Rewrite the following and compare your answers with ours.
Question 1 - Show Answer / Hide Answer
BE IT RESOLVED THAT:
1. The resignation of X as a director of the Corporation, as evidenced by the resignation annexed hereto, is hereby accepted effective (immediately/as of the date of the notice/as at the close of business on X).
2. X is hereby appointed as a director of the Corporation to fill the vacancy created by the resignation of X and to hold office until the next annual meeting of the shareholders of the Corporation or until his successor has been duly elected or appointed.
Resolutions
1. That Legal Inc. accept X's resignation as director (notice attached) effective immediately or as of the date on the notice or at the end of the business day X.
2. That Legal Inc. appoint Y as director to fill X's former position as director. Y will hold office until the next annual meeting of Corporation shareholder or until X's successor is elected or appointed.
3. That Legal Inc. authorize either an officer, a director, or the corporation solicitors to prepare, sign, and deliver the notice of change of directors to the Registrar as required by the Business Corporations Act.
[Change to active voice verbs, eliminate wordiness and legalese such as as evidenced by, hereto, hereby, pursuant to and sexist language (his).]
Question 2 - Show Answer / Hide Answer
The Corporation shall not make any payment to any shareholder concurrent with the reduction in stated capital.
The corporation will not issue payments to any shareholder at the same time as reducing the stated capital account.
[Change the ambiguous shall to will; use a plain language phrase for concurrent with.]
Question 3 - Show Answer / Hide Answer
(from a will) ". . .if she dies before me. . ."
". . .if she dies before I die . . ."
[Otherwise, if she dies "before me", she drops dead before me, in my presence! Another problem: "If she dies before me dies" instead of "before I die". If you wrote: "... if she dies before I do...", the sentence assumes "die" which is not there (dies) is there. Wrong!]
Question 4 - Show Answer / Hide Answer
(from jury instructions) "The law requires that fault be apportioned among those parties found to be at fault."
You must decide the degree to which each person is at fault.
Question 5 - Show Answer / Hide Answer
Do you swear that you will well and truly try and true deliverance make between our Sovereign Lady the Queen and the accused at bar and whom you shall have in charge and true deliverance give according to the evidence, so help you God?
Do you swear that you will do your best to reach a verdict based on the evidence, so help you God?
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