Also known as: portions · portioneer · portioneers · portioner · share
Written by attorneys · grounded in primary & secondary sources — see below
A distinct share or segment of a larger whole.
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Philip Powell entered a residence through an unlocked door. Once inside he forced open a locked closet containing valuables. The forced entry into the closet satisfied the breaking element because it reached a separately secured portion of the dwelling.
Pedro Pacheco entered an apartment building lobby that was open to the public. He then forced the locked door of one tenant's unit to steal electronics. The unit counted as a separately secured portion, supporting a burglary charge.
Penelope Price and Parker Phillips, lawyers from different firms, agreed to split a contingency fee in a personal-injury case. They obtained the client's written consent specifying each lawyer's share. The written confirmation satisfied the requirement for a valid division of the fee portion.
Pinnacle Holdings sued a diverse defendant for $90,000. Phoenix Technologies joined as a plaintiff with a related claim for only $40,000. The court exercised supplemental jurisdiction over Phoenix Technologies' claim because it shared a common nucleus of operative fact with the anchor claim.
Pierre Poulin and Pilar Pena formed a general partnership. After profitable operations the partners divided the year's net distributions equally. Each received a one-half portion of the profits as required by the default statutory rule.
Prosperity Investments held title to land that Precision Tools' decedent had transferred to an heir during life. The decedent's contemporaneous writing stated the transfer was an advancement. The court treated the land as a portion of the heir's eventual intestate share.
A locked closet or wall safe inside a dwelling counts as a separately secured portion. Forcing entry into that space satisfies the breaking element even if the outer door was unlocked. Breaking into a mere box or trunk inside the dwelling does not qualify.
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The Code defines burglary to include entry into a separately secured or occupied portion of a building or occupied structure. The unit must not be open to the public and the actor must lack license or privilege to enter. Abandonment of the structure supplies an affirmative defense.
…that it has any possible pre-natal application. All this, together with our observation, supra , that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word "person," as used in the Fourteenth Amendment, does not include the…
…the South," and the officers of the Committee were listed. Of the 10 paragraphs of text in the advertisement, the third and a portion of the sixth were the basis of respondent's claim of libel. They read as follows: Third paragraph: "In Montgomery, Alabama, after students sang My Country, 'Tis of Thee' on the State…
…Due Process Clause, and that some precedents relying on one Clause have also relied on the other. Ante, at 20. Absent from this portion of the opinion, however, is anything resembling our usual framework for deciding equal protection cases. It is casebook doctrine that the “modern Supreme Court’s treatment of equal…
…Co. , 272 U. S. 365 (1926) (prohibition of industrial use); Gorieb v. Fox , 274 U. S. 603, 608 (1927) (requirement that portions
…notified by mail each person of full age and sound mind whose name and address were then known to it and who was "entitled to share
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The client must agree in writing to the fee-division arrangement and to the specific share each lawyer will receive. The total fee must remain reasonable. The division must also be proportional to services or rest on joint responsibility.
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Supplemental jurisdiction is available when at least one plaintiff's claim meets the jurisdictional amount, complete diversity exists, and the additional claim shares a common nucleus of operative fact. The doctrine may not be used to destroy complete diversity.
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Each partner receives an equal share of distributions. Partners are chargeable with losses in the same proportion as their share of distributions, except in a limited-liability partnership. The rule applies unless the partnership agreement provides otherwise.
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The gift is an advancement only if the decedent declared in a contemporaneous writing, or the heir acknowledged in writing, that the transfer is an advancement. The writing must also indicate that the gift will be taken into account when dividing the intestate estate.
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