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A General Assignment of Assets to one’s Living Trust can help avoid a Probate.

                 Re-titling assets, like stock and bonds, from one’s name into one’s living trust is necessary to avoiding an unnecessary probate of such assets if held outside of the trust.   Sometimes people fail to transfer some or all of their intended trust assets into their trust.   A general assignment of assets to one’s living trust provides an important safeguard. Let’s examine what a general assignment is and how it helps to fund one’s trust and avoid a probate with the help of a Lake County probate attorney:

                A general assignment of assets transfers ownership on a wide variety of assets as the name implies.   An all encompassing general assignment is regularly used by estate planners to transfer all types of financial assets (excluding tax deferred retirement accounts) and personal property (such as the contents of one’s home) into the trust. It is a half-step towards actually re-titling the securities and the financial accounts into the name of the trustee.   Nevertheless, the settlor should still proceed to contact the banks, brokerages, and stock transfer agents (as relevant) to formally transfer legal title into the name of the trustee.   But, in the event that the formal legal title is not transferred prior to death, the general assignment can be used to obtain a court order to transfer legal title into the trust.

                In Kucker v. Kucker , (2011), 192 CA 4 th , 90, the Court of Appeal reversed a trial court decision wherein the trial court disallowed a petition to transfer stocks into a trust based on a general assignment of all assets by the settlor to the trustee.   The Court of Appeal agreed with the petitioner that a general assignment of all or substantially all of the settlor’s assets into one’s trust does cause the stocks to be owned by the trustee.   An otherwise unnecessary probate was thus avoided thanks to a general assignment by the settlor.

                Similarly, a declaration of trust by a settlor to hold certain assets listed on a schedule of pledged assets attached to a trust document can likewise be used to accomplish the same result.   Most attorneys use a schedule of initial trust assets and a general assignment to reinforce one-another.   Moreover, unlike the general assignment, the schedule of trust assets will also include the real estate – together with a full legal description — for the same reason.   That is, if a trust transfer deed is not properly executed prior to the settlor’s death, then the schedule of initial trust assets to a declaration of trust can be used to petition the court to transfer legal title into the trust without a probate.

                While the general assignment and the declaration of trust are important safeguards against the failure to formally transfer title to trust assets while the settlor is still alive and competent, such safeguards are just safeguards.   The better course of action is to see that one’s real estate, stocks and bonds, and financial accounts (and other trust assets) are properly titled in the name of the trustee of one’s trust.   After all, filing a court petition entails further expenses and delay in the administration of the trust that can be avoided.   

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  • assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Insolvency Services Group

  • General Assignment

We offer a team of experts to analyze the details of each unique situation and develop a deal structure based on sound business and legal principles.

What is general assignment.

Whether the distressed business is a corporation, a limited liability company, a partnership, an institutional lender faced with troubled credit, or a venture capital firm with a distressed portfolio company, one solution is a general assignment, or Assignment for Benefit of Creditors (ABC). An ABC is a nonjudicial liquidation process that tends to be far less costly and time-consuming than bankruptcy. 

A general assignment is preferred by secured creditors, as it reduces their own legal costs as well as the risks related to asset sale and foreclosure. In bankruptcy, there are a number of traps for the unwary, but in a general assignment – given Insolvency Services Group’s (ISG) unique, in-house legal expertise – the distressed company is better able to steer around hidden obstacles.

At ISG, we specialize in tailoring this process to meet the needs of the distressed company, consistent with the legal rights of and duties to creditors. We assess and confer with the distressed company and its management to determine whether a general assignment is the appropriate tool. We offer a team of experts to analyze the details of each unique situation and develop a deal structure based on sound business and legal principles which will withstand scrutiny.

Advantages of General Assignment

In California, there is no court involved in the commencement of general assignments – it is an out-of-court contractual device. The laws of assignments in other states vary, and ISG can assist companies in determining the applicable requirements for commencing and pursuing a general assignment for companies located outside of California.

No California court oversees general assignments, so there is no formal court approval for the disposition of assets. That means greater flexibility and less delay in selling and disposing of assets, with a greater net recovery to creditors and other parties in interest. In turn, the resolution is faster and the overall expense is lower.

The option of selecting a reputable assignee is critical. Unlike bankruptcy, distressed companies have the ability to choose a well-recognized and respected assignee who is able to better drive the process to a successful conclusion and defend an involuntary bankruptcy petition, should creditors seek to challenge the general assignment.

General Assignment Through ISG

A team of experts to analyze the details of each situation

Industry-specific experience backed by decades of success

Specialization from both a business and legal standpoint

General Assignment Cases

Total assets, total liabilities, “i have worked with the insolvency services group (isg) for over 20 years. joel weinberg, the principal of isg, is a true fiduciary with a hands-on approach who guides the isg assignments for the benefit of creditors and receiverships to ensure they are conducted in accordance with applicable law and withstand any challenge. gunther gee, who assists joel with all of the isg matters, has a wealth of insolvency experience and works closely with all of the isg clients to ensure the best result. the isg team handles insolvency cases involving almost every industry and is well-aware of and has solutions for the industry-specific issues that will undoubtedly arise. isg is well-suited for both the highly complex cases with multiple asset sales involving existing equity acquirers as well as the simple wind-down of a small company. above all, the isg team is creative and resolves problems with a practical approach, which results in streamlined and cost-efficient cases. if you are considering an assignment for the benefit of creditors or a receivership, i highly recommend that you reach out to isg.”.

– Eve H. Karasik, Esq., Levene, Neale, Bender, Yoo & Brill

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A banker asked us: General vs specific assignments of rents and leases in Ontario

Q: What is the difference between a general assignment of rents and leases and a specific assignment of rents and leases, and when should I include them in my term sheet for a commercial real estate financing of an Ontario property?

A: In situations where a borrower owns real property in Ontario that either is or will be leased to third party tenants, a lender should consider obtaining either a general assignment of rents and leases or a specific assignment of rents and leases in addition to a mortgage on the secured property. Like a mortgage, an assignment of rents and leases should be registered against title to the subject property, and in addition, should be registered under the applicable personal property security legislation as the rents and leases that are being secured by the assignment fall within the definition of personal property under that legislation. [1]

An assignment of rents and leases, be it a general assignment of rents and leases or a specific assignment of rents and leases, provides a lender with two principal benefits which may be realized by the lender after an event of default:

  • it permits the lender to receive the rent payments that the borrower/landlord would otherwise be entitled to, and this revenue stream from the tenants is a significant asset that should be secured; and,
  • it permits the lender to step into the shoes of the borrower/landlord and exercise all of the rights and remedies available to the landlord to ensure that the full benefit and value of the lease is realized by the lender, which includes for example, the right to demand payment in the event of non-payment of rent by a tenant and to assign the lease to a purchaser in the event of a power of sale proceeding.

The only difference between a general assignment of rents and leases and a specific assignment of rents and leases is the revenue streams and leases to which they apply. A general assignment of rents and leases applies to all present and future rental income and leases in respect of a particular property. Once in place, a general assignment of rents and leases gives the lender a right to the rental income and the ability to exercise all of the rights of the landlord under a lease in respect of all leases of the property, including but not limited to any new leases, subleases or assignments of lease entered into after the assignment is granted and registered. In contrast to this, a specific assignment of rents and leases only applies to leases which are specifically listed in the document. In the event that any of the specifically listed leases expire or are terminated, and/or a new lease or sublease is put in place, the specific assignment of leases will not apply to this new lease or sublease and the lender will have no right to the rental income or rights resulting from the new lease or sublease.

In most lending situations, the lender will prefer a general assignment of rents and leases as it provides the most comprehensive security. The lender will have security over all rental income, and be able to exercise the rights of the landlord, regardless of who the tenants are in the future, or what leases the borrower has in place at the time of default under the terms of the loan or credit facility. However, where there is a principal or anchor tenant that represents a preponderance of the rental income, and/or the borrower objects to a general assignment of rents and leases securing all rents and leases as too broad a security interest, the lender may only be interested in securing the rental income and landlord rights associated with a specific principal or anchor lease, or a particular group of leases. In such a situation, a specific assignment of rents and leases may be a reasonable compromise position for a lender to adopt. Alternatively, in situations where multiple lenders are taking security in a particular parcel of real property, specific assignments of rents and leases allow the various lenders to divide the rental income and leases among themselves, with each lender only obtaining security in a specifically agreed upon lease or group of leases.

The above is a general overview of general and specific assignments of rents and leases. The professionals in Gowling WLG (Canada) LLP’s financial services practice group would be pleased to discuss your lending and real property security needs in greater detail, and help you chose the security documents most appropriate for your lending needs.

[1] Some financial institutions have chosen to incorporate into their Standard Charge Terms for their mortgages various provisions that serve as a general assignment of rents, and they do not register a separate general assignment of rents as a result.

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Is a General Assignment Sufficient to Fund a Revocable Trust?

  • Harry S. Margolis
  • August 4, 2011

By Harry S. Margolis

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If you sign a document saying that all of your assets will go into a revocable trust, will this work to fund the trust and avoid probate, or do you need to retitle each asset and account individually? Often trusts include a Schedule A with a list of property to be transferred to the trust, but is that sufficient?

In the California case of Kucker v. Kucker , the California Appeals Court answered in the affirmative, saying (with some caveats) that the general assignment worked.

Mona Berkowitz, age 84, executed a revocable trust and a general assignment of all of her personal property to the trust. Personal property includes bank accounts, investment accounts, cash, and personal belongings such as furniture, artwork, clothing, and jewelry.

At issue in this case was whether the general assignment covered certain stock. There was a specific assignment of some stock, but one company was inadvertently left off the form. If it was not covered by the general assignment, Ms. Berkowitz’s estate would have to be probated and the stock might pass to someone different, depending on the terms of her will and trust.

The trial court determined that the general assignment did not cover the stock.  But on appeal, the California Court of Appeals reversed the decision, determining that (1) there is no California law prohibiting the assignment of stock to a trust through a general assignment and (2) that it was clear that Ms. Berkowitz intended to transfer all of her property to the trust. The Court commented that this finding would be different if real estate were involved.

While this case seems to have worked out for Ms. Berkowitz’s intended heirs, we counsel clients to go the extra step of changing title to property they want to include so that there’s no question that it has been transferred to the trust. And, of course, the details of this case decision only applies in California. Anyone in Massachusetts would be wise to consult with a trusted attorney in this state.

Interested in reading more about this topic?

How Do I Fund My Revocable Trust?

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Assign is the act of transferring rights , property , or other benefits to another party (the assignee ) from the party who holds such benefits under contract (the assignor). This concept is used in both  contract  and property law . 

Contract Law  

Under contract law, when one party assigns a  contract , the assignment represents both: (1) an assignment of rights; and (2) a delegation of  duties . 

  • For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. 
  • Here, A has both: (1) assigned A’s rights under the contract to the $50; and (2) delegated A’s  duty  to teach guitar, to C. 
  • In this example, A is both the “assignor” and the “delegee” who delegates  the duties to another (C), C is known as the “ obligor ” who must perform the  obligations  to the  assignee , and B is the assignee who is owed duties and is liable to the obligor.

Assigning of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law. 

First, if an individual has not yet secured the contract to perform duties to another, they cannot assign their future right to an assignee. 

  • That is, if A has not yet contracted with B to teach B guitar, A cannot assign their rights to C. 

Second, rights cannot be assigned when they  materially change the obligor’s duty and rights. 

Third, the obligor can sue the assignee directly if the assignee does not pay them. 

  • Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised  performance  is more commonplace. Further, an obligee can sue if the  assignee  does not perform.  However, the delegee is  secondarily liable  unless there has been an  express   release  of the delegee. 

  • Meaning if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is  novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. Novation requires an original obligee’s  consent . 

Property Law

Under  property law , assignment typically arises in landlord-tenant situations.

  • For example, A might be renting from landlord B but wants another party (C) to take over the property. 
  • In this scenario, A might choose between  assigning  and  subleasing  the property to C. 
  • If  assigning , A would give C the entire balance of the term , with no reversion to anyone; whereas if  subleasing , A would give C the property for a limited period of the remaining term.
  • Under assignment, C would have  privity  of  estate  with the landlord while under a sublease, C would not. 

[Last updated in June of 2022 by the Wex Definitions Team ]

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The Writing Center • University of North Carolina at Chapel Hill

Understanding Assignments

What this handout is about.

The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms and practices into meaningful clues to the type of writing your instructor expects. See our short video for more tips.

Basic beginnings

Regardless of the assignment, department, or instructor, adopting these two habits will serve you well :

  • Read the assignment carefully as soon as you receive it. Do not put this task off—reading the assignment at the beginning will save you time, stress, and problems later. An assignment can look pretty straightforward at first, particularly if the instructor has provided lots of information. That does not mean it will not take time and effort to complete; you may even have to learn a new skill to complete the assignment.
  • Ask the instructor about anything you do not understand. Do not hesitate to approach your instructor. Instructors would prefer to set you straight before you hand the paper in. That’s also when you will find their feedback most useful.

Assignment formats

Many assignments follow a basic format. Assignments often begin with an overview of the topic, include a central verb or verbs that describe the task, and offer some additional suggestions, questions, or prompts to get you started.

An Overview of Some Kind

The instructor might set the stage with some general discussion of the subject of the assignment, introduce the topic, or remind you of something pertinent that you have discussed in class. For example:

“Throughout history, gerbils have played a key role in politics,” or “In the last few weeks of class, we have focused on the evening wear of the housefly …”

The Task of the Assignment

Pay attention; this part tells you what to do when you write the paper. Look for the key verb or verbs in the sentence. Words like analyze, summarize, or compare direct you to think about your topic in a certain way. Also pay attention to words such as how, what, when, where, and why; these words guide your attention toward specific information. (See the section in this handout titled “Key Terms” for more information.)

“Analyze the effect that gerbils had on the Russian Revolution”, or “Suggest an interpretation of housefly undergarments that differs from Darwin’s.”

Additional Material to Think about

Here you will find some questions to use as springboards as you begin to think about the topic. Instructors usually include these questions as suggestions rather than requirements. Do not feel compelled to answer every question unless the instructor asks you to do so. Pay attention to the order of the questions. Sometimes they suggest the thinking process your instructor imagines you will need to follow to begin thinking about the topic.

“You may wish to consider the differing views held by Communist gerbils vs. Monarchist gerbils, or Can there be such a thing as ‘the housefly garment industry’ or is it just a home-based craft?”

These are the instructor’s comments about writing expectations:

“Be concise”, “Write effectively”, or “Argue furiously.”

Technical Details

These instructions usually indicate format rules or guidelines.

“Your paper must be typed in Palatino font on gray paper and must not exceed 600 pages. It is due on the anniversary of Mao Tse-tung’s death.”

The assignment’s parts may not appear in exactly this order, and each part may be very long or really short. Nonetheless, being aware of this standard pattern can help you understand what your instructor wants you to do.

Interpreting the assignment

Ask yourself a few basic questions as you read and jot down the answers on the assignment sheet:

Why did your instructor ask you to do this particular task?

Who is your audience.

  • What kind of evidence do you need to support your ideas?

What kind of writing style is acceptable?

  • What are the absolute rules of the paper?

Try to look at the question from the point of view of the instructor. Recognize that your instructor has a reason for giving you this assignment and for giving it to you at a particular point in the semester. In every assignment, the instructor has a challenge for you. This challenge could be anything from demonstrating an ability to think clearly to demonstrating an ability to use the library. See the assignment not as a vague suggestion of what to do but as an opportunity to show that you can handle the course material as directed. Paper assignments give you more than a topic to discuss—they ask you to do something with the topic. Keep reminding yourself of that. Be careful to avoid the other extreme as well: do not read more into the assignment than what is there.

Of course, your instructor has given you an assignment so that he or she will be able to assess your understanding of the course material and give you an appropriate grade. But there is more to it than that. Your instructor has tried to design a learning experience of some kind. Your instructor wants you to think about something in a particular way for a particular reason. If you read the course description at the beginning of your syllabus, review the assigned readings, and consider the assignment itself, you may begin to see the plan, purpose, or approach to the subject matter that your instructor has created for you. If you still aren’t sure of the assignment’s goals, try asking the instructor. For help with this, see our handout on getting feedback .

Given your instructor’s efforts, it helps to answer the question: What is my purpose in completing this assignment? Is it to gather research from a variety of outside sources and present a coherent picture? Is it to take material I have been learning in class and apply it to a new situation? Is it to prove a point one way or another? Key words from the assignment can help you figure this out. Look for key terms in the form of active verbs that tell you what to do.

Key Terms: Finding Those Active Verbs

Here are some common key words and definitions to help you think about assignment terms:

Information words Ask you to demonstrate what you know about the subject, such as who, what, when, where, how, and why.

  • define —give the subject’s meaning (according to someone or something). Sometimes you have to give more than one view on the subject’s meaning
  • describe —provide details about the subject by answering question words (such as who, what, when, where, how, and why); you might also give details related to the five senses (what you see, hear, feel, taste, and smell)
  • explain —give reasons why or examples of how something happened
  • illustrate —give descriptive examples of the subject and show how each is connected with the subject
  • summarize —briefly list the important ideas you learned about the subject
  • trace —outline how something has changed or developed from an earlier time to its current form
  • research —gather material from outside sources about the subject, often with the implication or requirement that you will analyze what you have found

Relation words Ask you to demonstrate how things are connected.

  • compare —show how two or more things are similar (and, sometimes, different)
  • contrast —show how two or more things are dissimilar
  • apply—use details that you’ve been given to demonstrate how an idea, theory, or concept works in a particular situation
  • cause —show how one event or series of events made something else happen
  • relate —show or describe the connections between things

Interpretation words Ask you to defend ideas of your own about the subject. Do not see these words as requesting opinion alone (unless the assignment specifically says so), but as requiring opinion that is supported by concrete evidence. Remember examples, principles, definitions, or concepts from class or research and use them in your interpretation.

  • assess —summarize your opinion of the subject and measure it against something
  • prove, justify —give reasons or examples to demonstrate how or why something is the truth
  • evaluate, respond —state your opinion of the subject as good, bad, or some combination of the two, with examples and reasons
  • support —give reasons or evidence for something you believe (be sure to state clearly what it is that you believe)
  • synthesize —put two or more things together that have not been put together in class or in your readings before; do not just summarize one and then the other and say that they are similar or different—you must provide a reason for putting them together that runs all the way through the paper
  • analyze —determine how individual parts create or relate to the whole, figure out how something works, what it might mean, or why it is important
  • argue —take a side and defend it with evidence against the other side

More Clues to Your Purpose As you read the assignment, think about what the teacher does in class:

  • What kinds of textbooks or coursepack did your instructor choose for the course—ones that provide background information, explain theories or perspectives, or argue a point of view?
  • In lecture, does your instructor ask your opinion, try to prove her point of view, or use keywords that show up again in the assignment?
  • What kinds of assignments are typical in this discipline? Social science classes often expect more research. Humanities classes thrive on interpretation and analysis.
  • How do the assignments, readings, and lectures work together in the course? Instructors spend time designing courses, sometimes even arguing with their peers about the most effective course materials. Figuring out the overall design to the course will help you understand what each assignment is meant to achieve.

Now, what about your reader? Most undergraduates think of their audience as the instructor. True, your instructor is a good person to keep in mind as you write. But for the purposes of a good paper, think of your audience as someone like your roommate: smart enough to understand a clear, logical argument, but not someone who already knows exactly what is going on in your particular paper. Remember, even if the instructor knows everything there is to know about your paper topic, he or she still has to read your paper and assess your understanding. In other words, teach the material to your reader.

Aiming a paper at your audience happens in two ways: you make decisions about the tone and the level of information you want to convey.

  • Tone means the “voice” of your paper. Should you be chatty, formal, or objective? Usually you will find some happy medium—you do not want to alienate your reader by sounding condescending or superior, but you do not want to, um, like, totally wig on the man, you know? Eschew ostentatious erudition: some students think the way to sound academic is to use big words. Be careful—you can sound ridiculous, especially if you use the wrong big words.
  • The level of information you use depends on who you think your audience is. If you imagine your audience as your instructor and she already knows everything you have to say, you may find yourself leaving out key information that can cause your argument to be unconvincing and illogical. But you do not have to explain every single word or issue. If you are telling your roommate what happened on your favorite science fiction TV show last night, you do not say, “First a dark-haired white man of average height, wearing a suit and carrying a flashlight, walked into the room. Then a purple alien with fifteen arms and at least three eyes turned around. Then the man smiled slightly. In the background, you could hear a clock ticking. The room was fairly dark and had at least two windows that I saw.” You also do not say, “This guy found some aliens. The end.” Find some balance of useful details that support your main point.

You’ll find a much more detailed discussion of these concepts in our handout on audience .

The Grim Truth

With a few exceptions (including some lab and ethnography reports), you are probably being asked to make an argument. You must convince your audience. It is easy to forget this aim when you are researching and writing; as you become involved in your subject matter, you may become enmeshed in the details and focus on learning or simply telling the information you have found. You need to do more than just repeat what you have read. Your writing should have a point, and you should be able to say it in a sentence. Sometimes instructors call this sentence a “thesis” or a “claim.”

So, if your instructor tells you to write about some aspect of oral hygiene, you do not want to just list: “First, you brush your teeth with a soft brush and some peanut butter. Then, you floss with unwaxed, bologna-flavored string. Finally, gargle with bourbon.” Instead, you could say, “Of all the oral cleaning methods, sandblasting removes the most plaque. Therefore it should be recommended by the American Dental Association.” Or, “From an aesthetic perspective, moldy teeth can be quite charming. However, their joys are short-lived.”

Convincing the reader of your argument is the goal of academic writing. It doesn’t have to say “argument” anywhere in the assignment for you to need one. Look at the assignment and think about what kind of argument you could make about it instead of just seeing it as a checklist of information you have to present. For help with understanding the role of argument in academic writing, see our handout on argument .

What kind of evidence do you need?

There are many kinds of evidence, and what type of evidence will work for your assignment can depend on several factors–the discipline, the parameters of the assignment, and your instructor’s preference. Should you use statistics? Historical examples? Do you need to conduct your own experiment? Can you rely on personal experience? See our handout on evidence for suggestions on how to use evidence appropriately.

Make sure you are clear about this part of the assignment, because your use of evidence will be crucial in writing a successful paper. You are not just learning how to argue; you are learning how to argue with specific types of materials and ideas. Ask your instructor what counts as acceptable evidence. You can also ask a librarian for help. No matter what kind of evidence you use, be sure to cite it correctly—see the UNC Libraries citation tutorial .

You cannot always tell from the assignment just what sort of writing style your instructor expects. The instructor may be really laid back in class but still expect you to sound formal in writing. Or the instructor may be fairly formal in class and ask you to write a reflection paper where you need to use “I” and speak from your own experience.

Try to avoid false associations of a particular field with a style (“art historians like wacky creativity,” or “political scientists are boring and just give facts”) and look instead to the types of readings you have been given in class. No one expects you to write like Plato—just use the readings as a guide for what is standard or preferable to your instructor. When in doubt, ask your instructor about the level of formality she or he expects.

No matter what field you are writing for or what facts you are including, if you do not write so that your reader can understand your main idea, you have wasted your time. So make clarity your main goal. For specific help with style, see our handout on style .

Technical details about the assignment

The technical information you are given in an assignment always seems like the easy part. This section can actually give you lots of little hints about approaching the task. Find out if elements such as page length and citation format (see the UNC Libraries citation tutorial ) are negotiable. Some professors do not have strong preferences as long as you are consistent and fully answer the assignment. Some professors are very specific and will deduct big points for deviations.

Usually, the page length tells you something important: The instructor thinks the size of the paper is appropriate to the assignment’s parameters. In plain English, your instructor is telling you how many pages it should take for you to answer the question as fully as you are expected to. So if an assignment is two pages long, you cannot pad your paper with examples or reword your main idea several times. Hit your one point early, defend it with the clearest example, and finish quickly. If an assignment is ten pages long, you can be more complex in your main points and examples—and if you can only produce five pages for that assignment, you need to see someone for help—as soon as possible.

Tricks that don’t work

Your instructors are not fooled when you:

  • spend more time on the cover page than the essay —graphics, cool binders, and cute titles are no replacement for a well-written paper.
  • use huge fonts, wide margins, or extra spacing to pad the page length —these tricks are immediately obvious to the eye. Most instructors use the same word processor you do. They know what’s possible. Such tactics are especially damning when the instructor has a stack of 60 papers to grade and yours is the only one that low-flying airplane pilots could read.
  • use a paper from another class that covered “sort of similar” material . Again, the instructor has a particular task for you to fulfill in the assignment that usually relates to course material and lectures. Your other paper may not cover this material, and turning in the same paper for more than one course may constitute an Honor Code violation . Ask the instructor—it can’t hurt.
  • get all wacky and “creative” before you answer the question . Showing that you are able to think beyond the boundaries of a simple assignment can be good, but you must do what the assignment calls for first. Again, check with your instructor. A humorous tone can be refreshing for someone grading a stack of papers, but it will not get you a good grade if you have not fulfilled the task.

Critical reading of assignments leads to skills in other types of reading and writing. If you get good at figuring out what the real goals of assignments are, you are going to be better at understanding the goals of all of your classes and fields of study.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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Assignment: Definition in Finance, How It Works, and Examples

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

what is a general assignment

Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science in Journalism. She has worked in multiple cities covering breaking news, politics, education, and more. Her expertise is in personal finance and investing, and real estate.

what is a general assignment

What Is an Assignment?

Assignment most often refers to one of two definitions in the financial world:

  • The transfer of an individual's rights or property to another person or business. This concept exists in a variety of business transactions and is often spelled out contractually.
  • In trading, assignment occurs when an option contract is exercised. The owner of the contract exercises the contract and assigns the option writer to an obligation to complete the requirements of the contract.

Key Takeaways

  • Assignment is a transfer of rights or property from one party to another.
  • Options assignments occur when option buyers exercise their rights to a position in a security.
  • Other examples of assignments can be found in wages, mortgages, and leases.

Uses For Assignments

Assignment refers to the transfer of some or all property rights and obligations associated with an asset, property, contract, or other asset of value. to another entity through a written agreement.

Assignment rights happen every day in many different situations. A payee, like a utility or a merchant, assigns the right to collect payment from a written check to a bank. A merchant can assign the funds from a line of credit to a manufacturing third party that makes a product that the merchant will eventually sell. A trademark owner can transfer, sell, or give another person interest in the trademark or logo. A homeowner who sells their house assigns the deed to the new buyer.

To be effective, an assignment must involve parties with legal capacity, consideration, consent, and legality of the object.

A wage assignment is a forced payment of an obligation by automatic withholding from an employee’s pay. Courts issue wage assignments for people late with child or spousal support, taxes, loans, or other obligations. Money is automatically subtracted from a worker's paycheck without consent if they have a history of nonpayment. For example, a person delinquent on $100 monthly loan payments has a wage assignment deducting the money from their paycheck and sent to the lender. Wage assignments are helpful in paying back long-term debts.

Another instance can be found in a mortgage assignment. This is where a mortgage deed gives a lender interest in a mortgaged property in return for payments received. Lenders often sell mortgages to third parties, such as other lenders. A mortgage assignment document clarifies the assignment of contract and instructs the borrower in making future mortgage payments, and potentially modifies the mortgage terms.

A final example involves a lease assignment. This benefits a relocating tenant wanting to end a lease early or a landlord looking for rent payments to pay creditors. Once the new tenant signs the lease, taking over responsibility for rent payments and other obligations, the previous tenant is released from those responsibilities. In a separate lease assignment, a landlord agrees to pay a creditor through an assignment of rent due under rental property leases. The agreement is used to pay a mortgage lender if the landlord defaults on the loan or files for bankruptcy . Any rental income would then be paid directly to the lender.

Options Assignment

Options can be assigned when a buyer decides to exercise their right to buy (or sell) stock at a particular strike price . The corresponding seller of the option is not determined when a buyer opens an option trade, but only at the time that an option holder decides to exercise their right to buy stock. So an option seller with open positions is matched with the exercising buyer via automated lottery. The randomly selected seller is then assigned to fulfill the buyer's rights. This is known as an option assignment.

Once assigned, the writer (seller) of the option will have the obligation to sell (if a call option ) or buy (if a put option ) the designated number of shares of stock at the agreed-upon price (the strike price). For instance, if the writer sold calls they would be obligated to sell the stock, and the process is often referred to as having the stock called away . For puts, the buyer of the option sells stock (puts stock shares) to the writer in the form of a short-sold position.

Suppose a trader owns 100 call options on company ABC's stock with a strike price of $10 per share. The stock is now trading at $30 and ABC is due to pay a dividend shortly. As a result, the trader exercises the options early and receives 10,000 shares of ABC paid at $10. At the same time, the other side of the long call (the short call) is assigned the contract and must deliver the shares to the long.

what is a general assignment

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Assignment of Contract

Jump to section, what is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

what is a general assignment

Assignment of Contract in Real Estate

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

  • Direct mailers
  • Place newspaper ads
  • Make posts in online forums
  • Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

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Born in Cleveland, Ohio - 9/15/1974 Lived in Cleveland all my life went to college at Ohio Wesleyan University - graduated in 1996 went to law school at Cleveland Marshall College of Law - graduated in 2001 passed the OH bar exam in 2003 worked at the OH Atty General's office, at cuyahoga county prosecutor office and as a solo practitioner

Davy K. on ContractsCounsel

I am a Swiss-American lawyer based in Florida and specialize in business, investments, and other civil matters. I have won many cases in both state and federal litigation, and arbitration. Before litigation or arbitration, however, I like to prevent these legal disputes by ensuring my clients base their business on strong concrete contracts that will protect them even decades down the road. My clients are my top priority, which is why they get my personal cell and can reach me anytime. My firm is also established on the extremely high standards of professionalism, transparent itemized billing, fast turnaround times and more. For more information, visit: https://www.transnationalmatters.com/

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Purdue Online Writing Lab Purdue OWL® College of Liberal Arts

Understanding Writing Assignments

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Welcome to the Purdue OWL

This page is brought to you by the OWL at Purdue University. When printing this page, you must include the entire legal notice.

Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission. Use of this site constitutes acceptance of our terms and conditions of fair use.

This resource describes some steps you can take to better understand the requirements of your writing assignments. This resource works for either in-class, teacher-led discussion or for personal use.

How to Decipher the Paper Assignment

Many instructors write their assignment prompts differently. By following a few steps, you can better understand the requirements for the assignment. The best way, as always, is to ask the instructor about anything confusing.

  • Read the prompt the entire way through once. This gives you an overall view of what is going on.
  • Underline or circle the portions that you absolutely must know. This information may include due date, research (source) requirements, page length, and format (MLA, APA, CMS).
  • Underline or circle important phrases. You should know your instructor at least a little by now - what phrases do they use in class? Does he repeatedly say a specific word? If these are in the prompt, you know the instructor wants you to use them in the assignment.
  • Think about how you will address the prompt. The prompt contains clues on how to write the assignment. Your instructor will often describe the ideas they want discussed either in questions, in bullet points, or in the text of the prompt. Think about each of these sentences and number them so that you can write a paragraph or section of your essay on that portion if necessary.
  • Rank ideas in descending order, from most important to least important. Instructors may include more questions or talking points than you can cover in your assignment, so rank them in the order you think is more important. One area of the prompt may be more interesting to you than another.
  • Ask your instructor questions if you have any.

After you are finished with these steps, ask yourself the following:

  • What is the purpose of this assignment? Is my purpose to provide information without forming an argument, to construct an argument based on research, or analyze a poem and discuss its imagery?
  • Who is my audience? Is my instructor my only audience? Who else might read this? Will it be posted online? What are my readers' needs and expectations?
  • What resources do I need to begin work? Do I need to conduct literature (hermeneutic or historical) research, or do I need to review important literature on the topic and then conduct empirical research, such as a survey or an observation? How many sources are required?
  • Who - beyond my instructor - can I contact to help me if I have questions? Do you have a writing lab or student service center that offers tutorials in writing?

(Notes on prompts made in blue )

Poster or Song Analysis: Poster or Song? Poster!

Goals : To systematically consider the rhetorical choices made in either a poster or a song. She says that all the time.

Things to Consider: ah- talking points

  • how the poster addresses its audience and is affected by context I'll do this first - 1.
  • general layout, use of color, contours of light and shade, etc.
  • use of contrast, alignment, repetition, and proximity C.A.R.P. They say that, too. I'll do this third - 3.
  • the point of view the viewer is invited to take, poses of figures in the poster, etc. any text that may be present
  • possible cultural ramifications or social issues that have bearing I'll cover this second - 2.
  • ethical implications
  • how the poster affects us emotionally, or what mood it evokes
  • the poster's implicit argument and its effectiveness said that was important in class, so I'll discuss this last - 4.
  • how the song addresses its audience
  • lyrics: how they rhyme, repeat, what they say
  • use of music, tempo, different instruments
  • possible cultural ramifications or social issues that have bearing
  • emotional effects
  • the implicit argument and its effectiveness

These thinking points are not a step-by-step guideline on how to write your paper; instead, they are various means through which you can approach the subject. I do expect to see at least a few of them addressed, and there are other aspects that may be pertinent to your choice that have not been included in these lists. You will want to find a central idea and base your argument around that. Additionally, you must include a copy of the poster or song that you are working with. Really important!

I will be your audience. This is a formal paper, and you should use academic conventions throughout.

Length: 4 pages Format: Typed, double-spaced, 10-12 point Times New Roman, 1 inch margins I need to remember the format stuff. I messed this up last time =(

Academic Argument Essay

5-7 pages, Times New Roman 12 pt. font, 1 inch margins.

Minimum of five cited sources: 3 must be from academic journals or books

  • Design Plan due: Thurs. 10/19
  • Rough Draft due: Monday 10/30
  • Final Draft due: Thurs. 11/9

Remember this! I missed the deadline last time

The design plan is simply a statement of purpose, as described on pages 40-41 of the book, and an outline. The outline may be formal, as we discussed in class, or a printout of an Open Mind project. It must be a minimum of 1 page typed information, plus 1 page outline.

This project is an expansion of your opinion editorial. While you should avoid repeating any of your exact phrases from Project 2, you may reuse some of the same ideas. Your topic should be similar. You must use research to support your position, and you must also demonstrate a fairly thorough knowledge of any opposing position(s). 2 things to do - my position and the opposite.

Your essay should begin with an introduction that encapsulates your topic and indicates 1 the general trajectory of your argument. You need to have a discernable thesis that appears early in your paper. Your conclusion should restate the thesis in different words, 2 and then draw some additional meaningful analysis out of the developments of your argument. Think of this as a "so what" factor. What are some implications for the future, relating to your topic? What does all this (what you have argued) mean for society, or for the section of it to which your argument pertains? A good conclusion moves outside the topic in the paper and deals with a larger issue.

You should spend at least one paragraph acknowledging and describing the opposing position in a manner that is respectful and honestly representative of the opposition’s 3 views. The counterargument does not need to occur in a certain area, but generally begins or ends your argument. Asserting and attempting to prove each aspect of your argument’s structure should comprise the majority of your paper. Ask yourself what your argument assumes and what must be proven in order to validate your claims. Then go step-by-step, paragraph-by-paragraph, addressing each facet of your position. Most important part!

Finally, pay attention to readability . Just because this is a research paper does not mean that it has to be boring. Use examples and allow your opinion to show through word choice and tone. Proofread before you turn in the paper. Your audience is generally the academic community and specifically me, as a representative of that community. Ok, They want this to be easy to read, to contain examples I find, and they want it to be grammatically correct. I can visit the tutoring center if I get stuck, or I can email the OWL Email Tutors short questions if I have any more problems.

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General Officer Assignments

The chief of staff of the Army announces the following general officer assignments:

Lt. Gen. (Promotable) Charles R. Hamilton, deputy chief of staff, G-4, U.S. Army, Washington, D.C., to commanding general, U.S. Army Materiel Command, Redstone Arsenal, Alabama.

Maj. Gen. Christopher G. Beck, deputy commanding general, III Corps, Fort Hood, Texas, to commanding general, U.S. Army Maneuver Support Center of Excellence and Fort Leonard Wood, Fort Leonard Wood, Missouri.

Maj. Gen. Peter N. Benchoff, chief of staff, U.S. Army Pacific, Fort Shafter, Hawaii, to director, Program Analysis and Evaluation, Office of the Deputy Chief of Staff, G-8, U.S. Army, Washington, D.C.

Maj. Gen. James E. Bonner, commanding general, U.S. Army Maneuver Support Center of Excellence and Fort Leonard Wood, Fort Leonard Wood, Missouri, to deputy commanding general, U.S. Army North, Joint Base San Antonio, Texas.

Maj. Gen. Timothy D. Brown, director, J-2, U.S. European Command, Germany, to commanding general, U.S. Army Intelligence and Security Command, Fort Belvoir, Virginia.

Maj. Gen. Glenn A. Dean III, program executive officer, Ground Combat Systems, Warren, Michigan, to deputy commanding general, Acquisition and Systems Management, U.S. Army Futures Command, Austin, Texas.

Maj. Gen. David J. Francis, director, J-3 Operations/Cyber, U.S. Africa Command, Germany, to chief of staff, U.S. Africa Command, Germany.

Maj. Gen. William H. Graham Jr., deputy commanding general of civil and emergency operations, U.S. Army Corps of Engineers, Washington, D.C., to deputy chief of engineers and deputy commanding general, U.S. Army Corps of Engineers, Washington, D.C.

Maj. Gen. David C. Hill, commandant, U.S. Army War College, Carlisle Barracks, Pennsylvania, to deputy commanding general for civil and emergency operations, U.S. Army Corps of Engineers, Washington, D.C.

Maj. Gen. Mark H. Landes, commanding general, First Army Division East, Fort Knox, Kentucky, to commandant, U.S. Army War College, Carlisle Barracks, Pennsylvania.

Maj. Gen. Allan M. Pepin, commanding general, Military District of Washington; and commander, Joint Force Headquarters-National Capital Region, Washington, D.C., to chief of staff, U.S. Northern Command, Peterson Air Force Base, Colorado.

Maj. Gen. Walter T. Rugen, director, Future of Vertical Lift Cross Functional Team, Redstone Arsenal, Alabama, to director, Army Aviation, Office of the Deputy Chief of Staff, G-3/5/7, U.S. Army, Washington, D.C.

Maj. Gen. William D. Taylor, director, Army Aviation, Office of the Deputy Chief of Staff, G-3/5/7, U.S. Army, Washington, D.C., to commanding general, 2nd Infantry Division (Combined), Eighth Army, Republic of Korea.

Maj. Gen. Joel B. Vowell, commanding general, U.S. Army Japan and I Corps (Forward), Japan, to commander, Combined Joint Task Force-Operation Inherent Resolve, Operation Inherent Resolve, Iraq.

Maj. Gen. Darren L. Werner, commanding general, U.S. Army Tank-Automotive and Armaments Command, Warren, Michigan, to deputy chief of staff for logistics and operations, U.S. Army Materiel Command, Redstone Arsenal, Alabama.

Maj. Gen. David B. Womack, deputy commanding general, V Corps, Germany, to commanding general, U.S. Army Japan and I Corps (Forward), Japan.

Brig. Gen. Richard T. Appelhans, director of intelligence, U.S. Forces Korea: and deputy director of intelligence, Combined Forces Command, Republic of Korea, to commanding general and Commandant, U.S. Army Intelligence Center of Excellence and Fort Huachuca, Fort Huachuca, Arizona.

Brig. Gen. Phillip C. Baker, deputy commanding general (Support), 25th Infantry Division, Schofield Barracks, Hawaii, to director, Future of Vertical Lift Cross Functional Team, Redstone Arsenal, Alabama.

Brig. Gen. James B. Bartholomees, deputy chief of staff, G-3/5/7, U.S. Army Pacific, Fort Shafter, Hawaii, to chief of staff, U.S. Army Pacific, Fort Shafter, Hawaii.

Brig. Gen. Jonathan C. Byrom, commander, 2nd Multi-Domain Task Force, U.S. Army Europe-Africa, Germany, to commanding general, U.S. Army Combat Readiness Center; and director of Army safety, Fort Rucker, Alabama.

Brig. Gen. Dale S. Crockett, commandant, U.S. Army Chemical, Biological, Radiological, and Nuclear School, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, Missouri, to deputy commanding general (Operations), Eighth Army, Republic of Korea.

Brig. Gen. Jason A. Curl, deputy commanding general (Operations), 10th Mountain Division (Light Infantry), Fort Drum, New York, to director, CJ3, Combined Joint Task Force-Operation Inherent Resolve, Operation Inherent Resolve, Iraq.

Brig. Gen. John M. Cushing, deputy commanding general, U.S. Army Recruiting Command, Fort Knox, Kentucky, to commanding general, Combat Capabilities Development Command, U.S. Army Futures Command, Aberdeen Proving Ground, Maryland.

Brig. Gen. Thomas M. Feltey, commandant, U.S. Army Armor School, U.S. Army Maneuver Center of Excellence, Fort Benning, Georgia, to deputy commanding general, III Corps, Fort Hood, Texas.

Brig. Gen. Andrew C. Gainey, deputy commanding general (Operations), 3rd Division (France), France, to commanding general, 56th Artillery Command, U.S. Army Europe-Africa, Germany.

Brig. Gen. Kimberly A. Peeples, commanding general, Great Lakes and Ohio River Division, U.S. Army Corps of Engineers, Cincinnati, Ohio, to commanding general, Mississippi Valley Division, U.S. Army Corps of Engineers, Vicksburg, Mississippi.

Brig. Gen. Mark C. Quander, commandant of cadets, U.S. Military Academy, West Point, New York, to commanding general, Great Lakes and Ohio River Division, U.S. Army Corps of Engineers, Cincinnati, Ohio.

Brig. Gen. Richard J. Quirk IV, senior defense official and defense attaché, U.S. Defense Attaché Office, United Arab Emirates, to senior defense official and defense attaché, U.S. Defense Attaché Office, Kingdom of Saudi Arabia.

Brig. Gen. Ronald R. Ragin, deputy commander for support, Security Assistance Group-Ukraine, Germany, to commanding general, 21st Theater Sustainment Command, U.S. Army Europe-Africa, Germany.

Brig. Gen. Lori L. Robinson, deputy commanding general (Support), 2nd Infantry Division (Combined), Eighth Army, Republic of Korea, to commandant of cadets, U.S. Military Academy, West Point, New York.

Brig. Gen. Monte L. Rone, deputy chief of staff, Operations, Multinational Corps Northeast, NATO, Poland, to commandant, U.S. Army Infantry School, U.S. Army Maneuver Center of Excellence; and director, Future Soldier Lethality Cross Functional Team, Army Futures Command, Fort Benning, Georgia.

Brig. Gen. Philip J. Ryan, commanding general, U.S. Army Special Operations Aviation Command; and deputy commanding general, Futures, U.S. Special Operations Command, Fort Bragg, North Carolina, to commander, Special Operations Joint Task Force-Levant, Operation Inherent Resolve, Kuwait.

Brig. Gen. Eric P. Shirley, commander, Defense Logistics Agency Troop Support, Defense Logistics Agency, Philadelphia, Pennsylvania, to commanding general, 1st Sustainment Command (Theater), U.S. Army Central, Fort Knox, Kentucky.

Brig. Gen. Michael J. Simmering, deputy commanding general (Operations), 1st Armored Division, Fort Bliss, Texas, to commandant, U.S. Army Armor School, U.S. Army Maneuver Center of Excellence, Fort Benning, Georgia.

Brig. Gen. Jason C. Slider, director, Mission Command Center of Excellence, U.S. Army Combined Arms Center, Fort Leavenworth, Kansas, to deputy commanding general (Operations), 3rd Division (France), France.

Brig. Gen. Colin P. Tuley, deputy director, Strategy, Plans and Policy, J-5, U.S. Central Command, MacDill Air Force Base, Florida, to deputy commanding general, XVIII Airborne Corps, Fort Bragg, North Carolina.

Brig. Gen. Jeffrey A. VanAntwerp, deputy commanding general (Operations), 25th Infantry Division, Schofield Barracks, Hawaii, to deputy chief of staff, G-3/5/7, U.S. Army Pacific, Fort Shafter, Hawaii.

Brig. Gen. John W. Weidner, deputy director, Plans, J-5, U.S. Strategic Command, Offutt Air Force Base, Nebraska, to chief of staff, U.S. Forces Korea, Republic of Korea.

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What do general assignment reporters do.

Wondering what the job is really like for general assignment reporters?

You've come to the right place.

Keep reading to find detailed information about what general assignment reporters do, including the type of work they are tasked with on a daily basis, industries in which they work, and the specific skills needed for a successful career.

General Assignment Reporters Overview & Description

Let's get started with the basics about general assignment reporters by taking a look at a simple description and popular job titles.

General Assignment Reporters narrate or write news stories, reviews, or commentary for print, broadcast, or other communications media such as newspapers, magazines, radio, or television. May collect and analyze information through interview, investigation, or observation.

Popular Job Titles For General Assignment Reporters

Sample of reported job titles.

  • Multimedia Journalists
  • News Reporters
  • Staff Writers
  • News Anchors
  • Anchors/Reporters
  • General Assignment Reporters
  • Sports Reporters
  • News Anchors/Reporters
  • Investigative Reporters
  • News Writers

Read on for insight into the industries where the highest concentration of jobs for general assignment reporters can be found.

Best Industries for General Assignment Reporters

General assignment reporters jobs by industry.

  • Newspaper, Periodical, Book, and Directory Publishers: 40.4%
  • Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers: 29.2%
  • Radio and Television Broadcasting Stations: 23%
  • Motion Picture and Video Industries: 1.6%
  • Education and Hospitals (State Government): 1%
  • Advertising, Public Relations, and Related Services: 0.8%

When it comes to jobs in the United States, the largest single category of general assignment reporters can be found working in the Newspaper, Periodical, Book, and Directory Publishers sector. In 2022, about 40.4% of all jobs for general assignment reporters were found there.

Other top industries by percentage include Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers (29.2%), Radio and Television Broadcasting Stations (23%), Motion Picture and Video Industries (1.6%), Education and Hospitals (State Government) (1%) and Advertising, Public Relations, and Related Services (0.8%).

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What Do General Assignment Reporters Do on a Daily Basis?

So you have a high-level understanding of what general assignment reporters do and the types of industries in which they work - but what do they really do each day?

A great way to understand the type of work general assignment reporters do is to examine actual job postings and focus on the specific skills that employers are seeking. That will help paint a clearer picture of the tasks that general assignment reporters tackle each day.

Continue reading for a breakdown of specialized skills found in job postings for general assignment reporters, as well as common skills - interpersonal qualities and attributes - that can help you thrive in the workplace.

In-Demand Skills for Today's General Assignment Reporters Based on 25,610 job postings

Top 5 specialized skills for general assignment reporters, top 5 common skills for general assignment reporters.

Based on 25,610 job postings related to general assignment reporters, journalism was the top specialized skill sought by employers, with 53% of all postings looking for that skillset. Skills for news stories, social media, storytelling, content creation and news anchoring were also highly sought.

As for common skills, writing was the most desired skill found in job postings for general assignment reporters, followed by communications, editing, research, ability to meet deadlines and english language.

Most In-Demand Jobs for General Assignment Reporters

Top 5 posted job titles.

Expand the section below to see unique job postings for all occupations related to general assignment reporters.

Ready to dig deeper into career information for general assignment reporters? Visit our other pages focused on salary and education for general assignment reporters.

All Occupations

The Best Adult Colleges and Careers Guide has compiled data for dozens of in-demand jobs. Explore our full catalog of occupation data by visiting the link below.

About This Data

The Best Adult Colleges & Careers Guide is sponsored by Franklin University, a nonprofit, accredited institution. The guide uses 2022 information from Lightcast™ to provide data on dozens of in-demand jobs.

Job titles used in government data may differ slightly from the job title on this page, so the closest matching government job classification may be used as a proxy to present data here.

On this page, data corresponds to the following occupational classification: News Analysts, Reporters, and Journalists.

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Federal courts move to restrict ‘judge shopping,’ which got attention after abortion medication case

FILE - Chief Justice John Roberts poses for a portrait in Washington, Oct. 7, 2022. Federal courts moved Tuesday, March 12, 2024, to make it harder to file lawsuits in front of judges seen as friendly to a point of view, a practice known as judge shopping, that gained national attention in a major abortion-medication case. The practice's use in patent cases was highlighted by Roberts in his 2021 report on the federal judiciary. (AP Photo/J. Scott Applewhite, File)

FILE - Chief Justice John Roberts poses for a portrait in Washington, Oct. 7, 2022. Federal courts moved Tuesday, March 12, 2024, to make it harder to file lawsuits in front of judges seen as friendly to a point of view, a practice known as judge shopping, that gained national attention in a major abortion-medication case. The practice’s use in patent cases was highlighted by Roberts in his 2021 report on the federal judiciary. (AP Photo/J. Scott Applewhite, File)

In this image from video from the Senate Judiciary Committee, Matthew Kacsmaryk listens during his confirmation hearing on Capitol Hill in Washington, on Dec. 13, 2017. Federal courts moved Tuesday, March 12, 2024, to make it harder to file lawsuits in front of judges seen as friendly to a point of view, a practice known as judge shopping. The practice got more attention after Kacsmaryk halted approval of abortion medication nationwide. That ruling has been halted by the Supreme Court. (Senate Judiciary Committee via AP)

FILE - The Supreme Court is seen on Capitol Hill in Washington, March 4, 2024. (AP Photo/J. Scott Applewhite, File)

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what is a general assignment

WASHINGTON (AP) — Federal courts moved Tuesday to make it harder to file lawsuits in front of judges seen as friendly to a point of view, a practice known as judge shopping that gained national attention in a major abortion medication case.

The new policy covers civil suits that would affect an entire state or the whole country. It would require a judge to be randomly assigned, even in areas where locally filed cases have gone before a single judge.

Cases are already assigned at random under plans in most of the country’s 94 federal district courts, but some plans assign cases to judges in the smaller division where the case is filed. In divisions with only one judge, often in rural areas, that means private or state attorneys can essentially pick which judge will hear it.

The practice has raised concerns from senators and the Biden administration, and its use in patent cases was highlighted by Chief Justice John Roberts in his 2021 report on the federal judiciary.

Interest groups of all kinds have long attempted to file lawsuits before judges they see as friendly to their causes. But the practice got more attention after an unprecedented ruling halting approval of abortion medication. That case was filed in Amarillo, Texas, where it was all but certain to go before U.S. District Judge Matthew Kacsmaryk , an appointee of former President Donald Trump who is a former attorney for a religious liberty legal group with a long history pushing conservative causes.

Republican U.S. Senatorial candidate Sam Brown joins his wife Amy Brown after speaking to a small group of supporters and media after filing his paperwork to run for the Senate, Thursday, March 14, 2024, at the State Capitol in Carson City, Nev. Brown is seeking to replace incumbent U.S. Sen. Jacky Rosen. (AP Photo/Andy Barron)

The Supreme Court put the abortion medication ruling on hold, and is hearing arguments on it later this month.

The new policy announced by the U.S. Judicial Conference after its biennial meeting would not apply to cases seeking only local action. It was adopted not in response to any one case but rather a “plethora of national and statewide injunctions,” said Judge Jeff Sutton, chief judge of the 6th Circuit Court of Appeals and chair of the Judicial Conference’s executive committee.

“We get the idea of having local cases resolved locally, but when a case is a declaratory judgement action or national injunction, obviously the stakes of the case go beyond that small town,” he said.

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The Supreme Court consists of five Justices and is located in Santa Fe. This is the court of last resort and has superintending control over all inferior courts and attorneys licensed in the state.

This court has mandatory appellate jurisdiction over : criminal matters in which the sentence imposed is life in prison or the death penalty, appeals from the Public Regulation Commission, appeals from the granting of writs of habeas corpus, appeals in actions challenging nominations, and removal of public officials.

Discretionary jurisdiction : denials of petitions for writ of habeas corpus, petitions for writ of certiorari to the Court of Appeals, other extraordinary writ matters, and certified questions either from the Court of Appeals or federal courts.

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This court has mandatory jurisdiction in : civil, non-capital criminal, juvenile cases; Discretionary jurisdiction in interlocutory decision cases and administrative agency appeals.

District Court

One-hundred-two judges preside. There are thirteen different districts. These are District Courts of general jurisdiction which hold jury trials.

This court will hear these types of cases : Tort, contract, real property rights, and estate. Exclusive domestic relations, mental health, appeals for administrative agencies and lower courts, miscellaneous civil jurisdiction; Misdemeanor. Exclusive criminal appeals jurisdiction; Exclusive juvenile jurisdiction.

Magistrate Court

Sixty-seven judges preside. There are 54 magistrate courts. These are courts of limited jurisdiction. Jury trials.

This court will hear these types of cases : Tort, contract, landlord/tenant rights ($0-10,000); Felony preliminary hearings; Misdemeanor, DWI/DUI and other traffic violations.

Bernalillo County Metropolitan Court

Nineteen judges preside. Bernalillo County Metropolitan Court is of limited jurisdiction. Jury trials.

This court will hear these types of cases : Tort, contract, landlord/tenant rights ($0-10,000); Felony first appearances; Misdemeanor, DWI/DUI, Domestic Violence and other traffic violations.

Municipal Court

Eighty-three judges preside. There are eighty-one municipal courts . These are courts of limited jurisdiction. No jury trials.

This court will hear these types of cases : Petty misdemeanors, DWI/DUI, traffic violations and other municipal ordinance violations.

Probate Court

Thirty-three judges. There are thirty-three counties. These are courts of limited jurisdiction. No jury trials.

This court will hear these types of cases : Informal probate; Estate (Hears uncontested cases. Contested cases go to district court).

Court of Appeals / About the Court / Office of the Clerk / Case Assignment to General Calendar

Case Assignment to General Calendar

State of New Mexico v. Malcolm Zehr, No. A-1-CA-40963, Taos County, D-820-CR-2022-00190

Anthony Mazotti v. City of Albuquerque, No. A-1-CA-41329, WCA, 20-00648

William Pinasco v. El Paso Natural Gas Company, No. A-1-CA-41319, San Juan County, D-1116-CV-2022-00094

State of New Mexico v. Briana Ruiz, No. A-1-CA-41524, Lea County, D-506-CR-2023-00426

D. Maria Schmidt v. WW Healthcare, LLC, No. A-1-CA-41207, Santa Fe County, D-101-CV-2022-00021

State of New Mexico v. Estevan Rostro, No. A-1-CA-41431, Bernalillo County, D-202-LR-2023-00019, T-4-DW-2022-000378

Dennis Murphy v. Professional Underwriters Liability Insurance Company, No. A-1-CA-41564, Bernalillo County, D-202-CV-2016-04582

State of New Mexico v. Carl Pacheco, No. A-1-CA-41018, Santa Fe County, D-101-CR-2021-00166

State of New Mexico v. Michael Warren Jackson, No. A-1-CA-41551, Lea County, D-506-CR-2022-00114

State of New Mexico v. Oscar Brian Holm, No. A-1-CA-41622, Cibola County, D-1333-CR-2022-00043

State of New Mexico v. Anthony Pena, No. A-1-CA-41641, Rio Arriba County, D-117-CR-2021-00044

State of New Mexico v. Pedro Orrantia, No. A-1-CA-41676, Dona Ana County, D-307-CR-2020-00377

State of New Mexico v. Crystal Sanchez, No. A-1-CA-41554, Valencia County, D-1314-CR-2022-00115

Dennis Koehler v. State of New Mexico Motor Vehicle Division, No. A-1-CA-41594, Santa Fe County, D-101-CV-2023-01579

Are you looking for a specific court?

The Judiciary Branch of New Mexico includes thirteen district courts, 54 magistrate courts, 81 municipal courts, Bernalillo County Metropolitan Court, Supreme Court, Court of Appeals, probate courts, and additional specialty courts to serve all New Mexicans.

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  1. General assignment

    A general assignment or assignment is a concept in bankruptcy law in which an insolvent entity's assets are assigned to someone as an alternative to a bankruptcy. One form is an "assignment for the benefit of creditors", abbreviated ABC or AFBC. United States

  2. A General Assignment of Assets to Living Trust can help avoid Probate

    The Court of Appeal agreed with the. petitioner that a general assignment of all or substantially all of the. settlor's assets into one's trust does cause the stocks to be owned by the. trustee. An otherwise unnecessary. probate was thus avoided thanks to a general assignment by the settlor.

  3. Assignments: The Basic Law

    Assignments: The Basic Law. The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States. As with many terms commonly used, people are familiar with the ...

  4. assignment for benefit of creditors

    Assignment for the benefit of the creditors (ABC)(also known as general assignment for the benefit of the creditors) is a voluntary alternative to formal bankruptcy proceedings that transfers all of the assets from a debtor to a trust for liquidating and distributing its assets. The trustee will manage the assets to pay off debt to creditors, and if any assets are left over, they will be ...

  5. General assignment legal definition of General assignment

    A general assignment is one involving the transfer of all the debtor's property for the benefit of all his or her creditors. A partial assignment is one in which only part of a debtor's property is transferred to benefit all the creditors. When property is assigned to benefit only designated creditors, it is a special assignment.

  6. Assignment for Benefit of Creditors: Alternative to Business ...

    The ABC assignment agreement is sometimes called a "general assignment agreement" or "deed of assignment." Some states require assignment agreements to follow certain terms. Generally, the agreement should be in writing, list out the assets to be assigned and the known creditors, and be fair to each creditor. ...

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    A General Assignment form is usually an all-encompassing document intended to transfer the entirety of one's assets to his or her trust. Most, if not all, estate planning lawyers will include some form of this document in the estate planning documents prepared for a client. The document may be also used as the basis of a so-called "Heggstad ...

  9. Assignment (law)

    A general assignment or assignment is a concept in bankruptcy law in which an insolvent entity's assets are assigned to someone as an alternative to a bankruptcy. Equitable assignment. An equitable assignment is an assignment, or transfer of rights, in equity.

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  11. A banker asked us: General vs specific assignments

    A: In situations where a borrower owns real property in Ontario that either is or will be leased to third party tenants, a lender should consider obtaining either a general assignment of rents and leases or a specific assignment of rents and leases in addition to a mortgage on the secured property. Like a mortgage, an assignment of rents and ...

  12. General Assignment Definition: 833 Samples

    General Assignment means, in relation to a Ship, a general assignment of ( inter alia) the Earnings, the Insurances and any Requisition Compensation relative to that Ship in the Agreed Form and, in the plural, means all of them; General Assignment shall have the meaning ascribed thereto in Section 5.1 (g) of this Agreement.

  13. Is a General Assignment Sufficient to Fund a Revocable Trust?

    But on appeal, the California Court of Appeals reversed the decision, determining that (1) there is no California law prohibiting the assignment of stock to a trust through a general assignment and (2) that it was clear that Ms. Berkowitz intended to transfer all of her property to the trust. The Court commented that this finding would be ...

  14. A General Assignment of Assets to one's Living Trust can help

    A general assignment of assets transfers ownership on a wide variety of assets as the name implies. An all encompassing general assignment is regularly used by estate planners to transfer all ...

  15. Assignment for the Benefit of Creditors: Effective Tool for Acquiring

    A policy is in place that favors allowing general assignments for the benefit of creditors to stand. Distribution Scheme in ABCs. ABCs in California are governed by common law and are subject to various specific statutory provisions. In states like California, where common law (with specific statutory supplements) governs the ABC process, the ...

  16. assign

    Assign is the act of transferring rights, property, or other benefits to another party (the assignee) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law. Contract Law Under contract law, when one party assigns a contract, the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties.

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  18. Assignment: Definition in Finance, How It Works, and Examples

    Assignment: An assignment is the transfer of an individual's rights or property to another person or business. For example, when an option contract is assigned, an option writer has an obligation ...

  19. Assignment of Contract: What Is It? How It Works

    An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the ...

  20. Understanding Writing Assignments

    Many instructors write their assignment prompts differently. By following a few steps, you can better understand the requirements for the assignment. The best way, as always, is to ask the instructor about anything confusing. Read the prompt the entire way through once. This gives you an overall view of what is going on.

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  24. Where does the Judicial Conference Get the Authority To Mandate Case

    A general power to issue orders to judicial employees does not trump a specific power for district courts to make their own rules about case assignments. In my initial post on this topic, I ...

  25. Federal courts move to restrict 'judge shopping,' which got attention

    FILE - Chief Justice John Roberts poses for a portrait in Washington, Oct. 7, 2022. Federal courts moved Tuesday, March 12, 2024, to make it harder to file lawsuits in front of judges seen as friendly to a point of view, a practice known as judge shopping, that gained national attention in a major abortion-medication case.

  26. Case Assignment to General Calendar

    District Court. One-hundred-two judges preside. There are thirteen different districts. These are District Courts of general jurisdiction which hold jury trials.. This court will hear these types of cases: Tort, contract, real property rights, and estate.Exclusive domestic relations, mental health, appeals for administrative agencies and lower courts, miscellaneous civil jurisdiction; Misdemeanor.

  27. Newsperson (General Assignment Reporter, Los Angeles)

    The Associated Press seeks an enterprising reporter with a proven track record of developing sources and breaking stories for a general assignment position in Los Angeles. This is a temporary position lasting seven months covered by AP's agreement with the News Media Guild.

  28. S.3939

    Summary of S.3939 - 118th Congress (2023-2024): A bill to amend title XVIII of the Social Security Act to improve the way beneficiaries are assigned under the Medicare shared savings program by also basing such assignment on primary care services furnished by nurse practitioners, physician assistants, and clinical nurse specialists.