Category: D

ADJUSTABLE RATE PREFERRED STOCK with a floating DIVIDEND that is reset every 49 days through a DUTCH AUCTION process. Also known as AUCTION RATE PREFERRED STOCK.

An officer who has the care and oversight of the dykes and drains in fenny counties.

In its most usual signification this word is the synonym of imposts or customs; but it is sometimes used in a broader sense, as including all manner of taxes,charges, or governmental impositions. Pollock v. Farmers’ L & T. Co., 158 U. S. 601, 15Sup. Ct. 912, 39 L. Ed. 110S; Alexander v. Railroad Co., 3 Strob. (S. C.) 595; Pacific Ins.Co. v. Soule, 7 Wall. 433, 19 L. Ed. 95; Cooley v. Board of Wardens. 12 IIow. 299, 13 L.Ed. 990; Blake v. Baker, 115 Mass. 1S8.

Bad legislation; the enactment of bad laws.

Taxes levied upon the removal from one state to another ofproperty acquired by succession or testamentary disposition. Frederickson v. Louisiana,23 IIow. 440, 16 L. Ed. 577; In re Strobel’s Estate. 5 App. Div. 021, 39 N. Y. Supp.169.

In medical jurisprudence. Incapacity of a woman to sustain the act of sexual intercourse except with great difficulty and pain.

This term signifies not merely a duty on the act ofimportation, but a duty on the thing imported. It is not confined to a duty levied whilethe article is entering the country, but extends to a duty levied after it has entered thecountry. P.rown v. Maryland, 12 Wheat. 437, 6 L. Ed. 678.

In its use in Jurisprudence, this word is the correlative of right. Thus,wherever there exists a right in any person, there also rests a corresponding duty upon some other person or upon all persons generally. But it is also used, in a wider sense,to designate that class of moral obligations which lie outside the jural sphere; such,namely, as rest upon an imperative ethical basis, but have not been recognized by the law as within its proper province for purposes of enforcement or redress. Thus, gratitude towards a benefactor is a duty, but its refusal will not ground an action. In this meaning ÒdutyÓ is the equivalent of Òmoral obligation,Ó as distinguished from a Òlegal obligation.Ó See Kentucky v. Dennison, 24 How. 107, 16 L. Ed. 717; Harrison y. Bush,5 El. & Bl. 349. As a technical term of the law. ÒdutyÓ signifies a thing due; that which is due from a person; that which a person owes to another. An obligation to do a thing. A word of more extensive signification than Òdebt,Ó although both are expressed by the same Latin word Òdebitum.Ó Beach v. Boynton, 20 Vt 725, 733.But In practice it is commonly reserved as the designation of those obligations of performance, care, or observance which rest upon a person In an official or fiduciary capacity ; as the duty of an executor, trustee, manager, etc.It also denotes a tax or impost due to the government upon the Importation orexportation of goods.

A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must make informed decisions in discharging their FIDUCIARY responsibilities. An informed decision is generally based on gathering all relevant facts and material, giving such information due consideration, and then making a decision. A breach of duty of care can lead to legal action by shareholders. See also DUTY OF LOYALTY.

A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must ensure that any action taken is done in good faith and with the best interests of shareholders in mind. A breach of duty of loyalty can lead to legal action by shareholders. See also DUTY OF CARE.