Search results
Results from the WOW.Com Content Network
A surrogate decision-maker must use the doctrine of substituted judgment in consenting to or refusing health care on behalf of an incompetent individual. All surrogates, whether appointed by the person, by default, or by the court, have an obligation to follow the expressed wishes of the adult person and to act in the person's best interests ...
The business judgment rule is a case-law-derived doctrine in corporations law that courts defer to the business judgment of corporate executives. It is rooted in the principle that the "directors of a corporation ... are clothed with [the] presumption, which the law accords to them, of being [motivated] in their conduct by a bona fides regard for the interests of the corporation whose affairs ...
The business judgment rule provides a rebuttable presumption "that in making a business decision the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company." [9] Thus, at bottom, the business judgment rule reflects little more than process inquiry.
“The conservatorship estate will not be funded with any assets and is being established for the sole purpose of filing a petition for substituted judgment to ensure Mavis’s estate plan is ...
The Board of Directors did not reach an informed business judgment because they did not adequately inform themselves, were uninformed as to the intrinsic value of the Company and were grossly negligent in approving the "sale" of the Company upon two hours' consideration; therefore, the business judgment rule provides no protection.
The scope of review under the "arbitrary and capricious" standard is narrow and a court is not to substitute its judgment for that of the agency. Nevertheless, the agency must examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
The plaintiff thereupon applied for an amendment in which it sought to substitute for its name as cited the following citation: "Golden Harvest, a business of which the sole proprietor is Norris Fresh Produce (Pty) Ltd." This amendment was resisted on the following basis: