legal practice/ethics

secondary right of disposition

In mortuary law, the secondary right of disposition refers to the right of the state or local government to control the disposition of a corpse where no next of kin can be found according to statute. Typically when someone passes, the next of...

Section 4(1 ½)

Section 4(1 ½) or Section 4(a)(1 ½) is a form of private placement resale of securities whose resale is otherwise restricted. It is not a formal section of the Securities Act but rather is a method of private placement resale which relies on...

Section 4(a)(7)

Section 4(a)(7) of the Securities Act is the codification of Section 4(1 ½). That is, Section 4(a)(7) allows an individual who holds a security issued in a private placement whose resale is restricted to resell that security in a subsequent...

securities fraud

Securities fraud is the misrepresentation or omission of information to induce investors into trading securities.

Overview

While always actionable under common law fraud, Congress, the Securities and Exchange Commission (...

self-authenticating documents

Under Rule 902(a) of the Federal Rules of Evidence, an exception exists for a select group of documents where no authentication is required in order for the document to be admissible as evidence. Self-authenticating documents in which authenticity is...

self-dealing

Self-dealing is when a person with a fiduciary duty to a company takes action to gain personal benefit, instead of for the benefit of the company. For people who may not have a direct fiduciary duty, it also refers to a person who buys or...

self-incrimination

Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.

The Fifth Amendment provides protection to individuals...

self-serving

Self-serving, in a legal context, refers to a statement or answer to a question that serves no purpose and provides no evidence, but only argues or reinforces the legal position of a particular party in a lawsuit. The courts have consistently...

separate but equal

“Separate but equal” refers to the infamously racist decision by the U.S. Supreme Court in Plessy v. Ferguson (1896) that allowed the use of segregation laws by states and local governments. The phrase “separate but equal” comes from part of the Court’...

settle

To settle means to end or resolve; to reach a conclusion; to reach a decision on a cause of action; to come to an agreement or understanding; to pay or liquidate a debt. It also means to take up residence in a place, or to colonize.

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