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Business Judgment Rule
The business judgment rule is a case-law-derived doctrine in corporations law that courts defer to the business judgment of corporate executives. It is rooted in the principle that the "directors of a corporation ... are clothed with hepresumption, which the law accords to them, of being otivatedin their conduct by a bona fides regard for the interests of the corporation whose affairs the stockholders have committed to their charge."''Gimbel v. Signal Cos.'', 316 A.2d 599, 608 (Del. Ch. 1974). The rule exists in some form in most common law countries, including the United States, Canada, England and Wales, and Australia. To challenge the actions of a corporation's board of directors, a plaintiff assumes "the burden of providing evidence that directors, in reaching their challenged decision, breached any one of the triads of their fiduciary duty — good faith, loyalty, or due care." Failing to do so, a plaintiff "is not entitled to any remedy unless the transaction constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robinson V
Robinson may refer to: People and names * Robinson (name) Fictional characters * Robinson Crusoe, the main character, and title of a novel by Daniel Defoe, published in 1719 Geography * Robinson projection, a map projection used since the 1960s to show the entire world in two dimensions * Robinson (crater), a small lunar impact crater southwest of the large walled plain J. Herschel ;United States * Robinson, Illinois * Robinson, Iowa * Robinson, Kansas * Robinson, Kentucky * Robinson, Minnesota * Robinson, North Dakota * Robinson, Texas * Robinson Township, Allegheny County, Pennsylvania * Robinson Township, Washington County, Pennsylvania * Robinson, Indiana County, Pennsylvania ;United Kingdom * Robinson (Lake District), a 737 m hill in England's Lake District * Robinson College, Cambridge, a college in England's University of Cambridge ;France * Robinson (Paris RER), a commuter train station in Paris Ships * USS ''Robinson'', the name of more than one United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miller V
A miller is a person who operates a mill, a machine to grind a grain (for example corn or wheat) to make flour. Milling is among the oldest of human occupations. "Miller", "Milne" and other variants are common surnames, as are their equivalents in other languages around the world (" Melnyk" in Russian, Belarusian & Ukrainian, " Meunier" in French, "Müller" or " Mueller" in German, " Mulder" and " Molenaar" in Dutch, "Molnár" in Hungarian, " Molinero" in Spanish, "Molinaro" or "Molinari" in Italian, "Mlinar" in South Slavic languages etc.). Milling existed in hunter-gatherer communities, and later millers were important to the development of agriculture. The materials ground by millers are often foodstuffs and particularly grain. The physical grinding of the food allows for the easier digestion of its nutrients and saves wear on the teeth. Non-food substances needed in a fine, powdered form, such as building materials, may be processed by a miller. Quern-stone The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unocal Corp
Union Oil Company of California, and its holding company Unocal Corporation, together known as Unocal was a major petroleum explorer and marketer in the late 19th century, through the 20th century, and into the early 21st century. It was headquartered in El Segundo, California, United States. Unocal was involved in domestic and global energy projects. Unocal was one of the key players in the CentGas consortium, which attempted to build the Trans-Afghanistan Pipeline to run from the Caspian area, through Afghanistan, to the Indian Ocean, at a time after the Taliban siege of Kabul in 1996. On August 10, 2005, Unocal merged its entire upstream petroleum business with Chevron and became a wholly-owned subsidiary. Unocal then ceased operations as an independent company, but continues to conduct many operations as Union Oil Company of California, a Chevron company. History The Union Oil Company of California was founded on October 17, 1890, in Santa Paula, California, by Ly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delaware General Corporation Law
The Delaware General Corporation Law (sometimes abbreviated DGCL), officially the General Corporation Law of the State of Delaware (Title 8, Chapter 1 of the Delaware Code), is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware. The statute was adopted in 1899. Since the 1913 anti-corporation reforms in New Jersey under the governorship of Woodrow Wilson, Delaware has become the most prevalent jurisdiction in United States corporate law and has been described as the ''de facto'' corporate capital of the United States. Delaware is considered a corporate haven because of its business-friendly/anti-consumer corporate laws compared to most other U.S. states. 66% of the ''Fortune'' 500, including Walmart and Amazon (two of the world's largest companies by revenue) are incorporated (and therefore have their domiciles for service of process purposes) in the state. Over half of all publicly traded corporations listed in the New York Stock Exc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guth V
Guth is a surname. Notable people with the surname include: * Alan Guth (born 1947), American cosmologist * Alfred Guth (1908–1996), Austrian-born American water polo player, swimmer, and Olympic modern pentathlete * Allison Guth (born 1981/2), American basketball coach * Amy Guth, American radio host and writer * Bucky Guth (born 1966), American baseball player * Charles Guth (1876–1948), American businessman * Charlie Guth (1856–1883), American baseball player * Claus Guth (born 1964) German theatre director, focused on opera * Dana Guth (born 1970), German politician * Dennis Guth (born 1955), American politician * Eugene Guth (1905–1990), Hungarian-American physicist * Fernand Guth (1926–1977), Luxembourgish footballer * Henk Guth (c.1921–2003), Dutch artist * Jean Baptiste Guth (1883–1921), French painter and illustrator * John Guth (born 1981), American poker player * Joseph P. Guth (1860–1928), American architect * Larry Guth (born 1977), ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gross Negligence
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct deviates from that of a "reasonable person". By extension, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross". Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from simpl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V
Smith may refer to: People and fictional characters * Metalsmith, or simply smith, a craftsman fashioning tools or works of art out of various metals * Smith (given name) * Smith (surname), a family name originating in England ** List of people with surname Smith, including fictional characters * Smith (artist) (born 1985), French visual artist Arts and entertainment * Smith (band), an American rock band 1969–1971 * ''Smith'' (EP), by Tokyo Police Club, 2007 * ''Smith'' (play), a 1909 play by W. Somerset Maugham * ''Smith'' (1917 film), a British silent film based on the play * ''Smith'' (1939 film), a short film * '' Smith!'', a 1969 Disney Western film * ''Smith'' (TV series), a 2006 American drama * ''Smith'', a 1932 novel by Warwick Deeping * ''Smith'', a 1967 novel by Leon Garfield and a 1970 TV adaptation Places North America * Smith, Indiana, U.S. * Smith, Kentucky, U.S. * Smith, Nevada, U.S. * Smith, South Carolina, U.S. * Smith Village, Oklahoma, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Loyalty
The duty of loyalty is often called the cardinal principle of fiduciary relationships, but is particularly strict in the law of trusts. In that context, the term refers to a trustee's duty to administer the trust solely in the interest of the beneficiaries, and following the terms of the trust. It generally prohibits a trustee from engaging in transactions that might involve self-dealing or even an appearance of conflict of interest. Furthermore, it requires a fiduciary to deal with transparency regarding material facts known to them in interactions with beneficiaries. Duty of loyalty in corporation law to describe a fiduciary's "conflicts of interest and requires fiduciaries to put the corporation's interests ahead of their own."''Corporations'', Fifth Edition. Examples and Explanations. Alan R. Palmiter. ASPEN. New York. p. 192. "Corporate fiduciaries breach their duty of loyalty when they divert corporate assets, opportunities, or information for personal gain." It i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sinclair Oil Corp
Sinclair may refer to: Places * Lake Sinclair, near Milledgeville, Georgia * Mount Sinclair, Canada * Sinclair, Iowa * Sinclair, West Virginia * Sinclair, Wyoming * Sinclair Mills, British Columbia * Sinclair Township, Minnesota * Sinclair, Manitoba * Sinclair, Western Australia, a locality of the Shire of Esperance People * Sinclair (surname), list of people with this surname * Clan Sinclair, Scottish family * Lord Sinclair, a title in the Peerage of Scotland * Sinclair Lewis (1885–1951), Nobel Prize–winning American writer * Sinclair (singer), stage name of French singer-songwriter Mathieu Blanc-Francard (born 1970) * Sir Clive Sinclair, an English entrepreneur and inventor, most commonly known for his work in consumer electronics in the late 1970s and early 1980s—including ZX Spectrum computers. Companies * Sinclair Broadcast Group, operator of American television stations * Sinclair Oil Corporation, American petroleum company * Sinclair Radionics Ltd, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
