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Temporary Restraining Order
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. De ...
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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 ser ...
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Money
Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are as a medium of exchange, a unit of account, a store of value and sometimes, a standard of deferred payment. Money was historically an Emergence#Economics, emergent market phenomenon that possess intrinsic value as a Commodity money, commodity; nearly all contemporary money systems are based on unbacked fiat money without use value. Its value is consequently derived by social convention, having been declared by a government or regulatory entity to be legal tender; that is, it must be accepted as a form of payment within the boundaries of the country, for "all debts, public and private", in the case of the United States dollar. Contexts which erode public confidence, such as the circulation of counterfeit money or domestic hyperinflation, can ...
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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 ...
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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 of Australia, Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = Local government areas of New South Wales, 128 local government areas , admin_center_type = Administration , leader_title1 = Monarchy of Australia, Monarch , leader_name1 = Charles III , leader_title2 = Governor of New South Wales, Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier of New South Wales, Premie ...
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Duke Law Journal
The ''Duke Law Journal'' is a student-run law review and the premier legal periodical of Duke University School of Law. The journal publishes general-interest articles and student notes in eight issues each year. History and Overview The journal was established in March 1951 as the ''Duke Bar Journal'' and obtained its current title in 1957. In 1969, the journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the ''Duke Bar Journal'' had two issues and 259 pages. In 1959, the journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. More recently, Volume 60 had just over 1900 pages in eight issues. The ''Duke Law Journal'' is consistently ranked among the most cited law reviews according to the Washington and Lee University School of Law's rankings. Staff and selection of membership The journal selects approximately 40 second-year law students for membership. This selection occur ...
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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 ...
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Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications in law, and number 4 in Mikhail Koulikov's rankings of law reviews by social impact. The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries, and notes. The seventh issue is traditionally its symposium issue, which is dedicated to articles on a particular topic. The ''Review'' also publishes the ''Texas Law Review Manual on Usage & Style'' and the ''Texas Rules of Form: The Greenbook'', both currently in their fourteenth editions. The ''Texas Law Review'' is wholly owned by a parent corporation, the Texas Law Review Association, rather than by the school. Admission to the ''Review'' is obtained through a "write-on" process at the end of each academic year. Well over half of each clas ...
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Spite Fence
In property law, a spite fence is an overly tall fence or a row of trees, bushes, or hedges, constructed or planted between adjacent lots by a property owner (with no legitimate purpose), who is annoyed with or wishes to annoy a neighbor, or who wishes to completely obstruct the view between lots. Several U.S. states and local governments have regulations to prohibit spite fences, or related regulations such as those establishing a maximum allowed height for fences. In the United Kingdom, the terms spite wall or blinder wall (as in, to blind the view of a neighbour) are more commonly used. Law An overly tall fence may not be considered a spite fence by a court if there is some other reason for the fence which requires the extra height. In one case, a man built a fence on his property, and his neighbor sued him. The man had put up a fence that tall because his neighbor kept throwing garbage over the old (shorter) fence. Since keeping garbage out of one's yard is a legitimate rea ...
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Vanderbilt Law Review En Banc
The ''Vanderbilt Law Review'' is the flagship academic journal of Vanderbilt University Law School. The law review was founded in 1947 and is published six times per year. In 2018, it was ranked #11 among general-topic law reviews by the Washington and Lee law journal rankings. Articles appearing in the ''Vanderbilt Law Review'' have been cited by the Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ..., all thirteen federal circuit courts of appeal, and hundreds of other law reviews and journals. In 2008, the ''Vanderbilt Law Review'' launched ''Vanderbilt Law Review En Banc'', an online companion to the law review. En Banc publishes short symposia on Supreme Court cases, responses to articles in the ''Vanderbilt Law Review'', book reviews and comments, and shorter e ...
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Unclean Hands
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in ''Uncommon Law'' by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court". A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean h ...
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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 bei ...
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