Legal Definitions - amotion

Amotion refers to the act of removing someone or something, and it has several distinct meanings in a legal context:

• Removal from a Position or Property

  This meaning of amotion refers to the act of forcing someone out of a position, office, or property.

  • Example 1: A landlord initiates legal proceedings to evict a tenant who has repeatedly violated the terms of their lease agreement, such as causing excessive damage to the property. This legal eviction process is an amotion, as it results in the tenant being removed from the rented premises.

    Explanation: Here, amotion describes the landlord's action of legally removing the tenant from their occupancy of the property.

  • Example 2: A professional licensing board conducts an investigation and determines that a licensed medical doctor has engaged in severe professional misconduct. Following due process, the board votes to revoke the doctor's license and remove them from their professional standing. This removal from office or professional status is an amotion.

    Explanation: In this scenario, amotion refers to the formal removal of the doctor from their professional office or position due to their actions.

• Removal of a Corporate Director by Shareholders

  In corporate law, amotion specifically refers to the common-law procedure by which shareholders can remove a director from a company's board for a valid reason, often referred to as "for cause."

  • Example 1: The shareholders of a technology company discover that one of their board directors has been secretly using company resources to develop a competing product for a rival firm. At a special meeting, the shareholders vote overwhelmingly to remove this director from the board due to this conflict of interest and breach of duty. This formal removal is an amotion.

    Explanation: This illustrates amotion as the shareholders' exercise of their right to remove a director for a legitimate reason (cause) related to their performance and loyalty to the company.

  • Example 2: A publicly traded company's director is convicted of a serious financial crime unrelated to the company, but the conviction significantly damages the company's reputation and investor confidence. The company's bylaws allow for the removal of a director for actions that harm the corporation's standing. The shareholders, recognizing the damage, initiate a vote to remove the director. This action constitutes an amotion.

    Explanation: Here, amotion is the process by which shareholders remove a director whose actions, even if external, have created sufficient "cause" for their removal from the corporate board.

• Wrongful Moving or Carrying Away of Personal Property

  This meaning of amotion refers to the unlawful act of physically moving or taking someone else's personal belongings without their permission.

  • Example 1: A person walks into an unlocked garage and, without permission, moves a valuable antique bicycle from its stand and places it in their own vehicle, intending to take it. This act of physically moving and carrying away the bicycle is an amotion.

    Explanation: This demonstrates amotion as the unauthorized physical displacement and taking of another's movable property.

  • Example 2: During a neighborhood dispute, one neighbor, out of spite, enters another neighbor's yard and moves their newly delivered patio furniture from the porch to the back alley, causing it to be exposed to the elements and potentially damaged. This unauthorized relocation of the furniture is an amotion.

    Explanation: In this instance, amotion describes the wrongful act of moving the patio furniture from its rightful place without the owner's consent.