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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] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2009 Term United States Supreme Court Opinions Of John Roberts
{{SCOTUS-justice-listframe , firstname=John , lastname=Roberts , chief=yes , image=File:File-Official roberts CJ cropped.jpg , term=2009 , tenurecount=fifth , startdate=October 5, 2009 , enddate=October 3, 2010 , majority=8 , concurrence=3 , concurrencedissent=2 , dissent=4 , other=2 , benchcount=15 , relatingtoorders=2 , inchambers=2 , unanimous=0 , mostjoinedby=Scalia (11) , leastjoinedby=Breyer (3) , url-courtopinions=https://www.supremecourt.gov/opinions/slipopinion/09 , url-relatingtoorders=https://www.supremecourt.gov/opinions/relatingtoorders/09 , url-inchambers=https://www.supremecourt.gov/opinions/in-chambers/09 , accessdate=October 4, 2010 , opinionstemplate=John Roberts opinions , courttemplate=SCOTUSterm2009-2010 , entries= {{SCOTUS-justice-listentry , #=01 , case=Beard v. Kindler , type=majority , volume=558 , page=53 , year=2009 , issues=habeas corpus review {{* adequate and independent state ground doctrine {{* discretionar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laches (equity)
In common law legal systems, laches ( "latches", ; Law French: ''remissness'', ''dilatoriness'', from Old French ''laschesse'') is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. This means that it is an ''unreasonable'' delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity, "Equity aids the vigilant", not those who sleep on their rights. Put another way, failure to assert one's rights in a timely manner can result in a claim be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Penalty
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary. Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burwell V ''
{{disambiguation, geo ...
Burwell may refer to: People * Burwell (name) Places * Burwell, Cambridgeshire * Burwell, Lincolnshire * Burwell, Nebraska * Burwell Creek, a stream in Georgia * The Burwell, an NRHP-listed high-rise in Knoxville, Tennessee Ships * USS ''Laub'' (DD-263), a destroyer renamed HMS ''Burwell'' when she was transferred to the Royal Navy in World War II Government * Sylvia Mathews Burwell (born 1965), United States Secretary of Health and Human Services, who due to that role, has been named as the defendant in several related lawsuits: ** ''Burwell v. Hobby Lobby'' ** ''King v. Burwell'' ** ''Zubik v. Burwell ''Zubik v. Burwell'', 578 U.S. ___ (2016), was a case before the Supreme Court of the United States, United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interim Order
The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "''Actus curiae neminem gravabit''" which, translated to English, stands for "''an act of the court shall prejudice no one''". Therefore, to ensure that none of the interests of the parties to the litigation are harmed, the court may issue an interim order. Interim orders issued by the court may be of various kinds. The nature of the order essentially depends on the direction issued by the Court. Some examples of court orders classified as interim orders include: * Restraining orders (also called ''Injunction''), which are issued to stop either party from acting in a particular manner during the pendency of the civil action. These are essentially issued by the court to prevent situations in which either party may suffer harm beca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
