Abstain Meaning in Legal Term

It is estimated that one billion devout Muslims around the world will abstain from eating, smoking and having sex during the day and hold extra prayers at night. So everyone is around you, even if you find a way to abstain. But both could also refrain from factionalism with both parties and perhaps have even more influence. Perhaps they abstain because they have had severe alcohol use disorders in the past, which has led to health problems. Pollsters predicted that disillusioned left-wing voters are particularly likely to abstain. At the end of This communication from Roe, I cannot fail to express the hope that the gentlemen will refrain from using it. He drank and took drugs to « feel less of what I felt » and appreciated that even though he abstained during the week, he drank on a Friday or Saturday night in a day for a week. Younger`s abstention states that federal courts should refrain from any cases pending in state proceedings. Younger`s facts concerned a criminal defendant who challenged the criminal law of the state (California) for which he was charged. While the accused`s criminal case was pending in the state, he challenged the constitutionality of the criminal law in the Federal District Court and received a favourable opinion. Nevertheless, the Supreme Court overturned the District Court`s decision, declaring that states have the right to be free from federal interference in good faith prosecutions of the state. As part of this practice, during Ramadan, the ninth month of the Islamic lunar calendar, Muslims abstain from food, water, tobacco, sex and all sensory pleasures from morning to night. Our clients often ask us to provide advice regarding the terms « forbearance » and « rejection ».

In short, abstention is « the retention of a vote [by an administrator] », while rejection is « deprivation of oneself as a judge or political decision-maker on a particular issue, particularly due to a conflict of interest » (Blackâs Law Dictionary (8th ed. 2004). Abstention usually focuses on the final decision, with rejection usually involving the withdrawal of the entire procedure. May it be presented in such a way that it leads to a refusal to tolerate an evil constitution and rises above the fear of consequences. Users then have the option to vote for or against any law, or simply abstain. (2) For the purposes of this article, the term « abstinence education » means an educational or motivational program that – It is therefore our duty to refrain as much as possible from referring to expressions calculated for concern. Soon-Shiong, who had only told the Post in the middle of the week that he had not yet decided how he would vote on the offer, ultimately abstained. If such a conflict of interest exists, a director must withdraw from participation in a particular matter. In other words, the director cannot vote on the action (i.e., abstain) and must move away from the meeting when his or her topic is on the agenda. On the basis of the foregoing, a director, if he abstains from voting, abstains from voting, which means that the vote of a director subject to abstention is not counted for or against the action, but that the presence of the director may be taken into account for the existence of a quorum. (Friedman, Cal. Practice Guide: Corporations ¶ 6:223.1.) Thus, even if the vote of a director subject to abstention is not counted for or against the share, as long as a majority of the directors present at the meeting vote in favour, it will be adopted.

(Article 7211(a)(8) of the Legal Persons Code.) (A) has as its sole purpose the mediation of the social, psychological and health benefits to be obtained by refraining from sexual activity; Although it is the duty of any Member who has an opinion on an issue to express it by voting, he or she may abstain because he or she cannot be forced to vote. (Robert`s Rules, 11th edition, p. 407.) (Emphasis added.) Michael Goldman, a board member of Metro, which represents Maryland, abstained, saying the Department of Transportation should completely switch to buying electric buses starting next year. In the context of corporate governance, the California Attorney General`s Office has provided a significant legal analysis regarding board members` abstentions, which states in a relevant part: Abstinence generally means the act of refraining from doing anything. Sexual abstinence has been promoted to prevent social ills such as teenage pregnancies, sexually transmitted diseases and others. There are various federal and state laws that vary from state to state and govern sexual abstinence education in schools. A provision of the Welfare Reform Act of 1996 led to the creation of hundreds of programs across the country requiring young people to abstain from sexual relations until marriage. The U.S. Sexuality Information and Education Council reported that states used federal funds included in a 1996 Welfare Act to create nearly 700 « abstinence-only » programs in 1998. “. The refusal of the members of the voting council is in fact a statement that they agree that a majority of the quorum may act for the body to which they belong. Therefore, any action taken by an organization must continue to be supported by the votes of a minimum majority of the College.

It can rightly be said that the member who abstained [by silence] « tolerated » or « accepted » any decision taken by the panel, provided that the number of members entitled to vote was at least a majority of quorum (Opinion Nos. 10-901, 20 December 2011; p. 10, paras. 2 and p. 13, by. 2.) (Emphasis 2) is the percentage determined for the State under section 702 (c) (1) (B) (ii) of this Title. (b) Purpose of attribution It is not the right of everyone, at their discretion, to abstain from the covenant with God. When you abstain, you are conscious and usually effortful and choose to hold back from doing something you would like to do. For example, you can abstain from a defect or abstain from voting in parliamentary procedure. It is therefore not surprising that abstinence dates back to Middle English and Anglo-French to Latin abstineäre, which combines the prefix ab- (« from, far, off ») with tenäre, a Latin verb meaning « to hold ».

TenÄre has many descendants in English – other descendants are contain, hold, maintain, obtain, maintain, preserve and support, as well as some words that do not end in -maintain, such as tenacious. Abstinence, like many of its cousins, has been used by English speakers since at least the 14th century. Sometimes board members are reluctant to get involved in controversial issues and may use an abstention to stay away from the proverbial fire. Of course, in the event of a conflict of interest vis-à-vis one or more directors, this abstention is justified. However, in the absence of such a conflict, members expect their elected directors to make a decision that is in the best interests of the company as a whole. In my view, if one or more directors fail to vote simply to avoid a decision on the minutes, they are not fulfilling their fiduciary duty under section 7231 of the Legal Persons Code. Five of the members of the Board of Directors abstained out of self-interest for their result. In fact, I publicly vowed to drop The Ball in 2012, but professional responsibility and curiosity overwhelmed me. So the campers were given fresh meat and everyone was very happy to give up the bacon for a while. The forbearance doctrine is an authority that prevents federal courts from hearing cases in their jurisdictions and instead gives state courts authority over the case. The policy underlying this doctrine is rooted in federalism and the interest in allowing state courts to decide issues of particular importance to the state or its laws.

Conflicts over abstention often arise from constitutional challenges to state laws. Finally, the board of directors owes the association an undivided duty of loyalty and cannot make decisions that benefit its own interests at the expense of the association and its members (i.e., conflict of interest) (see Raven`s Cove Townhomes, Inc. v. Knuppe Development Co., 114 Cal. App.3d 783 (1981).) The duty of loyalty not only includes the duty to avoid conflicts of interest, but also requires full disclosure of all interests that may run counter to the association. In cases where a director withdraws from a vote, any measure voted after the departure of that director may continue to be adopted as long as a majority of the original quorum approves the measure. This is the case because « a meeting at which the quorum is initially present may continue to do business regardless of the withdrawal of the directors if the actions taken are approved by at least a majority of the quorum required for that meeting. » (Article 7211 (a) (8) of the Code of Legal Persons). (g) Teach young people how to reject sexual advances and how alcohol and drug use increases susceptibility to sexual progress; and in this context, the « abstentions » and « rejections » described above should be limited in scope, and abstentions should not be used to avoid controversial or exclusionary issues in the community.