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In the first, a tax imposed by the state of Virginia on American business concerns operating within the state was struck down because it was a business privilege tax imposed on the privilege of doing business in interstate commerce. But then, in the second, Virginia revised the wording of its statute to impose a "franchise tax" on "intangible ...
Birch v Cropper (1889) 14 App Cas 525 is a UK company law case concerning shares.It illustrates the principle of exhaustion, that the rights attached to a share in an article would be presumed exhaustive, although one should construe the nature of a share with a starting presumption of equality.
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
A federal judge in Texas has ruled that the U.S. Minority Business Development Agency, founded during the Nixon administration, must avail itself to disadvantaged entrepreneurs of all races and ...
Portland is a city in Ionia County of the U.S. state of Michigan. The population was 3,796 at the 2020 Census. The population was 3,796 at the 2020 Census. The city is situated in the south central portion of Portland Township and is known as the "City of Two Rivers" since it is the confluence of the Grand River and the Looking Glass River .
Business transactions incur a strong presumption of a valid contract: these agreements where the parties deal as though they were strangers, are presumed to be binding. However, "honour clauses" in " gentlemen's agreements " will be recognised as negating intention to create legal relations, as in Jones v Vernons Pools [ 15 ] (where the clause ...
The Court found an "inflexible presumption of prosecutorial vindictiveness" to be inappropriate in the pretrial setting, where a prosecutor's case against a defendant may not yet have "crystallized." [11] Following the Court's ruling, lower federal courts have generally held a presumption of vindictiveness to be inapplicable in a pretrial setting.
Thus, the party attacking a board decision as uninformed must rebut the presumption that its business judgment was an informed one. 488 A.2d at 872. Furthermore, the court rejected defendant's argument that the substantial premium paid over the market price indicated that it was a good deal.