Also known as: § 2 · sec. 2 · §2
Written by attorneys · grounded in primary & secondary sources — see below
A numbered subdivision within a statute, constitution, or model code that establishes a particular legal rule or grants specific authority. The provision sets the operative standard or procedure that governs the surrounding statutory scheme.
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Summit Bank adopted articles that eliminated any duty for its directors to offer corporate opportunities to the bank. When director Sophia Singh pursued a real estate deal personally, the bank could not claim breach because the articles provision had removed the obligation under the governing procedures.
Spencer Silver was charged with theft after taking a package he believed belonged to him. Because the statute required proof that he acted purposely or knowingly with respect to the ownership element, the prosecution could not secure a conviction on negligence alone.
After Samantha Stone's death, her surviving spouse received the family home under a constitutional homestead right. The probate court charged the value of that right against the spouse's statutory homestead allowance because the home formed part of the estate.
Sterling Manufacturing learned that its buyer had repudiated the contract for custom parts. The seller instructed the bailee warehouse to stop delivery of the identified goods, exercising its remedy for the buyer's breach.
Sierra Solutions shareholders amended the bylaws to require a supermajority vote for any future change and expressly barred the board from amending that bylaw. The board later attempted to repeal the provision but lacked authority to do so.
Simon Stern died without a spouse or descendants. His father Solomon Silver survived him while his mother had predeceased him. The entire intestate estate therefore passed to the surviving parent under the statutory hierarchy.
Section 2 supplies the core substantive rule or grant of power that the surrounding sections implement or limit. Later subsections often cross-reference it to define procedures or exceptions that apply when the Section 2 standard is invoked.
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