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Penal Bond
A penal bond is a written instrument executed between an obligor and an obligee designed to secure the performance of a legal obligation through the ''in terrorem'' effect of the threat of a penalty for nonperformance. Types of bonds At its simplest, a bond need only state who is to be paid, what sum, when, and where (for example: "'Know all men etc. that I, ''AB'', am firmly bound to ''CD'' in 'n'' to be paid at Michaelmas next following'"). At common law, these bonds were nearly impossible to contest from the perspective of the obligor (the debtor). A simple bond can properly be considered a penal bond if it calls for the payment of a sum that is punitive in relation to the damages that would be caused by nonperformance. Historically, the most significant type of penal bond was the penal bond with conditional defeasance. A penal bond with conditional defeasance combined in one document the bond (the promise to pay a specified amount of money) with the contractual obligation. ...
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In Terrorem
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal (insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 * In ...
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Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a unicameral body, a bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons, which included knights of the shire and burgesses. During Henry IV's time on the throne, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances," which essentially enabled English citizens to petition the body to address complaints in their local towns and counties. By this time, citizens were given the power to vote to elect their representatives—the burgesses—to the H ...
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Liquidated Damages Clause
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). The ...
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United Kingdom Supreme Court
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Cavendish Square Holding BV V Talal El Makdessi
, together with its companion case ''ParkingEye Ltd v Beavis'', are English contract law cases concerning the validity of penalty clauses and (in relation to ''ParkingEye Ltd v Beavis'') the application of the Unfair Terms in Consumer Contracts Directive. The UK Supreme Court ruled on both cases together on 4 November 2015, updating the established legal rule on penalty clauses and replacing the test of whether or not a disputed clause is "a genuine pre-estimate of loss" with a test asking whether it imposed a proportionate detriment in relation to any "legitimate interest" of the innocent party. Commentators on the ruling have noted that "these cases provide some welcome clarification to the law in this area". Facts ''Cavendish Square Holding BV v Makdessi'' In ''Makdessi'', because the issue of penalty clauses had been taken as a preliminary issue, the appeal was heard on the basis of an agreed set of facts (the court having not yet heard evidence or made any determinations). T ...
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Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), Jame ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association, in conjunction with the ''Columbia Law Review'', the ''University of Pennsylvania Law Review'', and the '' Yale Law Journal'', publi ...
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Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ...
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Houston Law Review
The ''Houston Law Review'' is a law review published by the University of Houston Law Center The University of Houston Law Center is the law school of the University of Houston in Houston, Texas. Founded in 1947, the Law Center is one of 12 colleges of the University of Houston, a state university. It is accredited by the American Bar A .... The journal is edited and published by students in one volume, divided into five issues, each academic year. The journal was founded in 1963. In addition to publishing scholarship from students and professionals, the ''Houston Law Review'' hosts the Frankel Lecture Series which features notable speakers. The law review also hosts an annual symposium, the proceeds of which are published in the journal. History Newell Blakely served as dean of the University of Houston Law Center from 1956 to 1965. During his deanship, he sought to remold the law school into an institution that used "Darwinian selection" to " lunkout half the class to i ...
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Administration Of Justice Act 1705
The Administration of Justice Act 1705 ( 4 & 5 Ann. c. 3) was an Act of the Parliament of England. The whole Act ceased to have effect by virtue of section 34(1) of, and Schedule 2 to, the Administration of Justice Act 1965. Section 12 This section was repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. Section 13 This section was repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. Section 24 In this section, the words from "from and after" to "Trinity term" and the words "and all the statutes of jeofails" were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. See also *Administration of Justice Act Administration of Justice Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to the administration of justice. The Bill for an Act with this short title may have been known as a Administration of J ... References * Halsbury's Statutes, ...
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Iowa Law Review
The ''Iowa Law Review'' is a law review published five times annually by the University of Iowa College of Law. It was established in 1915 as the ''Iowa Law Bulletin''.About Us, ''Iowa Law Review'', http://www.uiowa.edu/~ilr/about.htm It is ranked 11th among 1550 journals indexed in the W&L ranking. The journal has been student-edited since 1935. History The ''Iowa Law Review'' has its origins in the ''Iowa Law Bulletin''. The original ''Bulletin'' series was published from 1891-1900 by faculty. The ''Bulletin'' was reinstated in 1915, edited by both faculty members and students. It changed its name to ''Iowa Law Review'' in 1925, indicating that the journal's focus would be on Iowa legal issues, but "occasionally an article of general scope ouldappear." Indeed, it has published on topics of national and international law. Projects In 1933, the ''Iowa Law Review'' became the first law review to publish a symposium (on administrative law), which was entitled "Administrative Law B ...
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