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Asset Freezing
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain breaches of its process. Origins in ''Mareva'' The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 1975 case ''Mareva Compania Naviera SA v International Bulkcarriers SA'', although the first recorded instance of such an order in English jurisprudence was ''Nippon Yusen Kaisha v Karageorgis'', decided one month before ''Mareva''. The Civil Procedure Rules 1998 now define a Mareva injunction as a "freezing order". In England and Wales, the jurisdiction to issue an a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlocutory Injunction
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the ''status quo'' until judgment can be made. Jurisdictions Australia In Australia, the High Court in '' ABC v Lenah Game Meats''. stated that the purpose of the interlocutory injunction is to preserve identifiable legal or equitable rights.See . The basic proposition remains that where interlocutory injunctive relief is sought in a Judicature system court, it is necessary to identify the legal (which may be statutory) or equitable rights which are to be determined at trial and in respect of which there is sought final relief which may or may not be injunctive in nature. In another Australian High Court decision, '' Castlemaine Tooheys Ltd v South Australia'',. Mason CJ outlined another requirement for establishing an interlocutory injunction. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norwich Pharmacal Order
A Norwich Pharmacal order is a court order for the disclosure of documents or information that is available in the United Kingdom, Ireland, Australia, and Canada. It is granted against a third party which has been mixed up in wrongdoing, forcing the disclosure of documents or information. By identifying individuals the documents and information sought are disclosed in order to assist the applicant for such an order in bringing legal proceedings against individuals who are believed to have wronged the applicant. A Norwich Pharmacal order was first granted in 1974 by the House of Lords in '' Norwich Pharmacal Co. v Customs and Excise Commissioners'', a case concerning the alleged violation of a patent by unknown importers of the chemical subject to the patent. While first developed in relation to intellectual property, Norwich Pharmacal orders are now granted in relation to other torts, including defamation, and breach of contract, as well as alleged criminal offences. More recently N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Ginsburg
Joan Ruth Bader Ginsburg ( ; Bader; March 15, 1933 – September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was viewed as a moderate consensus-builder. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg authored the majority opinions in cases such as ''United States v. Virginia''(1996), '' Olmstead v. L.C.''(1999), '' Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.''(2000), and '' City of Sherrill v. Oneida Indian Nation of New York''(2005). Later in her tenure, Ginsburg received attention for passionate dissents that reflected liberal views of the law. Ginsburg was born and grew up in Brooklyn, New York. Just over a year later her older sister and only siblin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of the United States Constitution, Article III, Article Three of the United States Constitution#Section 1: Federal courts, Section 1 of the United States Constitution, Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court of the United States, Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over History of the United States Constitution#1788_ratification, the ratification of the Constitution. Anti-Administration Party (United States), Anti-Federalists had denounced th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allen & Overy
Allen & Overy LLP was a British multinational corporation, multinational law firm headquartered in London, England. The firm has 590 partners and over 5,800 employees worldwide. In 2023 A&O reported an increase in revenue to GBP2.1 billion and is the second largest law firm headquartered in the UK by revenue. In 2024 it merged with Shearman & Sterling to form A&O Shearman. History Allen & Overy was founded in London on 1 January 1930 by George Allen and Thomas Overy, formerly partners at Roney & Co. The main purpose was to build a commercial practice. The firm's reputation was made as a result of George Allen's role as adviser to King Edward VIII during the Edward VIII abdication crisis, abdication crisis of 1936. By the time World War II broke out in 1939, Allen & Overy had firmly established itself as a leading City law firm. Over the years, Allen & Overy has been involved in many developments in the legal field. Such work has included advising on the first hostile takeo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Account Preservation Order
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain breaches of its process. Origins in ''Mareva'' The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 1975 case ''Mareva Compania Naviera SA v International Bulkcarriers SA'', although the first recorded instance of such an order in English jurisprudence was ''Nippon Yusen Kaisha v Karageorgis'', decided one month before ''Mareva''. The Civil Procedure Rules 1998 now define a Mareva injunction as a "freezing order". In England and Wales, the jurisdiction to issue an asset f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive On The Enforcement Of Intellectual Property Rights
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (also known as "(IPR) Enforcement Directive" or "IPRED") is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones. Under Article 3(1), Member States can be censured in the European Court of Justice if their civil procedures on the infringement of intellectual property rights are "unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays". Otherwise the Directive harmonises the rules on standing, evidence, interlocutory measures, seizure and injunctions, damages and costs and judicial publication. Subject-matter and scope The Directive requires all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loyola Marymount University
Loyola Marymount University (LMU) is a private Jesuit and Marymount research university in Los Angeles, California. LMU enrolls over 10,000 undergraduate and graduate students, making it the largest Catholic university on the west coast of the United States. The university includes the Bellarmine College of Liberal Arts, the Frank R. Seaver College of Science and Engineering, the College of Business Administration, the School of Film and Television, the College of Communication & Fine Arts, and the School of Education. It is the parent school to Loyola Law School. LMU offers 55 major and 58 minor undergraduate programs and 47 master's degree programs, a education doctorate, a doctorate in juridical science, a doctorate in business administration, a Juris Doctor, and 13 credential programs. It is classified among "R2: Doctoral Universities – High research activity". LMU's sports teams are called the Lions and compete at the NCAA Division I level as members of the West Coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
