|
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 obligatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Terrorem
''In terrorem'', Latin for "into/about fear", is a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution. ''In terrorem'' clauses (referred to in English as no-contest clauses) are also used in wills to keep beneficiaries from contesting the will by either completely disinheriting them from any share, or reducing their share to a nominal amount. These clauses are not uniformly recognized. Examples of use The term was used in the 2007 U.S. Supreme Court decision '' Bell Atlantic Corp. v. Twombly'', which stated: "The requirement of allegations suggesting an agreement serves the practical purpose of preventing a plaintiff with 'a largely groundless claim' from 'tak ngup the time of a number of other people, with the right to do so representing an ''in terrorem'' increment of the settlement value'" (quoting '' Blue Chip Stamps v. Manor Drug Stores''). In other words, the court worried that the threat of an e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 England, great council of Lords Spiritual, bishops and Peerages in the United Kingdom, peers that advised the History of the English monarchy, English monarch. Great councils were first called Parliaments during the reign of Henry III of England, Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a Unicameralism, unicameral body, a Bicameralism, bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons of England, House of Commons, which included Knight of the shire, knights of the shire and Burgess (title), burgesses. During Henry IV of England, Henry IV's reign, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liquidated Damages Clause
Liquidation is the process in accounting by which a company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as wound-up or dissolved, 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 sometimes a court can mandate the appointment of a liquidator e.g. ''wind-up order'' in Australia) or voluntary (sometimes referred to as a ''shareholders' liquidation'' or ''members' liquidation'', although some voluntary liquidations are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Supreme Court
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the supreme civil court of Scotland, and the High Court of Justiciary is the supreme criminal court, and are collectively known as the Supreme Courts of Scotland. 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. Additionally the Supreme Court hears cases on devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – England and Wales, Scotland and Northern Ireland, made up collectively of twelve Scottish, English, Welsh and Northern Irish judges. The Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 (as implemented in the UK by, at the time, the Unfair Terms in Consumer Contracts Regulations 1999, now superseded by the Consumer Rights Act 2015). 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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), Ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 also ranks first in other ranking systems of law reviews. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York (state), New York to its west. Massachusetts is the List of U.S. states and territories by area, sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the List of U.S. states and territories by population, 16th-most-populous in the United States, and the List of states and territories of the United States by population density, third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early British colonization of the Americas, English colonization. The Plymouth Colony was founded in 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Houston Law Review
The ''Houston Law Review'' is a law review published by the University of Houston Law Center. 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 "[flunk] out half the class to identify those who were worthy to graduate." Faculty at his institution were not expected to publish, and he saw little value in having a law review promoting scholarly publications. Students, however, saw things differently and with the support of p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration Of Justice Act 1705
The Administration of Justice Act 1705 (4 & 5 Ann. c. 3) was an Act of Parliament (United Kingdom), act of the Parliament of England. The whole act was repealed by 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 20 This section was repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1871. 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 Notes References *Halsbury's Statutes, Acts of the Parliament of England 1705 Repealed English legislation {{England-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 17th 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 to 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 L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
