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Quia Timet
; ), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of '' Fletcher v. Bealey'' 8 Ch.D. 688 at p. 698stated the necessary conditions for the equity courts to grant an injunction in such cases: # proof of imminent danger; # proof that the threatened injury will be practically irreparable; and # proof that whenever the injurious circumstances ensue, it will be impossible to protect plaintiff's interests, if relief is denied. ''Brevia anticipantia'' remedies were writs at common law. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be imploded. 3. A monstraverunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda before any default of inclosure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warrantia Chartae
''Warrantia chartae'' is an ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he was sued or impleaded in assize or other action, in which he could not vouch or call to warranty. It was brought by the feoffor pending the first suit against him, and had this valuable incident, that when the warrantor was vouched, and judgment passed against the tenant, the latter obtained judgment simultaneously against the warrantor, to recover other lands of equal value. References Writs Writs of prevention Legal documents with Latin names {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Documents With Latin Names
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in ''Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of '' United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopolies. The ''Institutes's'' various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For exampl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ne Injustice Vexes
NE, Ne or ne may refer to: Arts and entertainment * Neutral Evil, an alignment in the American role-playing game ''Dungeons & Dragons'' * New Edition, an American vocal group * Nicomachean Ethics, a collection of ten books by Greek philosopher Aristotle Businesses and organizations * National Express, an English public transport operator * Natural England, an English government agency * New England Patriots, a professional American football team in Foxborough, Massachusetts * New Hope (Macau), a Macau political party * SkyEurope Airlines, a Slovakian airline * New Era Cap Company, an American headwear company Language * Ne (cuneiform), a cuneiform sign * Ne (kana), a Japanese written character * Nepali language * Modern English, sometimes abbreviated NE (to avoid confusion with Middle English) Places * NE postcode area, UK, a postcode for the City of Newcastle upon Tyne, Tyne and Wear * Ne, Liguria, Italy, a ''comune'' in the Province of Genoa * Né (river), a river in so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Audita Querela
''Audita querela'' (Law Latin for " hecomplaint aving beenheard") is a writ, stemming from English common law, that serves to permit a defendant who has had a judgment rendered against him or her to seek relief of the consequences of such a judgment where there is some new evidence or legal defense that was not previously available. The writ is thus generally used to prevent a judgment from being executed where enforcement of that judgment would be "contrary to justice". At common law, the writ may be useful where a creditor engages in fraud before the judgment is rendered, or because the debt had been discharged, paid or otherwise satisfied after the judgment is rendered. The writ has existed at various times in England, Canada and the United States, and possibly Scotland. In England, it fell out of use in favor of less expensive remedies, and was ultimately abolished in 1875. In Canada, the writ has either fallen into disuse or been abolished entirely. In United States fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monstraverunt
A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor. References Writs Writs of prevention Legal documents with Latin names {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesne
Mesne (an Anglo-French legal form of the O. Fr. ''meien'', mod. ''moyen'', mean, Med. Lat. ''medianus'', in the middle, cf. English ''mean''), middle or intermediate, an adjective used in several legal phrases. * A mesne lord is a landlord who has tenants holding under him, while himself holding of a superior lord. Similar ideas are subinfeudation and subcontract. * Mesne process was such process as intervened between the beginning and end of a suit. * Mesne profits are profits derived from land while in wrongful possession, and may be claimed in damages for trespass, either in a separate action or joined with an action for the recovery of the land. The plaintiff must prove that he has re-entered into possession, his title during the period for which he claims, the fact that the defendant has been in possession during that period, and the amount of the mesne profits. The amount recovered as mesne profits need not be limited to the rental value of the land, but may include a sum to c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Act
A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') in common law countries, while civil law countries tend to have some additional categories, such as contraventions. Moral wrong is an underlying concept for legal wrong. Some moral wrongs are punishable by law, for example, rape or murder. Other moral wrongs have nothing to do with law, but are related to unethical behaviours. On the other hand, some legal wrongs, such as many types of parking offences, could hardly be classified as moral wrongs. Legal wrong A violation of law is any act (or, less commonly, failure to act) that fails to abide by existing law. Violations generally include both crimes and civil wrongs. Some acts, such as fraud, can violate both civil and criminal laws. In law, a wrong can be a legal injury, which is any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Coke
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation " lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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