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Overview

proper plaintiff rule

Subject: Law

The foundational rule in corporations law, first expounded in Foss v Harbottle (1843) 67 ER 189, that only the corporation can sue for wrongs done to the corporation. It is ...

proper plaintiff rule

proper plaintiff rule   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
211 words

...proper plaintiff rule The foundational rule in corporations law, first expounded in Foss v Harbottle ( 1843 ) 67 ER 189, that only the corporation can sue for wrongs done to the corporation. It is a corollary of separate legal personality . While ensuring strong central control by the board of directors , when allied to the decision in Percival v Wright [ 1902 ] 2 Ch 421 and majority rule as enshrined in Mozley v Alston ( 1847 ) 41 ER 833, the proper plaintiff rule effectively bars individual members of a company from suing in respect of corporate...

proper plaintiff rule

proper plaintiff rule  

Reference type:
Overview Page
Subject:
Law
The foundational rule in corporations law, first expounded in Foss v Harbottle (1843) 67 ER 189, that only the corporation can sue for wrongs done to the corporation. It is ...
majority rule principle and collective shareholder rights

majority rule principle and collective shareholder rights  

Reference type:
Overview Page
Subject:
Law
Where a wrong is committed against a company, the company, as a distinct legal entity, is the proper plaintiff to instigate proceedings to remedy it. As a general rule, a ...
Real Actions

Real Actions   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,556 words

...entry was wrongly conceived because when the guardian granted the ward's land he disseised the ward. The proper action was novel disseisin or a writ of entry sur disseisin . Second, the assize supplanted mort d’ancestor, writs of cosinage, writs of right and the praecipe writ. Those writs had been vehicles for making claims based on ancestral seisin and descent by rules of inheritance to plaintiff. The same pleading—ancestral seisin and descent by rules of inheritance—could explain why an intruder had a right of entry and why, therefore, his intrusion was no...

duel

duel   Reference library

Encyclopedia of the Middle Ages

Reference type:
Subject Reference
Current Version:
2005
Subject:
History, Early history (500 CE to 1500)
Length:
472 words

...threat of it by one of the parties, enabled the avoidance of the collective false oaths or unverifiable testimonies that interfered with the proper functioning of justice . The principle of representation, which allowed any person physically or socially unfit to fight (woman or child , cleric, Jew) to resort to the services of a champion, ensured the “equity” of the procedure , thus made accessible to all plaintiffs: in the 12th c., proof by duel was even open to serfs. Though often used as a guarantee or a means of pressure to force the adversary to...

Complex Litigation

Complex Litigation   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,073 words

...remedies, arguing that the plaintiffs’ differences would not matter because of the settlement. Altogether, these pressures made the 1990s a decade of debate about reforming complex litigation. In 1995 , Congress passed the Private Securities Litigation Reform Act to curtail securities fraud class actions. New proposals to amend the federal class-action rule were circulated in 1996 , but thus far these have led only to adding a provision for immediate appeal of decisions about whether a case is a proper class action. Two decisions by the Supreme...

Remedies

Remedies   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,918 words

...v Dwyer ) and the rule that the plaintiff must not have elected irrevocably in favour of an inconsistent right. The court approaches this issue of inconsistency in a pragmatic way. For instance, a plaintiff who seeks or obtains an order for specific performance of a contract can later appear to act inconsistently, subject to the approval of the court, by terminating the contract—even where the defendant is not guilty of a fresh breach. The rationale is that the election involved in seeking or obtaining specific performance is, on its proper analysis, an...

Civil procedure

Civil procedure   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,655 words

...of superior courts . From a practical perspective, the plaintiff bears the burden of proof of matters of substantive law. So, for example, the plaintiff would need to affirmatively prove compliance with limitation statutes rather than relying on the defendant to raise the issue, and must do so without recourse to estoppel or waiver ( Commonwealth v Verwayen ( 1990 ). Placing this obligation upon the plaintiff will invite confusion about the nature of the ‘substantive right’ held by the plaintiff where the limitation statute has expired, even if the...

Contempt, Civil and Criminal

Contempt, Civil and Criminal   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,570 words

...committee cannot impose contempt sanctions unless Congress gave the committee proper authority to conduct the particular investigation at issue. See also Procedure, Civil ; Procedure, Criminal Stewart Rapalje , A Treatise on Contempt , 1890. Ronald L. Goldfarb , The Contempt Power , 1963. Richard B. Kuhns , “ The Summary Contempt Power: A Critique and a New Perspective ,” Yale Law Journal (1978):1–123. Doug Rendleman , “ Compensatory Contempt: Plaintiff’s Remedy When Defendant Violates an Injunction ,” University of Illinois Law Forum (1980):...

CIVIL COURTS

CIVIL COURTS   Reference library

The Oxford Dictionary of the Jewish Religion (2 ed.)

Reference type:
Subject Reference
Current Version:
2011
Subject:
Religion
Length:
478 words

... issued permission to the plaintiff to apply to the civil authorities. The scope of the prohibition against litigating in civil courts has been subject to a considerable amount of controversy since the abandonment of Jewish judicial autonomy. A number of different approaches have been suggested. Some say that using Jewish courts, even if not run according to Jewish law, is not inconsistent with the prohibition against civil courts. Others recommend arbitration panels that are not actually part of any legal system. Yet others rule that administrative law...

Torts

Torts   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
5,361 words

...carelessness mixed with the defendant’s negligence to cause the injury, the traditional rule of contributory negligence barred the victim from recovering altogether. The unfairness of this absolute bar led courts and legislatures to limit the scope of the doctrine. The great majority of states have adopted a rule of comparative negligence. Under comparative negligence, the plaintiff’s fault reduces but does not entirely eliminate the defendant’s liability for the plaintiff’s injury. The jury is assigned the task of quantifying the degree of fault, and the...

Shaw v. Reno

Shaw v. Reno   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,492 words

...black would-be voters in the South during the first half of the twentieth century. The plaintiffs asserted that only by doing what the Voting Rights Act demanded—exercising “color-blind” redistricting—would North Carolina and other states take proper account of all constituencies, such as farmers and political partisans, that would otherwise be barred from effective representation by the effort to draw districts exclusively along racial lines. The Democratic plaintiffs were haunted by another political reality, however. By consolidating the black vote, which...

Activism, Judicial

Activism, Judicial   Reference library

Jingjing LIU and Dejin GU

Berkshire Encyclopedia of Sustainability

Reference type:
Subject Reference
Current Version:
2016
Subject:
Science and technology, Social sciences
Length:
3,774 words

...of Hongming Liu v. Shanghai Songjiang District Environmental Protection Bureau is such an example. The plaintiff in this case alleged that the defendant’s approval of a factory’s environmental impact assessment report violated relevant laws and regulations both substantively and procedurally, and requested the court rescind the approval. The trial court ruled against the plaintiff, and its decision was affirmed by the appeals court. Although the plaintiff did not prevail, this case had important ramifications regarding citizens’ rights to participate in...

Environmental Law

Environmental Law   Reference library

Gerald Torres

The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements

Reference type:
Subject Reference
Current Version:
2015
Subject:
Social sciences, Politics, Law
Length:
4,870 words

...agencies do not need to grant that priority to that analysis in their rule-making decisions. The role of the interagency working group was to assist agencies in developing an environmental justice strategy. The critique of the National Environmental Justice Advisory Council focused on the failure to give agency officials proper guidance in identifying potential environmental justice problems. This failure resulted in environmental justice not receiving proper attention during agency rule-making and other decision processes. This lack of guidance is compounded...

majority rule principle and collective shareholder rights

majority rule principle and collective shareholder rights   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
714 words

...rule principle and collective shareholder rights Where a wrong is committed against a company , the company, as a distinct legal entity, is the proper plaintiff to instigate proceedings to remedy it. As a general rule, a shareholder will be precluded from commencing an action in the company's name unless he has the support of a vote of the majority of the membership. The ‘majority rule principle’ is embodied in the rule taken from the judgment of Wigram VC in the case of Foss v Harbottle ( 1843 ). The rule is prohibitive of the availability of...

denial of justice

denial of justice   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
538 words

...judicial officers to perform their legal functions] but admit that international responsibility is engaged by various other acts of judicial misconduct, including wrongful judgments. … (5) A few authorities contend that the proper sense of the term according to international practice is that of a failure on the part of an alien plaintiff to obtain redress for an earlier wrongful act committed either by a private person or by a State agent. (6) But the view which has come more and more into favor within recent years is that under which a denial of justice...

Judicial Power and Jurisdiction

Judicial Power and Jurisdiction   Reference library

Kenneth L. Karst and James E. Pfander

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
7,288 words

...the plaintiff; and the case culminates in a single trial and a single judgment. If, however, a class of plaintiffs sues a governmental institution such as a school board or the managers of a state hospital or prison, the lawsuit is likely to diverge from the common‐law model. Public‐interest lawyers may invent the lawsuit and then go out to find some plaintiffs. Under liberal rules allowing other parties to intervene, the dispute may become multisided, as where parents opposed to busing intervene as parties in a school desegregation case. The plaintiffs may be...

Litigating Transgender Employment Rights in the United States

Litigating Transgender Employment Rights in the United States   Reference library

Susan Gluck Mezey

The Oxford Encyclopedia of LGBT Politics and Policy

Reference type:
Subject Reference
Current Version:
2021
Subject:
Social sciences, Politics
Length:
7,053 words

...conform to his perception of proper gender behavior. The panel also ruled in Stephens’ favor under the per se approach, holding that one cannot fire a transgender person “without being motivated, at least in part, by the employee’s sex” ( Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, Inc. , 2018 , 575). Finally, the appellate court determined that Rost’s right to religious exercise did not override Stephens’ right to be free from discrimination. A New Litigation Path? Many transgender plaintiffs file job discrimination actions...

Tort

Tort   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,004 words
Illustration(s):
1

...of the nineteenth century, rules of thumb based on the experience of handling multiple claims had begun to produce predetermined settlement offers for particular kinds of repetitive harm. Pain-and-suffering damages, for example, often came to be measured as a rough multiple—often three times—the plaintiff's medical costs. And as repeat defendants developed aggregate settlement practices, repeat actors began to emerge on the plaintiffs’ side as well. By the turn of the twentieth century, the development of a specialist plaintiffs’ personal injury bar was...

Admiralty and Maritime Law

Admiralty and Maritime Law   Reference library

Steven F. Friedell

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,573 words

... in rem jurisdiction , a plaintiff may actually have a United States marshal seize a vessel. Although rarely tried in this century, prize cases, those brought to condemn an enemy ship or cargo, can also be heard only in federal court. Though it has been traditionally thought that salvage cases are similarly not triable in state court, a few state courts have heard such cases in recent years, and a number of scholars have argued that the “Saving to Suitors” clause empowers state courts to hear salvage cases when the plaintiff sues in personam . There are...

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