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Preliminary Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requ ... [...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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 neighbor) are more commonly used. Law Courts have said, " der American rule... one may not erect a structure for the sole purpose of annoying his neighbor. Many courts hold that a spite fence which serves no useful purpose may give rise to an action for both injunctive relief and damages." Sundowner, Inc. v. King is a classic spite fence case. In this case from Idaho, the defendant King, bought a motel from the plaintiff (Bush ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yellow Dog Contract
A yellow-dog contract (a yellow-dog clause of a contract, also known as an ironclad oath) is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a trade union, labor union. In the United States, such contracts were used by employers to prevent the formation of unions, most often by permitting employers to take civil suit, legal action against union organizers. In 1932, yellow-dog contracts were Law of the United States, outlawed in the United States under the Norris-LaGuardia Act. Origin of term and brief history In the 1870s, a written agreement containing a pledge not to join a union was commonly referred to as the "Infamous Document". This strengthens the belief that American employers in their resort to individual contracts were consciously following English precedents. This anti-union pledge was also called an "iron clad document," and from this time until the close of the 19th century "iron-clad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Mine Workers Of America
The United Mine Workers of America (UMW or UMWA) is a North American labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the United States and Canada. Although its main focus has always been on workers and their rights, the UMW of today also advocates for better roads, schools, and universal health care. By 2014, coal mining had largely shifted to open pit mines in Wyoming, and there were only 60,000 active coal miners. The UMW was left with 35,000 members, of whom 20,000 were coal miners, chiefly in underground mines in Kentucky and West Virginia. However it was responsible for pensions and medical benefits for 40,000 retired miners, and for 50,000 spouses and dependents. The UMW was founded in Columbus, Ohio, on January 25, 1890, with the merger of two old labor groups, the Knights of Labor Trade Assembly No. 135 and the National Progressive Miners Union.The Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and Employee benefits, benefits, improving Work (human activity), working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing the bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of its members, known as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Debs
''In re Debs'', 158 U.S. 564 (1895), was a labor law case of the United States Supreme Court, which upheld a contempt of court conviction against Eugene V. Debs. Debs had the American Railway Union continue its 1894 Pullman Strike in violation of a federal injunction ordering labor unions back to work. The Supreme Court held that the federal government's Commerce Clause authority includes the ability to regulate the labor conditions of railways. Background Eugene V. Debs, president of the American Railway Union, had been involved in the Pullman Strike earlier in 1894 and challenged the federal injunction ordering the strikers back to work where they would face being fired. The injunction had been issued because of the violent nature of the strike. However, Debs refused to end the strike and was subsequently cited for contempt of court; he appealed the decision to the courts. The main question being debated was whether the federal government had a right to issue the injunct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pullman Strike
The Pullman Strike comprised two interrelated strikes in 1894 that shaped national labor policy in the United States during a period of deep economic depression. First came a strike by the American Railway Union (ARU) against the Pullman Company's factory in Chicago in spring 1894. When it failed, the ARU launched a national boycott against all trains that carried Pullman passenger cars. The nationwide railroad boycott that lasted from May 11 to July 20, 1894, was a turning point for US labor law. It pitted the American Railway Union (ARU) against the Pullman Company, the main railroads, the main labor unions, and the federal government of the United States under President Grover Cleveland. The strike and boycott shut down much of the nation's freight and passenger traffic west of Detroit, Michigan. The conflict began in Chicago, on May 11 when nearly 4,000 factory employees of the Pullman Company began a wildcat strike in response to recent reductions in wages. Most of the factory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Government
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct branches: United States Congress, legislative, President of the United States, executive, and Federal judiciary of the United States, judicial. Powers of these three branches are defined and vested by the Constitution of the United States, U.S. Constitution, which has been in continuous effect since May 4, 1789. The powers and duties of these branches are further defined by Act of Congress, Acts of Congress, including the creation of United States federal executive departments, executive departments and courts subordinate to the Supreme Court of the United States, U.S. Supreme Court. In the Federalism in the United States, federal division of power, the federal government shares sovereignty with each of the 50 states in their respective t ... [...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 be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
