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Topic: Creature of statute

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	Creature of statute - Wikipedia, the free encyclopedia
		A creature of statute is a legal entity such as a corporation created by statute.
		As a legal term, the meaning of "creature of statue" is most common to the United States: in the United Kingdom these bodies are simply called 'statutory corporations' or 'statutory bodies' and generally have some governmental function, e.g.
		Thereby, the creature of statue is the tangible manifestation of the functions or work described by a given statue.
	en.wikipedia.org /wiki/Creature_of_statute (320 words)

	Ca00-020
		In addition, the statute provides that the juvenile courts have concurrent jurisdiction with the probate courts for the civil commitment of juveniles, and concurrent jurisdiction with chancery courts over matters pertaining to illegitimate children.
		After examining the pertinent statutes, it was held that the juvenile court lacked the authority to specify placement in the program because the legislature had granted the Youth Services Board, not the juvenile court, the authority to determine the particular program or institution suitable for a juvenile committed to a youth services center.
		There we held that the juvenile court was not authorized by statute to require ADHS to provide compensation to a foster parent for a period of time before the foster parent had completed the necessary licensing and certification requirements.
	courts.state.ar.us /opinions/2000b/20001108/ca00-020.html (1156 words)

	Nature and Fundamentals of Appellate Proceedings - Special Story - May 2003 - ITR (Site not responding. Last check: 2007-10-09)
		An appeal is a creature of a statute.
		Thus, an appeal being a creature of the statute would not lie unless it is provided by the statute, but the right so conferred cannot be taken away merely because some remedy is also available to the assessees to redress the wrong.
		The task of an appellate authority under the taxing statute, especially a non-departmental authority like the Tribunal, is to address its mind to the factual and legal basis of an assessment for the purposes of properly adjusting the tax-payer’s liability to make it accord with the legal provisions governing his assessment.
	www.citcindia.org /itr/may03/vh_patil.htm (2016 words)

	A Brief History of Sealed Adoption Records
		Adoption is a creature of statute, specifically state statute.
		The earliest statutes did not contain privacy provisions and until the early twentieth century, adoption proceedings, including party names were printed in newspapers.
		The first statutes providing any measure of privacy for the parties were passed in the early twentieth century and were aimed at removing the adoption process from the public record.
	www.angelfire.com /ia2/adopteerights/history.htm (407 words)

	llcfcts1 (Site not responding. Last check: 2007-10-09)
		It is, however, a creature of statute and in some ways resembles a corporation.
		Because the LLC is a creature of statute, the IRS takes a strict view of the factors that will classify it as a partnership or a corporation.
		The Tennessee LLC statute states that the LLC will automatically dissolve upon the death, bankruptcy or withdrawal of a member unless the remaining members (at least two) vote to continue the LLC within 90 days of the event of dissolution.
	www.apsu.edu /clarkr/llcfcts1.htm (295 words)

	Precommencement sequestration. New York Divorce and Family Law, the definitive site about divorce, child support and ...
		It is a creature of statute found in Domestic Relations Law s233 permitting sequestration of a defendant's property in an action for divorce, separation, or annulment where the defendant cannot be personally served with process within the State of New York.
		The seizure or application of the seized property anticipated by the statute is preceded by inquiry and adjudication as to the award of alimony, granting the defendant an opportunity to be heard before loss of property.
		Assuming that the plaintiff is correct in her premises, the statute does not indicate that sequestration will be granted if the defendant intends to remove himself from the jurisdiction of this court.
	www.brandeslaw.com /enforcement/precommencement_sequestration.htm (3188 words)

	Cincinnati Insurance v. Wills Decision (Site not responding. Last check: 2007-10-09)
		In so doing, the statute criminalizes conduct by natural and legal persons who are not subject to this Court's authority under the professional rules and thereby protects the public from the practice of law by individuals and entities not qualified to practice law.
		This new understanding obliterates the function of the statute in criminalizing conduct by both natural and legal persons who are not subject to this Court's authority under the professional rules.
		The unauthorized practice of law statute is violated when either (1) an unlicensed individual engages in the practice of law, or (2) a person or entity, through its use of lawyers or non-lawyers, engages in the practice of law.
	www.acca.com /gcadvocate/cinn/decision/page5.html (1532 words)

	Converted file trb (Site not responding. Last check: 2007-10-09)
		Finally, because the wrongful death statute is in derogation of the common law, it is to be construed strictly against the expansion of liability.
		It amended the statute to allow the loss of love and companionship of a child to be a compensable element of damages under the child wrongful death statute.
		In response, the wrongful death statute was passed in 1852 and has since provided the sole remedy for the estate and beneficiaries of a deceased plaintiff whose death was caused by the act or omission of the defendant.
	www.state.in.us /judiciary/opinions/archive/04100101.trb.html (6348 words)

	stewart
		This statute is an effort to address the constitutional problems presented by an unknown father in termination of parental rights and adoption cases.
		The statute setting forth the requirements of a judgment for adoption was amended by the 1997 and 1998 legislation.
		The statute now defines "lawful and actual custody" as including a transfer of custody pursuant to the laws of this state, another state, territory of the United States, or another country.
	www.bamsl.org /archived/barjour/pastissues/winter20/Stewart.html (2815 words)

	Opinion 94-003
		It is well settled that, as a creature of statute, a board of township trustees "can exercise only those powers conferred by statute, or such others as are necessarily to be implied from those granted, in order to enable them to perform the duties imposed upon them." Trustees of New London Township v.
		In the absence of a statute expressly authorizing a board of township trustees to contribute township funds to a merger commission created in accordance with R.C. 709.45-.46, the board may not make such contribution.
		88-088 (syllabus, paragraph five) ("[a]bsent authority based on statute, a board of township trustees is not empowered to contribute township funds to private groups opposing actions which may affect the township or its residents").
	www.ag.state.oh.us /sections/opinions/1994/94-003.HTM (556 words)

	1996-048 \| 5/29/1996 \| Kansas Attorney General Opinion
		The statute does not address interest costs which result from interest charged on a loan to purchase property and land for the small lakes project and for this reason presents an ambiguity which must be addressed using statutory construction.
		Interpretation of a statute is a question of law, and it is the function of the court to interpret a statute to give it the effect intended by the legislature by giving consideration to the entire statute, its nature, its object, and the consequences which result from construing it one way or another.
		In subsection (c) of the statute in question, the legislature was very specific and expressly determined how the interest was to be computed.
	www.kscourts.org /ksag/opinions/1996/1996-048.htm (1286 words)

	86550 -- In re T.A. -- Buchele -- Kansas Court of Appeals
		Third party visitation is a creature of statute and in derogation of a parent's constitutional right to direct the upbringing of his or her children.
		Third party visitation is a creature of statute and in derogation of a parent's constitutional right to direct the up bringing of his or her children.
		The Court of Appeals stated that because a parent has a constitutional right to counsel in order to afford fairness and impartiality in termination proceedings under the statutes, it was proper to apply the fundamental fairness exception to an untimely appeal from a termination order.
	www.kscourts.org /kscases/ctapp/2001/20011221/86550.htm (2125 words)

	The Firm of Witherspoon, Kelley, Davenport & Toole.
		Like corporations, LLCs are creature of statute.An LLC is formed when a certificate of formation is filed with the secretary of state.
		The Washington statute provides that liabilities arising from contract, tort or other kinds of debt are the debts of the LLC.The members and managers of an LLC have no personal liability except in circumstances which would cause the piercing of the corporate veil under Washington law.
		The second great advantage of the LLC is its treatment as a partnership for federal income tax purposes.As a passthrough entity, the partnership form of taxation provides greater flexibility in making distributions and in contributions of appreciated assets by its members most importantly a second level of tax is avoided.
	www.wkdtlaw.com /fullstory.htm?did=19&category=730 (314 words)

	Texas Administrative and Public Law Section: Featured Article - June 1998 (Site not responding. Last check: 2007-10-09)
		The court reasoned that the statute was ambiguous; that the legislature could have expressly said that gas used for pump fuel was exempt, but did not; that the Attorney General had found that the gas is not exempt; and that the Comptroller had been using the Attorney General's interpretation for some time.
		Construction of a statute by the administrative agency charged with its enforcement is entitled to serious consideration so long as the construction is reasonable and does not contradict the plain language of the statute.
		Both these opinions find that, if the statute can be reasonably read as the agency has interpreted it, and that reading is in harmony with the rest of the statute, then the court "is bound to accept that interpretation" even if other reasonable interpretations exist.
	www.adminlaw.org /aotm5.htm (7961 words)

	[No title]
		A juvenile court is not the proper venue for a grandparent to petition for grandparent visitation under the grandparent visitation statutes.
		The liberal use of the word "may" in this statute authorizes the juvenile court "to exercise broad discretion in its disposition of children." In re Interest of Amber G. et al., 250 Neb. 973, 981-82, 554 N.W.2d 142, 148 (1996).
		The Supreme Court has held that under this statute, the juvenile court would have discretionary authority to award temporary custody to the grandparents of a juvenile upon a finding that they qualify as "reputable citizen[s] of good moral character" or "suitable family." § 43-284.
	www.parentsrights.org /states/ne/ne22200.htm (3211 words)

	Bob SHUMPERT, O. H. Clopton, and Glenn Dickson v. ARKO TELEP...
		SSS had the burden to establish that, as a matter of law, it came within the terms of the statute of limitations.
		In fact, the judge stated that he "will not address the issue of costs" and concluded costs are a creature of statute and may not be taxed unless they are provided by statute.
		Footnote: 1We note that the general rule is that a material modification of a contract within the Statute of Frauds must be in writing in order to be valid and binding.
	courts.state.ar.us /opinions/old/93-1236A.html (1550 words)

	Ca01-510
		Divorce -- creature of statute -- when granted.
		Divorce is a creature of statute and can only be granted upon proof of a statutory ground.
		The mere want of congeniality and the consequent quarrels resulting therefrom are not sufficient to constitute that cruelty or those indignities which under our statute will justify a divorce.
	courts.state.ar.us /opinions/2001b/20011205/ca01-510.html (1367 words)

	AGO_1991_No_016 (Site not responding. Last check: 2007-10-09)
		As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature.
		Inasmuch as a community college is a creature of statute, its powers are limited to those powers expressly granted or necessarily implied.
		Further, a statute is not to be interpreted in such a way that it renders meaningless its enactment.
	www.atg.wa.gov /opinions/1991/opinion_1991_016.html (2193 words)

	studynotes
		Limited Partnership: A "creature of statute," meaning that the entity is not recognized unless its creation has specifically complied with the statutes governing it.
		It is also a creature of statute, and an independent entity.
		A creature of statute of a state, and required to show compliance with statute in order for owners, promoters or incorporators to escape individual liability.
	personal.ashland.edu /~eakers/MBA/NewSession8.htm (1466 words)

	[No title]
		The cause of action is a creature of statute, and standing to sue is governed by Code of Civil Procedure section 377.60. (Steed v.
		The Legislature was free to remove subdivision (d) from the statute once it served its original purpose, or to amend it to specify that it did not apply to the 2002 amendments.
		They point out that the statute also provides that the 2005 amendments "are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run." (§ 377.60, subd.
	caselaw.lp.findlaw.com /data2/californiastatecases/b168667.doc (3011 words)

	Opinion 95-008
		R.C. As a creature of statute, the State Board of Emergency Medical Services has only the powers that it is expressly given by statute and those powers that are necessarily implied in order to exercise the express powers.
		It is necessary, therefore, to examine the statutes governing the Board to determine whether the Board has any powers from which such authority may be implied.
		Under existing statutes, the State Board of Emergency Medical Services does not have authority to promulgate rules concerning the minimum training requirements of emergency telecommunicators or the accreditation of schools providing such training.
	www.ag.state.oh.us /sections/opinions/1995/95-008.HTM (1134 words)

	Chimera (Site not responding. Last check: 2007-10-09)
		In Greek Mythology, the Chimera is a monstrous creature with three heads.
		In paleontology, a chimera is a fossil with elements from more than one creature, like the Ultrasauros and perhaps the Protoavis.
		In zoology, a chimaera is a group of cartilaginous fishes related to sharks.
	www.yotor.com /wiki/en/ch/Chimera.htm (192 words)

	Knox County Offices (Site not responding. Last check: 2007-10-09)
		A creature of statute, the board, consisting of elected officials, serves as the chief administrative body of the county, responsible for such matters as creating a budget and assessing taxes.
		It is also empowered to sit as judicial court in limited circumstances, serving as a board of appeal of questions concerning the amount of property taxes or as a damage board for claims made against the county.
		The statutes governing the actions of the county commissioners are nearly all enumerated in Title 30-A of the Maine Revised Statutes Annotated
	knoxcounty.midcoast.com /offices.html (1523 words)

	Oregon Judicial Department - Publications
		Rather, whether a housing authority--a creature of statute--is a "public agency" for purposes of ORS chapter 279 is purely a question of law.
		In interpreting a statute, we attempt to ascertain the intent of the legislature.
		That statute, standing alone, does not definitively answer the question presented here, though, because it does not precisely describe the type of "local public agency" to which it refers.
	www.publications.ojd.state.or.us /A99338.htm (1156 words)

	Morales Letter Opinion No. 93-020
		You argue that the provisions of article 179e, taken together, suggest that the commission is authorized to promulgate the proposed rules pursuant to the broad scope of its discretionary authority.
		As such, it is a creature of statute and has no inherent authority.
		The operative word in article 8308-3.23 is the word "may." In construing statutes the use of "may" as opposed to "shall" is indicative of discretion or choice between two or more alternatives, but the context in which the word appears must be the controlling factor.
	www.oag.state.tx.us /opinions/lo48morales/lo93-020.htm (938 words)

	Opinion 96-046
		It is well established that a creature of statute, like the health care quality advisory council, has only those powers expressly conferred upon it by the General Assembly or necessarily implied from such express powers.
		Industrial Comm'n, 15 Ohio St. 3d 126, 129, 472 N.E.2d 1077, 1079 (1984) ("[t]he Industrial Commission is a creature of statute and as such, is limited to the powers conferred on it by statute"); State ex rel.
		Whether a public officer may delegate his duties depends upon the nature of the duties to be delegated and, in certain instances, whether the officer has express statutory authority to delegate those duties.
	www.ag.state.oh.us /sections/opinions/1996/96-046.htm (1614 words)

	Wik - Justice J Toohey (Site not responding. Last check: 2007-10-09)
		To pose the issue in that way is to focus unduly on leasehold interests as known to the common law and to give insufficient recognition to the fact that the pastoral lease is a creature of statute.
		Lord Templeman, with whom the other Law Lords agreed, "gratefully adopt[ed] the logic and the language of Windeyer J" for the purposes of determining whether as a result of an agreement relating to residential accommodation the occupier was a lodger or a tenant.
		It is a mistake to apply what is said in these passages to the present appeals unless it accords with the relevant statute and has regard to the presence on the land of the indigenous people.
	www.isis.aust.com /wik/toohey/8.htm (1397 words)

	CITT - Appeals - Decisions - ELECTROL DISTRIBUTORS LTD.
		Furthermore, the Tribunal is a creature of statute.
		The issue in this appeal is whether the appellant is statute barred from being refunded the full amount claimed in its application for a refund of FST and, if so, whether the Tribunal has jurisdiction to waive or abridge the two-year statutory limitation period imposed under the Act.
		In summary, counsel argued that the Tribunal's jurisdiction is restricted to the four corners of the statute and that it has no power to dispense with the statutory requirements or to award relief on equitable grounds.
	www.citt.gc.ca /appeals/decision/ap93283_e.asp (1363 words)

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