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Charging Order
A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or shares in a limited liability company or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs. History Before the advent of the charging order, a creditor pursuing a partner in a partnership was able to obtain from the court a writ of execution directly against the partnership's assets, which led to the seizure of such assets by the sheriff. This result was possible because the partnership itself was not treated as a juridical person, but simply as an aggregate of its partners. The seizure of partnership assets was usually carried out by the sheriff, who would go down to the partnership's place of business and shut it down. That caused the non-debtor partners to suffer financial losses, sometimes on par with the debtor partner, and the proce ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Uniform Act
In the United States, a uniform act is a proposed state law drafted and approved by the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL). Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. Under the doctrine of '' Erie Railroad Co. v. Tompkins'' (1938), federal courts cannot dictate law to states on pure issues of state common law (i.e., almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relati ...
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Civil Procedure Rules 1998
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Court in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many former, older legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their "overriding objective", both to aid in the application of specific provisions and to guide behavio ...
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Judgment Acts
Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called ''adjudication'' (see Judgment (law)).In the context of psychology, judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called ''wisdom''. In formal psychology, judgement and decision making (JDM) is a cognitive process by which individuals reason, make decisions, and form opinions and beliefs. Psychology In cognitive psychology (and related fields like experimental philosophy, social psychology, behavioral economics, or experimental economics), judgement is part of a set of cognitive processes by which individuals reason, make decisions, and form beliefs and opinions ...
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Charging Orders Act 1979
Charging may refer to: * Charging (ice hockey), when a player takes more than three steps before checking an opposing player * Battery charger, a device used to put energy into a rechargeable battery * Charging station, a device used for recharging the battery in an electric car * On a timesheet, claiming time worked under a specific task or project code * Sending an invoice An invoice, bill, tab, or bill of costs is a commercial document that includes an itemized list of goods or services furnished by a seller to a buyer relating to a sale transaction, that usually specifies the price and terms of sale, quanti ... See also * Charge (other) * Charger (other) {{disambig ...
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Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessperson has left their job as a director and has signed a contract to not compete with the company they have just left for a period of time. If they set up a company which competed with their former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover" and that, as the new company is completely owned and controlled by one person, the former employee i ...
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Stanford University
Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth List of governors of California, governor of and then-incumbent List of United States senators from California, United States senator representing California) and his wife, Jane Stanford, Jane, in memory of their only child, Leland Stanford Jr., Leland Jr. The university admitted its first students in 1891, opening as a Mixed-sex education, coeducational and non-denominational institution. It struggled financially after Leland died in 1893 and again after much of the campus was damaged by the 1906 San Francisco earthquake. Following World War II, university Provost (education), provost Frederick Terman inspired an entrepreneurship, entrepreneurial culture to build a self-sufficient local industry (later Silicon Valley). In 1951, Stanfor ...
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Uniform Limited Liability Company Act
The Uniform Limited Liability Company Act (ULLCA), which includes a 2006 revision called the Revised Uniform Limited Liability Company Act, is a uniform act (similar to a model statute), proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") for the governance of limited liability companies (often called LLCs) by U.S. states. The ULLCA was originally promulgated in 1995 and amended in 1996 and 2006. It has been enacted in 20 U.S. jurisdictions: Alabama, Arizona, Arkansas, California, Connecticut, the District of Columbia, Florida, Idaho, Illinois, Iowa, Minnesota, Nebraska, New Jersey, North Dakota, Pennsylvania, South Dakota, Utah, Vermont, Washington, and Wyoming. See also * List of Uniform Acts (United States) References External linksThe Revised Uniform Limited Liability Company Act (2006)(Other formatsPDFoWord (Other formatsPDFoWordPerfect 6.1(Revised) NCCUSL's page for the Revised Uniform Limited Liability Company Act (2006)
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Uniform Limited Partnership Act
{{short description, Proposed NCCUSL legislation ::''(ULPA is also an acronym for ultra-low penetration air (ULPA) filters.)'' The Uniform Limited Partnership Act (ULPA), which includes its 1976 revision called the Revised Uniform Limited Partnership Act (RULPA), is a uniform act (similar to a model statute), proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") for the governance of business partnerships by U.S. States. The NCCUSL promulgated the original ULPA in 1916 and the most recent revision in 2001. Names of Prior Revisions The NCCUSL promulgated the original ULPA in 1916, which is now called the Uniform Limited Partnership Act (1916) or ULPA (1916); a 1976 revision named the Revised Uniform Limited Partnership Act which is also now called the Uniform Limited Partnership Act (1976), ULPA (1976) or RULPA (1976); a 1985 revision named Uniform Limited Partnership Act (1976) with 1985 Amendments, which is also now called ULPA (1985) or RULPA (198 ...
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Revised Uniform Partnership Act
The Uniform Partnership Act (UPA), which includes revisions that are sometimes called the Revised Uniform Partnership Act (RUPA), is a uniform act (similar to a model statute), proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") for the governance of business partnerships by U.S. States. Several versions of UPA have been promulgated by the NCCUSL, the earliest having been put forth in 1914, and the most recent in 1997. Revised Uniform Partnership Act The NCCUSL's first revision of UPA was promulgated in 1992 and amended in 1993 and 1994, and again in 2013. The 1994 revision was often referred to as the Revised Uniform Partnership Act (RUPA). Confusion arose when the 1996 and 1997 versions were also called RUPA. Because of this confusion, the NCCUSL now officially refers to each UPA version as "Uniform Partnership Act (year)," where "year" is replaced by the actual year that NCCUSL approved it. Many people still use the term "RUPA" to mean any v ...
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Limited Liability Company
A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation under the laws of every state; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, and, under certain circumstances, LLCs may be organized as not-for-profit. In certain U.S. states (for example, Texas), businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC). An ...
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