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Provisional liquidation is a process which exists as part of the corporate insolvency laws of a number of common law jurisdictions whereby after the lodging of a petition for the winding-up of a company by the court, but before the court hears and determines the petition, the court may appoint a liquidator on a "provisional" basis. [1]
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The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial , and it can be used at both the state and federal levels. Black's Law Dictionary (8th ed. 2004) defines "motion in limine " as "a pretrial request that certain inadmissible evidence not be referred to or offered ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
[1] Liquidation may either be compulsory (sometimes referred to as a creditors' liquidation or receivership following bankruptcy, which may result in the court creating a "liquidation trust"; or sometimes a court can mandate the appointment of a liquidator e.g. wind-up order in Australia) or voluntary (sometimes referred to as a shareholders ...
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[4] Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [5] a Certificate of Importance under Illinois Supreme Court Rule 316, [6] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule ...
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