Kopecky & Roberts, LLC

UNDERSTANDING THE LAW With Jim Roberts CLEMSON UNIVERSITY MOCK TRIAL 2019... On April 23, the Trial Practice and Persuasion pre-law class from Clemson University held its annual Mock Trial in the Superior Court of Wilkes County. Judge Harold Hinesley presided and a jury of twelve Wilkes Countians heard the evidence and returned the verdict. This is the tenth consecutive year that the Mock Trial has been held in Washington. The Mock Trial teams enjoyed lunch at The Square Cafe and briefly toured the Square prior to the trial. The Trial Practice and Procedure course is taught by Washington attorney Jim Roberts. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts ALABAMA PET PIG CASE Several years ago, Alabama Court of Civil Appeals ruled that a Vietnamese potbellied pig is neither livestock, not a nuisance. A lower court ruled that Taylor, a potbellied pig owned by Regina Gebauer, was a nuisance and should be banished from a middle-class neighborhood.... Taylor’s veterinarian testified that Vietnamese potbellied pigs don’t fit the veterinary definition of livestock because they are not raised for consumption. He further testified that such a pig is not a nuisance because it is less destructive than a puppy. The Appellate Court determined that the evidence was clear that a potbellied pig does not smell, does not wander outside of her fenced yard and doesn’t make noise - -with the exception of an oink, oink here and an oink, oink there. A property owner’s association had sued Ms. Gebauer claiming that Taylor violated the neighborhood’s restrictions on livestock and pets constituting a nuisance. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts WARRANTY DEEDS AND QUIT CLAIM DEEDS... The best deed available is the Warranty Deed because the grantor (person conveying the property) guarantees good, clear title to the property. A Warranty Deed also contains explicit covenants concerning quiet enjoyment, right to convey, freedom from incumbrances, and defense of title against all claims. A quit claim deed on the other hand conveys to the grantee (person receiving the property) only the interest that the grantor has in the property. It does not profess that such title is valid, nor does it contain any warranties or covenants of title. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts COMMON SENSE IN THE LAW... In 1823 Thomas Jefferson included the following in a letter to William Johnson: Laws are made for men of ordinary understanding, and should therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties, which may make anything mean everything or nothing at pleasure. Unfortunately, too many of the judges in our appellate courts try to replace common sense with political opinion. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts THE BUSINESS JUDGMENT RULE (Part 2)... Today we continue our discussion of the Business Judgment Rule as it applies to corporate directors. Courts have generally given three reasons for the Business Judgment Rule. Few members would be willing to serve as corporate directors if they faced personal liability for good faith errors in judgments that result in harm to the corporation. Courts also recognize that courts themselves are ill-equipped to make business judgments for directors and that second-guessing board decisions is not an efficient way to monitor directors. Finally, a corporation cannot be managed efficiently if directors are not given wide latitude in law to handle the corporation’s affairs. It is important to understand the limits of the Business Judgment Rule. Courts usually say that the authority of directors is absolute when they act within the law, and questions of policy and internal management are - in the absence of nonfeasance, misfeasance or malfeasance left wholly to their discretion. The Rule is not a protection if the offending action is an abuse of the board’s discretion, was tainted with board member conflicts of interest or was a result of the directors’ abdication of their duties to the corporation. Courts will step in and hold directors liable for their actions when directors are guilty of willful abuse of their discretionary powers, or bad faith, or of neglected duty, or of perversion of the purposes of the corporation, or when fraud or breach of trust is involved. Otherwise, directors are not personally liable for mistakes while exercising their informed, best judgment. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts Discrimination is alive and well in America against anyone or anything connected with evangelical Christianity. State and Federal laws prohibiting such discrimination are often ignored especially by certain city and county governing bodies. The most recently publicized example is the refusal of the San Antonio City Council to allow Chick-fil-A to operate a restaurant at the San Antonio Airport. The excuse for this discriminatory action ...stated by Councilman Roberto Trevino, is that Chick-fil-A has a history of giving to organizations he categorized as anti-LGBTQ. Chick-fil-A recently reported donations to local groups in Atlanta as well as national organizations such as the Fellowship of Christian Athletes, the Salvation Army, Junior Achievement and the Paul Anderson Youth Homes. It is not known if Councilman Trevino was referring to one of these organizations or others Chick-fil-A has contributed to in the past. Perhaps he was referring to the local churches Chick-fil-A employees contribute to. The Texas Attorney General has informed the mayor and council that he has "serious concerns" about religious liberty in this matter. He has started an investigation to determine if the vote violates state law and has asked the federal Department of Transportation to review it as well. The Federal DOT oversees interstate commerce. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts MOON VERDICT... A young man and his female companion were caught mooning passing motorists along a country road in the State of North Carolina. They were arrested and charged with Indecent Exposure. The case was tried before a judge without a jury. In his Not Guilty verdict the judge stated in part: Baring one’s private parts correctly describes Indecent Exposure, but a person’s ‘behind’, especially the ‘behind’ of a female does not count. [Editor’s Note: You can’t make this stuff up!] Mr. Roberts is a partner in the law firm of Kopecky & Roberts located at 28 E. Robert Toombs Avenue, Washington, Georgia (678-2448).

UNDERSTANDING THE LAW With Jim Roberts Discrimination is alive and well in America against anyone or anything connected with evangelical Christianity. State and Federal laws prohibiting such discrimination are often ignored especially by certain city and county governing bodies. The most recently publicized example is the refusal of the San Antonio City Council to allow Chick-fil-A to operate a restaurant at the San Antonio Airport. The excuse for this discriminatory action ...stated by Councilman Roberto Trevino, is that Chick-fil-A has a history of giving to organizations he categorized as anti-LGBTQ. Chick-fil-A recently reported donations to local groups in Atlanta as well as national organizations such as the Fellowship of Christian Athletes, the Salvation Army, Junior Achievement and the Paul Anderson Youth Homes. It is not known if Councilman Trevino was referring to one of these organizations or others Chick-fil-A has contributed to in the past. Perhaps he was referring to the local churches Chick-fil-A employees contribute to. The Texas Attorney General has informed the mayor and council that he has "serious concerns" about religious liberty in this matter. He has started an investigation to determine if the vote violates state law and has asked the federal Department of Transportation to review it as well. The Federal DOT oversees interstate commerce. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts MOON VERDICT... A young man and his female companion were caught mooning passing motorists along a country road in the State of North Carolina. They were arrested and charged with Indecent Exposure. The case was tried before a judge without a jury. In his Not Guilty verdict the judge stated in part: Baring one’s private parts correctly describes Indecent Exposure, but a person’s ‘behind’, especially the ‘behind’ of a female does not count. [Editor’s Note: You can’t make this stuff up!] Mr. Roberts is a partner in the law firm of Kopecky & Roberts located at 28 E. Robert Toombs Avenue, Washington, Georgia (678-2448).

UNDERSTANDING THE LAW With Jim Roberts CLEMSON UNIVERSITY MOCK TRIAL 2019... On April 23, the Trial Practice and Persuasion pre-law class from Clemson University held its annual Mock Trial in the Superior Court of Wilkes County. Judge Harold Hinesley presided and a jury of twelve Wilkes Countians heard the evidence and returned the verdict. This is the tenth consecutive year that the Mock Trial has been held in Washington. The Mock Trial teams enjoyed lunch at The Square Cafe and briefly toured the Square prior to the trial. The Trial Practice and Procedure course is taught by Washington attorney Jim Roberts. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts ALABAMA PET PIG CASE Several years ago, Alabama Court of Civil Appeals ruled that a Vietnamese potbellied pig is neither livestock, not a nuisance. A lower court ruled that Taylor, a potbellied pig owned by Regina Gebauer, was a nuisance and should be banished from a middle-class neighborhood.... Taylor’s veterinarian testified that Vietnamese potbellied pigs don’t fit the veterinary definition of livestock because they are not raised for consumption. He further testified that such a pig is not a nuisance because it is less destructive than a puppy. The Appellate Court determined that the evidence was clear that a potbellied pig does not smell, does not wander outside of her fenced yard and doesn’t make noise - -with the exception of an oink, oink here and an oink, oink there. A property owner’s association had sued Ms. Gebauer claiming that Taylor violated the neighborhood’s restrictions on livestock and pets constituting a nuisance. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts WARRANTY DEEDS AND QUIT CLAIM DEEDS... The best deed available is the Warranty Deed because the grantor (person conveying the property) guarantees good, clear title to the property. A Warranty Deed also contains explicit covenants concerning quiet enjoyment, right to convey, freedom from incumbrances, and defense of title against all claims. A quit claim deed on the other hand conveys to the grantee (person receiving the property) only the interest that the grantor has in the property. It does not profess that such title is valid, nor does it contain any warranties or covenants of title. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts COMMON SENSE IN THE LAW... In 1823 Thomas Jefferson included the following in a letter to William Johnson: Laws are made for men of ordinary understanding, and should therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties, which may make anything mean everything or nothing at pleasure. Unfortunately, too many of the judges in our appellate courts try to replace common sense with political opinion. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]

UNDERSTANDING THE LAW With Jim Roberts THE BUSINESS JUDGMENT RULE (Part 2)... Today we continue our discussion of the Business Judgment Rule as it applies to corporate directors. Courts have generally given three reasons for the Business Judgment Rule. Few members would be willing to serve as corporate directors if they faced personal liability for good faith errors in judgments that result in harm to the corporation. Courts also recognize that courts themselves are ill-equipped to make business judgments for directors and that second-guessing board decisions is not an efficient way to monitor directors. Finally, a corporation cannot be managed efficiently if directors are not given wide latitude in law to handle the corporation’s affairs. It is important to understand the limits of the Business Judgment Rule. Courts usually say that the authority of directors is absolute when they act within the law, and questions of policy and internal management are - in the absence of nonfeasance, misfeasance or malfeasance left wholly to their discretion. The Rule is not a protection if the offending action is an abuse of the board’s discretion, was tainted with board member conflicts of interest or was a result of the directors’ abdication of their duties to the corporation. Courts will step in and hold directors liable for their actions when directors are guilty of willful abuse of their discretionary powers, or bad faith, or of neglected duty, or of perversion of the purposes of the corporation, or when fraud or breach of trust is involved. Otherwise, directors are not personally liable for mistakes while exercising their informed, best judgment. The law firm of Kopecky & Roberts is located at 28 E. Robert Toombs Avenue, Washington, Georgia. (706) 678-2448. Email to [email protected]