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Asset Freezing
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an lawsuit, action from dealing with or dissipating its assets so as to frustrate a potential Judgment (law), 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 abuse of process, breaches of its process. Origins in ''Mareva'' The legal order itself is in the form of an injunction, which in Commonwealth of Nations, Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 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 o ... [...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 sug ... [...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 and Ireland. It is granted against a third party which has been innocently 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 Norwich Pha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 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 generally viewed as a moderate consensus-builder. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg wrote notable majority opinions, including '' 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). Ginsburg was born and grew up in Brooklyn, New York. Her older sister died when she was a baby, and her mother died shortly ... [...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 III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one 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 the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged 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 Justice (title), justices in the history of the Supreme Court. Scalia was Posthumous award, posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, 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 Church, Catholic, he attended Xavier High School (New York City), Xavier High School before receiving his undergraduate degree from Geor ... [...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 U.S. federal court cases, and over state court cases that involve a point of federal law. It also has 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." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allen & Overy
Allen & Overy LLP (informally A&O) is an international law firm. The firm has 580 partners and over 5,600 people worldwide. In 2022 A&O reported an increase in revenue to GBP1.96 billion and is the second largest law firm headquartered in the UK by revenue. ---- History Allen & Overy was founded in the City of 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 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 takeover in the City of London and acting for S. G. Warburg & Co. The firm arranged the first Eurobond (issued by Italian motorway gr ... [...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 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 UK, the jurisdiction to issue an asset freezing order ar ... [...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 counterfei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...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. It is located on the west side of the city near Playa Vista. LMU is the parent school to Loyola Law School, which is located in downtown Los Angeles. LMU offers 55 major and 59 minor undergraduate degrees and programs across six undergraduate colleges. The Graduate Division offers 47 master's degree programs, one education doctorate, one doctorate in juridical science, a Juris Doctor and 13 credential programs. LMU's sports teams are called the Lions and compete at the NCAA Division I level as members of the West Coast Conference in 20 sports. History Loyola Marymount University is the product of a merger between Loyola College, founded in 1917, and Marymount College, founded in 1932, with its roots in Marymount School which was founded in 1923. St. Vincent's College The present university is the product of the first institution of higher learning in Southe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
