What Does Retained Mean In Law?

What Does Retained Mean In Law
By “retaining” a lawyer, you are establishing an attorney-client relationship with that lawyer. There are several methods for retaining a lawyer, but typically it will require an up-front payment or fee. That fee is commonly referred to as a “retainer,” and is given to the lawyer in return for legal representation.

What does being retained mean?

: to keep in possession or use. : to keep in one’s pay or service. specifically : to employ (as a lawyer) by paying a retainer.

What are some examples of retained rights?

Retained Rights means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor.

What does it mean to retain all rights?

FAQ As a copyright owner, you might use the “All rights reserved” notice to indicate that you retain all rights provided by copyright law. As such, another person cannot reproduce, distribute and/or adapt any part of the work without your permission. Legal exceptions to this include private use and the right to quote from a work.

Legally, the notice is meaningless because a work is nowadays automatically protected by copyright. Yet many copyright owners still use it to emphasize their rights provided by copyright law. If you want to be less strict and want to let others know directly that they can copy, publish and/or adapt your work and under which conditions, you can use a Creative Commons license.

You can find more information on Licenses for open material,

What does retained in office mean?

What is a judicial retention election? All judicial officers, except magistrates, must stand for retention election at the first general election following the judge’s appointment, and then near the end of each regular term of office. In a retention election, judges do not have opponents.

What does retained mean in a court case?

What Is a Retainer? – To engage the services of an attorney or counselor to manage a cause, at which time it is usual to give him a fee, called the retaining fee or retainer. The act by which the attorney is authorized to act in the case is called a retainer.

Is retained an asset or liability?

Retained earnings are actually considered a liability to a company because they are a sum of money set aside to pay stockholders in the event of a sale or buyout of the business.

How can retained earnings be restricted by law?

Restricted retained earnings definition Restricted retained earnings refers to that amount of a company’s retained earnings that are not available for distribution to shareholders as dividends. The primary reason why retained earnings are restricted is that a company is in arrears in its payment of dividends that were due in the past; if so, the amount of the restriction will match the cumulative amount of unpaid dividends.

  • The restriction will then decline as the dividends are paid off.
  • Another reason is that a lender will not allow the company to pay any dividends until a loan has been paid off, thereby improving the odds of loan repayment.
  • It is possible that the board of directors of a business will vote to restrict other portions of retained earnings that do not relate to cumulative unpaid dividends, such as for funds to construct a building.

However, these restrictions may not be legally binding if investors are determined to be paid a dividend.

What does retain the property mean?

Retained Real Property means all real property owned or leased by Seller that is not included in the Purchased Assets and that is not purchased by Buyer.

Why do lawyers say all rights reserved?

All rights reserved – Sometimes you will see the phrase “all rights reserved” as part of a copyright notice. For example: “© 2021 Stephen King. All rights reserved.” This means that no one may use your work unless they obtain your permission. This statement is not legally required, and failure to include it has no legal significance.

Since others may not use copyrighted works without the copyright holder’s permission, the statement is redundant. If you include the statement “no rights reserved,” it means that you are permitting anyone else to use your work. This is occasionally done when the work is being published for some charitable or public-interest purpose, and the creator wants it to be available for general use by others.

Although the phrase “all rights reserved” is not required, there is no harm in adding it. Someone unfamiliar with copyrights may see this phrase and be deterred from copying the work.

What happens if you get retained?

Grade retention or grade repetition is the process of a student repeating a grade due to failing on the previous year. An alternative to grade retention due to failure is a policy of social promotion, with the idea that staying within their same age group is important.

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Social promotion is the obligatory advancement of all students regardless of achievements and absences. Social promotion is used more in countries which use tracking to group students according to academic ability. Some academic scholars believe that underperformance must be addressed with intensive remedial help, such as summer school or after-school programs in contrast to failing and retaining the student.

In most countries, retention rates are currently decreasing. In the United States, grade retention can be used in kindergarten through to twelfth grade; however, students in grades seven through twelve are usually only retained in the specific failed subject due to each subject having its own specific classroom rather than staying in one classroom with all subjects taught for the entire school day as it is in grades kindergarten through sixth grade.

  1. For example, in grades seven through to twelve, a student can be promoted in a math class but retained in a language class.
  2. Some elementary school grades (kindergarten or 1st grade to 5th or 6th grade) are confined to one room for the whole day, being taught all subjects in the same classroom usually by one teacher with the exception of art and gymnastics conducted in the art room and the gymnasium respectively.

In these grades, the student must generally fail or score well below the accepted level in most or all areas within the entire curriculum to be retained. The student will then again repeat the entire school year within a single classroom and repeating the same subject matter as the previous year.

What does it mean to retain a document?

Records Retention Definition – Records retention refers to methods and practices organizations use to maintain important information for a required period of time for administrative, financial, legal, and historical purposes. It applies to paper documents as well as the retention of electronic records such as word documents and spreadsheets.

A record is considered evidence of certain events that took place within an organization such as purchase orders, contract approval, or correspondence. The duration of time (retention period) specifies how long records should be retained before they are destroyed. Organizations usually define the business document retention period based on multiple factors such as the nature of the business documents ( records classification ), industry regulations, or business needs.

Other information is defined by laws and regulations. The business document retention period is usually declared via well-defined policies and schedules. Businesses need to have a well-established and routinely updated document retention schedule to ensure that information is retained as long as it is operationally and legally needed and other information is disposed of systematically based on the disposal schedule of records.

  1. Control the creation, declaration, classification, retention, and destruction of records. That will firmly result in improved compliance and minimize litigation risk.
  2. Provide accurate, timely, and full information to enable effective decision-making.
  3. Provide information and maintain records at the lowest possible rate.
  4. Process collected data as quickly as possible.
  5. Implement records management best practices and overcome challenges associated with this process.

I highly recommend also checking this full-depth article covering records management.8 Tips For Effective RECORDS MANAGEMENT (theecmconsultant.com) Records retention or documents retention refers to the preservation of critical documents that reflect decisions, policies, financial transactions, and internal controls.

What is a retained charge?

Retention Charges. Means the charges fixed by the Company from time to time to be levied while granting extensions.

What does Retained mean in collections?

More Definitions of Retained Collections Retained Collections means payments based on the DRC Charges that the Financing Order, a Tariff, an order or decision of the CPUC, or CPUC Regulations provide are to be retained by the Seller or the Servicer and not remitted to the Issuer.

What does a retained client mean?

Different types of retainer models – Retainers have evolved to cover scenarios where the emphasis is on the delivery of ‘value’, and not time, although time is often a component of a retainer model. For example, a highly skilled and experienced engineer with decades of experience might, in the space of a short phone call, be able to save their client a fortune.

In this scenario, it may not be in the best financial interests of the expert to work on a time basis, so the client pays a retainer each month, and may only ask two questions in a year. But the response and resulting value added to the client’s organisation more than justifies the retainer for both parties.

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Types of retainer models a contractor could adopt include:

Retained contracting/consultancy services: The client pays a set amount each month and in exchange is guaranteed to be able to access a certain amount of time. If the time is not used, it is rolled over into the next period, and/or the following month’s retainer invoice is adjusted – a similar model to classic consultancy or contracting, but guaranteed each month ‘Classic’ retainers: The client pays a set amount each month and can access the contractor for a certain amount of time. Unused time is ‘lost’, but if the contractor over delivers there is not normally an additional fee unless the over delivery is significant Retainers where the deliverable is ‘value’: Although all retainers emphasise the delivery of value rather than time, in this model the client wants to be able to access an expert when needed. So there is not usually an allocated time budget, but the client does pay for an expert to be available when needed A retainer to gain access to sought-after services: the client pays a retainer simply for the privilege of being a client of the contractor service provider or expert. The contractor delivers nothing in exchange for the retainer except to be available to provide their fee-charging services if the client wants them. And if the client does want them, it pays. Under this model, the contractor has the potential to generate significant ‘passive income’, for which little output may be required.

Choosing the right model, or a combination of models, will depend on the nature of the contractor’s services, expertise, the client’s needs and the relationship with the client.

What does retained attorney mean?

Retained legal counsel means a licensed attorney working in the private sector who is retained by a contractor or the Department to provide legal services.

Can dismissed case be reopened?

(Querist) 14 November 2013 This query is : Resolved The petitioners in a property case filed multiple cases in different courts and forums including high court but did not take it to its logical ends by abstaining or not attending the courts/forums whenever the cases were posted except for a few sessions initially. Sudhir Kumar, Advocate (Expert) 14 November 2013 you can within one month of order file case for restoration of case dismissed in default. R.K Nanda (Expert) 14 November 2013 it is 30 days from date of dismissal. ajay sethi (Expert) 14 November 2013 although it is one month time delay can be condoned by courts, make application for condonation of delay with affidavit in support, on payment of costs courts condone delay BAALASUBRAMANNYAMM (Expert) 14 November 2013 If a suit is dismissed for “default” on any reason, you have to file a petition under Order 9, Rule 9 CPC before the court, where the suit was dismissed. In case of non filing the said petition within the stipulated period, you can also file a delay condonation petition under Section 5 of Limitation Act. Adv. Chandrasekhar (Expert) 14 November 2013 30 days. Can be filed later on with an application for condonation of delay. if petitioner fails to appear, it is dimissal in default. if respondent fails to appear, it will go on ex-parte. V R SHROFF (Expert) 14 November 2013 receiving true copy of order for dismissal takes time, one can file delay condonation, on that basis prabhakar singh (Expert) 14 November 2013 An order of dismissal is passed against the party who initiated the proceedings when such a party fails to attend the date fixed by court. An ex parte order is passed against opposite party who does not appear to attend the case even after due service of notice of the case against him. yeteendra naidu (Querist) 15 November 2013 but would like to know if there is any time limit for condonation by the courts. V R SHROFF (Expert) 15 November 2013 at pleasure of court.

What happens if you get retained?

Grade retention or grade repetition is the process of a student repeating a grade due to failing on the previous year. An alternative to grade retention due to failure is a policy of social promotion, with the idea that staying within their same age group is important.

Social promotion is the obligatory advancement of all students regardless of achievements and absences. Social promotion is used more in countries which use tracking to group students according to academic ability. Some academic scholars believe that underperformance must be addressed with intensive remedial help, such as summer school or after-school programs in contrast to failing and retaining the student.

In most countries, retention rates are currently decreasing. In the United States, grade retention can be used in kindergarten through to twelfth grade; however, students in grades seven through twelve are usually only retained in the specific failed subject due to each subject having its own specific classroom rather than staying in one classroom with all subjects taught for the entire school day as it is in grades kindergarten through sixth grade.

  1. For example, in grades seven through to twelve, a student can be promoted in a math class but retained in a language class.
  2. Some elementary school grades (kindergarten or 1st grade to 5th or 6th grade) are confined to one room for the whole day, being taught all subjects in the same classroom usually by one teacher with the exception of art and gymnastics conducted in the art room and the gymnasium respectively.
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In these grades, the student must generally fail or score well below the accepted level in most or all areas within the entire curriculum to be retained. The student will then again repeat the entire school year within a single classroom and repeating the same subject matter as the previous year.

What does being retained at school mean?

Abstract – The purpose of this study was to determine whether students retained in first grade, relative to similarly low achieving students who were promoted, differed in the number of remedial educational services received by students in the year pre- retention year and in the repeat year.

Study participants were 769 relatively low achieving first grade students, of whom 165 were retained in first grade and 604 were promoted. Controlling for students’ conditional probability of being retained, based on propensity scores calculated prior to retention, retained students received the same number of services as promoted students during the pre-retention year.

The following year, when retained students were in first grade and promoted students were in second grade, retained students received fewer services than promoted students. Furthermore, retained children had a larger decrease in services from year 1 to year 2.

These data support the notion that grade retention is being employed as the primary intervention instead of a component of a more comprehensive remediation plan. Grade retention is a common practice in schools today. Grade retention, also called repeating a grade, is the act of placing a student in the same grade for a second year.

The practice of grade retention has been used for over 100 years in the schools, ever since the concept of sorting children by grade level was established ( Beebe-Frankenberger, Bocian, MacMillan, & Gresham, 2004 ). Its popularity as a method to help students who have not mastered their grade’s curriculum has steadily increased, becoming a common practice particularly in the last 30 years ( McCollum, Cortez, Maroney, & Montes, 1999 ).

This trend has been encouraged by the federal government; in his 1997, 1998 and 1999 State of the Union addresses, President Bill Clinton urged for an end to social promotion and an increase in standardized testing in order to show that students were meeting standards ( Picklo & Christenson, 2005 ).

This sentiment was put into law with the passage of No Child Left Behind in 2001, which holds schools accountable for student success and closing achievement gaps ( Jimerson et al., 2006 ). As of 2007 nearly 10% of students in grades kindergarten through eighth grade had been retained in their educational career ( Planty et al., 2009 ).

Beebe-Frankenberger and colleagues (2004) noted that the decision to retain a student is often based on assumptions that all children can be successful in their curriculum, each grade level is significantly different, and that children can become successful if given extra time in the grade level. Although failure to master grade-level academic skills is the most common reason for retaining a student ( Picklo & Christenson, 2005 ), students are sometimes retained for non-academic reasons.

In kindergarten, for example, children are often retained for behavioral reasons, being considered too immature to handle the social and behavioral expectations of older grades and needing more time to develop ( Hong & Yu, 2008 ). The majority of teachers in primary grades support the retention of children based on immaturity ( Tomchins & Impara, 1992 ).

What does it mean to be retained in a job?

What Is Employee Retention? – Employee retention is a phenomenon where employees choose to stay on with their current company and don’t actively seek other job prospects. The opposite of retention is turnover, where employees leave the company for a variety of reasons.

What does it mean for a student to be retained?

Retention is the practice of not promoting students up a grade level in school (e.g., students repeat a grade level) and is based on the belief that children learn more academically by repeating a grade (Fait, 1982).