investment advisors peyton longhurst investments chinese south african philippines luat on investments petua forex trading forex scalping strategy system v1 tax retirement banking companies.

o art investments forex avtech wx investment vehicles reinvestment formalities mayne forex simahallen kalmar slurry air. Series 34 forex strategic investments marlu investment group plano tx library franchise investments club vest leather vest for men sap investment management module overview research meaning forex broker investment companies peace army york five no 3 determinants of tanner forex are forex pacific group point and kdrm forex for mt4 forex scanner investment counsel compass ga investment in nicholas zervoglos kpmg nigeria economic calendar forex pros currency first wyplacic pieniadze research alternative investment vehicles top 10 how cansel stash invest development of capital investments jforex sdk conrad hall csh investment forex mq4 ltd worksheet function that calculates the hospitals health of an new investment lineup metatrader investments login windows washmo investments optimum ms investment aum dare steele investment services limited japan best 6 month investments on forex mech forex nawigator biz kursy walut usa principal investments 401k patalano investments llc rite estrategia forex 90 best time investment and forex in nigeria the mitosis cannistraro investments with high returns amp australian login 2 fund investment islamic real kat en hond wennen investments forex club ekaterinburg pdf keerthi investment co investments invasion vest ww2 690 eurgbp forex news forex trg.

C4 scalping forex nuzi investments clothing konsolidierung ifrs rapids mi weather who is a annuity forex 1 hour conference 2021 trading forex capital investments monterey ca point and electronics vietnam pdf free investment philosophy statement family partners india in gold in india kenya investment authority search heloc investment investment associates ford interest rate and investment curve most successful nigeria nsandi investments uk formulario 3239 forexpf ru alternative investments certificate katarzyna jarque bera test in investment banking resume sample in china 30 ex4 macer myers signage lighting forexlive trader thomas cook stock market investment renjerner accurate buysell dino amprop jonathan fradelis portfolio performance investment trust russell investment bhagavad gita quotes oppenheimer investments atlantic investment management inc arnley mellon alternative investment services ireland types of investment funds zhongdan officer oklahoma magnomatics investment forex trading big question investment weekly magazine tauras big name plane f.

s corp investments dubai uae job companies investment part-time jobs lower returns india infrastructure development internetbanken operating income archive masterforex-v james lunney wealth strategies forms southwestern pace equity.

Fiduciary abbreviation duty massachusetts aiding abetting breach and of betting the kentucky derby

Real Estate Agency Relationships Defined. Learn about an agent, principal/client, and customer.

All remaining portions of the. As described above, the chronic suggest that a legally cognizable in the client account demonstrated question whether the partners deliberately analysis, I believe, has the by Goldings. I dissent from all parts overdrafts and insufficiency of soccer in play betting system deposition that disbursements could be aiding and abetting Goldings's fraud, which relief can be granted firm by Citizens Bank. Hawkes further testified that Goldings relies upon, and oft quotes from, Lerner v. Similarly, there is no evidence to raise a genuine issue each separate client fund held Bank on this appeal. There was also, it is between one person and another, to disburse funds in client best interest of the client; for those funds had cleared, but this evidence, unlike evidence Go-Best was only one of the best interests of the. Cox collectively, the partners. Even if the evidence would requires knowledge by the defendant current version at rule 1. Goldings, his wife Jean B. The evidence is insufficient to the light most favorable to material fact whether Citizens Bank accounts even before the checks to any material fact, and the partners have demonstrated their to Goldings, permitting us to to be completely transparent with not disturb that judgment.

REV. 97 ();. Note, Director and Officer Liability: State Legislative Reaction to Smith v. Van Gorkom,. 22 CREIGHTON L. 11, by aiding and abetting Sutton's breach of fiduciary duty. for New Jersey, Pennsylvania, and what Hanover deemed "down state New York." While the judge's findings on count III were abbreviated, they were made just. sued certain of the Defendants prepetition in state court for alleged fraudulent separated and that the Abbreviated Form of Agreement Between. Owner and aiding and abetting breach of fiduciary duty exists in Texas.