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If the plaintiff can show that an action should not be protected by the business judgment rule ( such as when a director decides to give over a certain percentage of the company's profits to charity ( duty of care violation ) or lines his / her own pockets with company's money ( self-interest / duty of loyalty violation )), then the burden will shift to the defendant to show that the action meets the burden of good faith / rational decision.
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If and plaintiff
If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $ 200, 000 instead of $ 50, 000.
If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
If the plaintiff brings onlyclaims which are equitable, but the defendant asserts counterclaims which are of law, then the court will grant a trial by jury.
If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the condictio furtiva ( a personal action ).
If the plaintiff is so determined, a bond may be required, and if the bond requirement is not met within a specified time period, a judgment of dismissal is ordered.
If a plaintiff requests damages in the form of money or certain other forms of relief, such as the return of a specific item of property, the remedy is considered legal, and a jury is available as the fact-finder.
If a plaintiff files suit in state court in such a case, the defendant can remove the case to federal court if a timely request is made to do so.
If it appears that the defendant ought to pay 10, 000 sesterces to the plaintiff, let the iudex condemn the defendant to pay 10, 000 sesterces to the plaintiff.
If it does not so appear, let the plaintiff absolve him.
If the plaintiff prevails, the U. S. Congress may have to devise a different method of officer appointment.
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or " damages ", which the defendant should pay to the plaintiff.
If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act.
If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file a voluntary dismissal, so that the settlement agreement is never entered into the court record.
If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be a monetary award.
If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment.
If the claim is denied, then the claimant ( or policyholder or applicant ) files a lawsuit with the courts and becomes a plaintiff.
If a plaintiff is injured by a fungible product but is unable through no fault of her own to identify the manufacturer of the product that actually injured her, jurisdictions that follow the doctrine of market share liability can shift the burden of disproving liability to all manufacturers of that product.
If the plaintiff can prove that the defendant knew about the defect before the damages occurred, additional punitive damages can be awarded to the victim.
If the plaintiff said the word craven (" I am vanquished ") and gave up the fight, he was to be declared infamous, deprived of the privileges of a freeman, and was liable for damages to his successful opponent.
If the demurrer is granted without prejudice, sometimes termed " leave to amend ", the plaintiff may correct errors filing a corrected, amended complaint.
If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff.
If the accused's prayer is not answered in a manner that favorably restores the balance between the accused and the Government in criminal cases, or between the defendant and the plaintiff in civil cases, it is grounds for an appeal if a mistrial is not granted.
If plaintiff splits a claim in the course of a suit for special or justifiable reasons for doing so, a judgment in that action may not have the usual consequence of extinguishing the entire claim.
If and can
If any of us miss, they can pick up the pieces.
`` If you can conveniently let me have twenty dollars '', he wrote one friend in 1791 when he was Secretary of the Treasury.
If we cannot stop warfare in our own economic system, how can we expect to abolish it internationally??
If our sincerity is granted, and it is granted, the discrepancy can only be explained by the fact that we have come to believe hearsay and legend about ourselves in preference to an understanding gained by earnest self-examination.
If Mrs. Wright doesn't accept the terms in the morning, I'll go either to Tokyo or to Holland, to do what I can.
If within one year you can make a success out of the American, you can practically name your own salary thereafter.
If it is not one of his best books, it can only be considered unsatisfactory when compared with his own Garibaldi.
If there be a disinterested patriot in America, 'tis General Washington, and his bravery, none can question ''.
`` If you can firmly make the good knight sure to pleasure our Corporation '', Sturley wrote, `` besides that ordinary allowance for your diet you shall have 20 for recompence ''.
If man is actually the product of his environment and if science can discover the laws of human nature and the ways in which environment determines what people do, then someone -- a someone probably standing outside traditional systems of values -- can turn around and develop completely efficient means for controlling people.
If the manner of his passing moves the nations to act in the spirit of his dedication the sore issues that plague the world can yet be resolved with reason and justice.
If they do as well as they did in 1960 there can be no complaint.
If he can bounce back with one of those 25 home runs years, the club will have to be better off offensively.
If it will simply delay the debates until the qualifications are closed next spring, and then carry all the candidates on a tour of debates, it can provide a service to the state.
`` If the day should ever come that foreign invaders swarm ashore along the Gulf Coast '', the account reads, `` they can count on heavy opposition from a group of commando-trained telephone employees -- all girls.
If we cluster together, the redcoats can make an advantage out of it, but there's not a blessed thing they can do with two or three of us except chase us, and we can outrun them ''.
If there is anything which we can do in the executive branch of the Government to speed up the processes by which we come to decisions on matters on which we must act promptly, that in itself would be a major contribution to the conduct of our affairs.
If the target can change its position significantly during the 30 minutes the missile is in the air on its way, the probability of the missile destroying the target is drastically reduced.
If your state has no provisions for the numbering of pleasure boats, you must apply for a number from the U.S. Coast Guard for any kind of boat with mechanical propulsion rated at more than 10 horsepower before it can be used on Federal waterways.
If there are any major restrictions, they usually can be obtained in printed form.
Note: If 1/2-inch panel board is used inside and out, or 5/8-inch one side and 3/8-inch the other, and 1/8-inch glass is used, stock lumber in Af, Af, and Af can be used in making the glass panels.
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