Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️ LEGAL NUGGETS   FIDUCIARY RELATIONSHIP  KEY TAKEAWAYS - A fiduciary is legally bound to put their client's best interests ahead of their own. - Fiduciary duties appear in a range of business relationships, including a trustee and a beneficiary, corporate board members and shareholders, and executors and legatees. - An investment fiduciary is anyone with legal responsibility for managing somebody else's money, such as a member of the investment committee of a charity. - Registered investment advisors have a fiduciary duty to clients; broker-dealers just have to meet the less-stringent suitability standard, which doesn't require putting the client's interests ahead of their own. FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS Depositions are a part of the discovery process in which litigants gather information in preparation for a trial. A deponent is a person who deposes ( that is, testifies or makes oath in writing) to the truth of certain facts. These facts are reduced to writing and contain the signature of the deponent. This sworn statement in writing is also known as an Affidavit . A deponent could be a witness; especially someone who gives evidence under oath, in a deposition concerning facts known to him or her.   FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️ ACCELERATION CLAUSE Acceleration clauses are most common in mortgage loans and help to mitigate the risk of default for the lender. They are usually based on payment delinquencies but they can be structured for other occurrences as well. In most cases, an acceleration clause will require the borrower to immediately pay the full balance owed on the loan if terms have been breached. With full payment of the loan the borrower is relieved of any further interest payments and essentially pays off the loan early at the time the acceleration clause is invoked. A lender may choose to include an acceleration clause to mitigate potential losses and have greater control over a real estate property tied to a mortgage loan. With an acceleration clause, a lender has greater ability to foreclose on a property and take possession of a home. This may be advantageous to the lender if the borrower defaults and the lender believes t...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️  REBUTTABLE PRESUMPTION   A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person could logically conclude from the evidence that the presumption is no longer valid. It exists in both criminal and civil law.  In criminal law, there is a presumption of innocence for the accused, in which the prosecution must prove guilt beyond reasonable doubt.  This is an example of presumption without basic facts.  In Civil law, a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not. Also, a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive.   FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️ LEGAL NUGGETS SUBPOENA A subpoena is a request for the production of documents, or a request to appear in court or other legal proceeding. It is court-ordered command that essentially requires you to do something, such as testify or present information that may help support the facts that are at issue in a pending case. The term literally means "under penalty". A person who receives a subpoena but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or both. A subpoena may be requested in any kind of matter, but the most common requests are from divorce, child custody, personal injury, and sex offender cases. Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help prove or disprove their client's case. Stay Safe FROM THE DIRECTORATE OF LITIGATION AND RESEARCH