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It's a big world and the Senior People community wants to help you connect with singles in your area.IPO; initial public offering; when the board of directors cannot be expected, due to self interest, to determine whether to initiate legal proceedings against the corporation, it would be futile for the shareholders to make a demand before filing suit. An appellate court should not review a district court sentencing departure decision de novo but instead should ask whether the sentencing court abused its discretion. The manifest necessity requirement, which authorizes granting a mistrial in a criminal case and precludes the defendant from successfully raising a plea of double jeopardy, is met when the indictment is insufficient to charge a crime. Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. A review of the sufficiency of the evidence to support a criminal conviction requires a determination as to whether the record evidence could reasonably support a finding of guilt beyond a "reasonable doubt" standard. Maliciously requires a showing that the defendant acted with an actual intent to cause the particular kind of harm done or that the particular kind of harm might result from his actions. Jury instructions that, by conclusive presumption or misleading directions, shift the burden of proof on an essential element of the crime to the defendant violate the Due Process Clause. When common sense and experience suggest defendant must have known or been aware of a high probability of existence of a fact, the jury may infer his knowledge as element of crime charged. Application of simple negligence standard in criminal proceedings does not violate Due Process Clause; governmental interests deterring similar future conduct outweigh infringement personal freedom. When, by statute, recklessness is established without existence of actual danger, defendant may not escape liability because he was without power to cause danger to his victim. Unconsciousness is an affirmative defense requiring defendant to prove beyond reasonable doubt that mental element of crime is negated by his unconsciousness. To establish first-degree murder, premeditation must be proved by evidence that defendant considered his decision to kill for some period of time before act of killing. Without red flags, directors have no reason to suspect wrongdoing; does stockholder complaint create a reasonable doubt that board of directors could have properly exercised its independent and disinterested business judgment in responding. P.; Under section 36(b) of the Investment Company Act, a financial adviser has a fiduciary duty and owes an obligation of candor in negotiation, as well as honesty in performance, but not for negotiating own salary. Jordan; The proper remedy for a freeze-out is to restore the minority shareholder as nearly as possible to the position she would have been in had there been no wrongdoing; close corporation; dividend; injunction. Antinora; The general rule of partnership law is that, in the absence of an agreement, the law presumes that partners and joint adventurers intended to participate equally in the profits and losses of the common enterprise. Superior Court; In forming a partnership, the partners obligate themselves to share the risks and benefits and carry out the enterprise with the highest good faith toward each other; fiduciary. 55 Perry Co; Partnership law provides that, subject to any contrary agreement between the partners, no person may become a member of the partnership without the consent of the other partners. Dreifuerst; Unless otherwise agreed, partners who have not wrongfully dissolved the partnership have a right to wind up the partnership and force a sale of the partnership assets; partnership at will. Cuban; Insider trading liability under the misappropriation theory is premised on the undisclosed use of confidential information for personal benefit, in breach of a duty not to do so. Procedural rules usually do not apply retroactively. absent a showing of cause and prejudice attendant to a state procedural waiver, a federal habeas corpus review of a waived objection to the admission of a confession at trial is barred. Qualified immunity does not apply to deprivation of constitutional rights; coercive police interrogation resulting in statements not used at trial violates Constitution only if interrogator's conduct shocks the conscience. A criminal defendant's initial appearance before a judicial officer triggers the attachment of the Sixth Amendment right to counsel. Burden of persuasion; burden of production; insanity; mens rea; voluntary. Due process does not require the prosecution to disprove all affirmative defenses that may be available to defendant, so long as it has proven guilt beyond a reasonable doubt. Deliberate first- degree murder; intent; second-degree murder. Disbar for alcohol abuse; detection and prevention of alcohol and substance abuse in the legal profession; alcoholic lawyer; disbarment for drug abuse; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; CLE. If defendant plea of guilty is based on reasonably competent advice, it is intelligent plea not open to attack on the ground defendant counsel may have misjudged admissibility of defendant confession. When a prospective juror harbors preconceived notions of defendant guilt that cannot be set aside by consideration of the evidence, the juror must be dismissed for cause to ensure an impartial jury. When the evidence discloses any possibility that a juror views arise from the sufficiency of government evidence, disqualification must be denied.
Disbar for alcohol abuse; attorney substance abuse; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics and professional responsibility; CLE; Continuing Legal Education. Jaffari; a limited liability company is bound by the operating agreement signed by some members and that defines the LLC's governance and operation, even if the LLC itself did not sign. Geist; A manager of an LLC has the apparent authority to bind the LLC when he executes in its name an instrument for carrying on, in the usual way, its business or affairs. peremptory challenge; batson challenge; strike in camera.
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