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R v Negus (1873) LR 2 CP 34 is an old English law case under the Larceny Acts which addressed the then definition of "control" for the purpose of determining who was a worker.
Mr Justice Blackburn held,
"the test is very much this, whether the person is charged and bound to obey the orders of his master. He may be so without being bound to devote the whole of his time to this service;' but if bound to devote his whole time to it, that may be very strong evidence of his being under control."
A precedent is a principle or rule established in a previous legal case relevant to a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems often view precedent as binding or persuasive, while civil law systems do not. Common-law systems aim for similar facts to yield similar and predictable outcomes, and observing precedent when making decisions is the mechanism to achieve that goal. Common-law precedent is a third kind of law, on equal footing with statutory law and subordinate legislation in UK parlance – or regulatory law. The principle by which judges are bound to precedents is known as stare decisis.
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
The Three Laws of Robotics are a set of rules devised by science fiction author Isaac Asimov, which were to be followed by robots in several of his stories. The rules were introduced in his 1942 short story "Runaround", although similar restrictions had been implied in earlier stories.
In physics and chemistry, the law of conservation of mass or principle of mass conservation states that for any system closed to all transfers of matter and energy, the mass of the system must remain constant over time, as the system's mass cannot change, so the quantity can neither be added nor be removed. Therefore, the quantity of mass is conserved over time.
Munn v. Illinois, 94 U.S. 113 (1876), was a United States Supreme Court case in which the Court upheld the power of state governments to regulate private industries that affect "the common good."
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse or peer.
A public company is a company whose ownership is organized via shares of stock which are intended to be freely traded on a stock exchange or in over-the-counter markets. A public company can be listed on a stock exchange, which facilitates the trade of shares, or not. In some jurisdictions, public companies over a certain size must be listed on an exchange. In most cases, public companies are private enterprises in the private sector, and "public" emphasizes their reporting and trading on the public markets.
German Reich was the constitutional name for the German nation-state that existed from 18 January 1871 to 5 June 1945. The Reich became understood as deriving its authority and sovereignty entirely from a continuing unitary German Volk, with that authority and sovereignty being exercised at any one time over a unitary German "state territory" with variable boundaries and extent. Although commonly translated as "German Empire", the word Reich here better translates as "realm" or territorial "reach", in that the term does not in itself have monarchical connotations.
Bernard Bosanquet was an English philosopher and political theorist, and an influential figure on matters of political and social policy in the late 19th and early 20th centuries. His work influenced but was later subject to criticism by many thinkers, notably Bertrand Russell, John Dewey, William James and Ludwig Wittgenstein. Bernard was the husband of Helen Bosanquet, the leader of the Charity Organisation Society.
Nguyễn Du, pen names Tố Như and Thanh Hiên, is a celebrated Vietnamese poet. He is most known for writing the epic poem The Tale of Kiều.
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory. The territory is then known as the occupied territory and the ruling power the occupant. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation.
In the Catholic Church, the Seal of Confession is the absolute duty of priests or anyone who happens to hear a confession not to disclose anything that they learn from penitents during the course of the Sacrament of Penance (confession). Even where the seal of confession does not strictly apply – where there is no specific serious sin confessed for the purpose of receiving absolution – priests have a serious obligation not to cause scandal by the way they speak.
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance.
Dodge v. Ford Motor Company, 204 Mich. 459, 170 N.W. 668 is a case in which the Michigan Supreme Court held that Henry Ford had to operate the Ford Motor Company in the interests of its shareholders, rather than in a charitable manner for the benefit of his employees or customers. It is often taught as affirming the principle of "shareholder primacy" in corporate America, although that teaching has received some criticism. At the same time, the case affirmed the business judgment rule, leaving Ford an extremely wide latitude about how to run the company.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as "the proper plaintiff rule", and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the "derivative action", which allows a minority shareholder to bring a claim on behalf of the company. This applies in situations of "wrongdoer control" and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies.
A corporate group or group of companies is a collection of parent and subsidiary corporations that function as a single economic entity through a common source of control. These types of groups are often managed by an account manager. The concept of a group is frequently used in tax law, accounting and company law to attribute the rights and duties of one member of the group to another or the whole. If the corporations are engaged in entirely different businesses, the group is called a conglomerate. The forming of corporate groups usually involves consolidation via mergers and acquisitions, although the group concept focuses on the instances in which the merged and acquired corporate entities remain in existence rather than the instances in which they are dissolved by the parent. The group may be owned by a holding company which may have no actual operations.
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution.
This is a glossary of terms used in New Thought.
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease. This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee, the temporary use and enjoyment of a thing, in whole or in part, or of his services or those of another person; the lessee, meanwhile, binds himself to pay a sum of money as compensation, or rent, for that use and enjoyment. The law of lease is often discussed as a counterpart to the law of sale.