Liam Larson and the other presidential electors meet in their state capitol after the election. They compile an enumeration of every candidate who received votes along with the vote totals for each. The electors sign and certify the enumeration before sealing and transmitting it to the President of the Senate.
Judge References Listed Factors
Lamar Lewis presides over a criminal sentencing in which the defendant's ethnicity and age are relevant to a statutory enhancement. The judge makes explicit reference to the enumerated factors in the rule when explaining the sentence on the record. Defense counsel does not object because the reference falls within the permitted use of the listed factors.
Contribution Triggers Disclosure
Laura Lewis's law firm contributes to a judicial candidate's campaign while seeking appointment as special counsel for a state agency. The firm prepares an internal register of all political contributions made in the preceding year. When the appointment is later challenged, the register is produced to show the timing and purpose of the payments.
Plaintiff Seeks Interlocutory Relief
Lucia Lopez sues a competitor for ongoing trade-secret misappropriation and requests an interlocutory injunction. The court weighs the extent of threatened irreparable harm against the consequences to the defendant before deciding whether to grant relief. The parties submit competing enumerations of the factors listed in the governing restatement section.
Adoption Petition Filed
Landon Long, a resident of the county, files a petition to adopt a child and must satisfy the state's residency requirement. The court clerk prepares an enumeration of all documents submitted with the petition, including the home study and consent forms. The enumeration is used to confirm that the filing meets the statutory prerequisites for an adoption proceeding.
Schedule Modified for Good Cause
Lola Langley moves to extend the discovery cutoff after a key witness becomes unavailable. The court finds good cause and, with the judge's consent, modifies the pretrial schedule. The clerk updates the official enumeration of deadlines and circulates the revised schedule to all counsel.
Frequently Asked4
What must a shareholder list contain under the Model Business Corporation Act?+
The list must be alphabetical and include each shareholder's name, address, and the number and class of shares held. It must also note electronic-mail addresses when notice was sent electronically. The corporation prepares separate lists for notice and for voting when different record dates are fixed.
When may a partnership schedule be modified under the Federal Rules?+
A schedule may be modified only upon a showing of good cause and with the judge's consent. The rule does not require consent of the parties. Courts apply the standard to prevent undue delay while accommodating legitimate needs for adjustment.
Does the duty to furnish partnership information require a written list?+
No. The duty requires disclosure of material information known to one partner without demand. The information need not be reduced to a written list, although partners often maintain written records to satisfy the obligation. Failure to disclose can constitute a breach even when the information is not formally listed.
What is the legal consequence if a corporation refuses to produce its shareholder list?+
A shareholder may obtain a court order compelling inspection or copying at the corporation's expense. The court may also postpone the meeting for which the list was prepared. Refusal or failure to prepare or produce the list does not affect the validity of action taken at the meeting.
5 U.S. (1 Cranch) 137 (1803)Property
…the names in commissions but believed Marbury's and Hooe's commissions were made out and Ramsay's was not; he prepared the list of names by which the clerk filled up commissions and believed Ramsay's name was omitted by mistake. He believed none of the commissions for justices of the peace signed by Mr. Adams were…
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