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It says They shall not confer the right [[to attend any meeting of members] and [to exercise one vote for every share held]]. The elements joined by a conjunction such as "and" should be grammatically parallel. Since the part after the conjunction is an infinitive verb phrase, the thing to which is it joined by the conjunction should also be an ...


14

In appellate cases, the party appealing is called the "petitioner", and the other party is called the "respondent". These cases are listed Petitioner v. Respondent. In your example, Twombly was the original plaintiff, and Bell was the defendant in a class-action. This initial action would have been referred to as Twombly v. Bell. The case was dismissed by ...


13

It is, in most jurisdictions, not a crime to download YouTube videos. For criminal law, the answer is that it is not illegal. In many jurisdictions, downloading music or video of any kind from the internet is not a crime. Thus, police has no power to punish you for downloading, and even less power to shutdown such "downloader" websites. YouTube's Terms of ...


13

Underscores are often used to indicate that the particular case has not yet been assigned to a specific volume (preceding the reporter abbreviation) or page (following the reporter abbreviation). In your example, the case will appear in volume 576, but the exact page has not yet been determined.


12

tl;dr: The terms have separate etymologies. Majesty derives from greatness, while magistrate comes from mastering something (people or a trade). Majesty Middle English (in the sense 'greatness of God'): from Old French majeste, from Latin majestas, from a variant of majus, major. Also, c. 1300, "greatness, glory," from Old French majeste "grandeur,...


12

Overview Generally speaking the Titles of Nobility clauses in Article I, Sections 9 and 10 of the U.S. Constitution, were aimed at barring hereditary grants of special privileges which is what it means by "Titles of Nobility". In particular, it was mostly aimed at preventing a monarchy from arising in the U.S. This said, there is extremely little case law ...


11

This article1 directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?" It concludes: When an adult is raped by a juvenile, the offense of statutory rape imposes criminal liability on the adult for the same intercourse by which the adult is a victim of rape. In this way, the offense of statutory rape ...


10

Super-legislative refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry. One common criticism of courts exercising legislative powers is that they are not constrained in ...


8

S 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; Being twenty-one years old or more, he or she engages in sexual intercourse with another ...


7

Agree and accept are equivalent terms in this context.


7

The core principle of stare decisis is that the law should not depend on what judge you got; two cases with the same facts should have the same outcome. In the common-law tradition, there weren't really written statutes; there was only "what's been done in the past," and so the only reference you'd have to what the law should be in some situation is past ...


7

For Mr. Petersen, the questions in general should have been elementary. The fact he did not know them is actually quite deplorable. To your questions specifically: Should Mr. Petersen, as a Juris Doctor, know of those things in his sleep? This is the wrong question. The question is: should an individual who has accepted a nomination to serve as a ...


6

In this context, the phrase "there are no equitable considerations that would require the court to reduce or deny reimbursement for the parents" largely refers to defenses to claims arising under the law of equity as applied historically in the chancery courts of England, and more recently, to claims of a type that would have been brought in equity courts if ...


6

No. You cannot be held liable for violating the EULA if you have never used the software and are only reporting what people who did use it told you. Of course, people bring groundless lawsuits all the time and you might have to defend such a lawsuit if you are sued. In some places you could be subpoenaed to disclose your sources, and in others, a reporter'...


6

Assuming that the images are in fact released by the copyright holder under the CC_BY 2.0 license, and not under the CC_BY_NC or CC_BY_SA license, you are free to use the image on a book cover. That the book is erotic makes no difference. You must attribute the cover image to the original creator, as specified in the license, unless the creator has ...


6

There isn't enough information to give a reliable answer in the abstract. It is a hard concept for lots of people to understand, but words don't have the same meaning in every context. Law is not physics or chemistry. Words that mean one thing in a particular instrument or statute could mean another thing somewhere else, even if exactly the same words are ...


6

A "leading question" is a question whose form suggests a possible answer. A non-leading question cannot be answered solely based upon knowledge of the language of the question, instead, a meaningful answer to it must contain facts that are not present in the language of the question. Hence, for example, "Is your name Andrew?", is a leading question. "...


6

It depends How good is your (legal) English? For example, do you know the legal difference between "will", "shall" and "must"? Or, the difference between "employee", "subcontractor" and "worker"? Or the difference between "bankruptcy", "insolvency" and an "act of bankruptcy"? Contingency What are you going to put in your dispute resolution clause? Do you ...


5

Not necessarily. It depends on the type of dismissal. The term prejudice helps better describe your question. You have described a dismissal with prejudice: the case can not be re-litigated. But it's just as likely the case could have been dismissed without prejudice. Meaning, the plaintiff could restart the case at any time. Or, alternatively, file a new ...


5

The specific elements of the crime in question are going to be defined by Maltese law, which appears to be a blend of a European-style civil code with English-style common law. However, under ordinary Anglo-American standards, the alleged acts do seem to meet the legal definitions of these terms. At common law, an "assault" consists of placing someone in ...


5

The dichotomy between solicitors and barristers in the UK isn't one based on verbal definitions in the English language. In other words, the fact that barristers argue and solicitors don't isn't something that's inherent to the words, it's just how British law decided to divide it. Since those countries with solicitor generals don't have this dichotomy, they ...


5

Caveat Keep in mind that words do not have uniform definitions for all times and places and contexts. Words can have different meanings in particular contexts and can be defined in a contract or statute to have a meaning different from the common meaning. "Person" Usually Includes Entities Of Any Kind This said, usually the term "person" in the law refers ...


5

It is short for habeas corpus ad subjiciendum, and refers to "the great writ" in Medieval Latin Praecipimus tibi quod corpus A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, habeas coram nobis ... ad subjiciendum et recipiendum ea ...


5

Yes Probate law, consumer protection law and family law spring to mind.


5

"Not" negates the entire following clause. It can be paraphrased as "They shall not confer the right to attend any meeting of members, and they shall not confer the right to exercise one vote for every share held". Observe that each of the praphrased clauses is sensible and grammatical. Compare that to the interpretation where "not" modified just the first ...


4

No. It is semantics. The signature on the contract is what represents a willingness to adhere to all requisite duties and rights that the contract puts upon each party to the instrument.


4

Stare decisis is more than just the authority for later decisions to refer to previous ones; it is, to a certain degree, an obligation to. Which is to say, that as a rule, judges (and more often than not their clerks) will spend a lot of their time looking through old cases in order to find out what case law has decided, what the precedent is. At this point, ...


4

YouTube has commented on this topic in the past, stating (paraphrasing) that due to the amount of information that is uploaded to their sites, it simply cannot monitor whether the files are copyrighted with any accuracy or totality. They do have systems in place for standard due diligence and once they are made aware of copyrighted material, whether through ...


4

This is a citation of a slip opinion, an opinion that has not yet been bound into a volume. A permanent reference is not yet possible, so the blank lines serve as placeholders for the information that will be added when it becomes available. For this reason, the page number of the slip opinion is provided, when it is required, in parentheses after the ...


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