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Irreparable Harm
An irreparable injury is, in equity (law), equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were." The irreparable injury rule It has traditionally been a requirement of Equity (law), equity that no relief can be granted unless there is irreparable injury. This requirement, commonly called the "irreparable injury rule", has been the subject of sustained academic criticism, especially by remedies scholar Douglas Laycock, who has argued at length that the rule does not actually explain the decisions of courts in the United States. Nevertheless, the irreparable injury rule was reaffirmed by the U.S. Supreme Court in ''eBay v. MercExchange'', 547 U.S. 388 (2006), a case in which the Court announced a test for injunctive relief that required, among other things, that the plaintiff prove "that it has suffered an irreparable injury". The concept of irreparable injury in various jurisdictions The general idea that there are irreparable i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece .... 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Temporary Restraining Order
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] |
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 req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agrarian Reform
Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Land reform is often considered a contentious process, as land is a key driver of a wide range of social, political and economic outcomes. The structure and distribution of land rights has been linked to state formation, economic growth, inequality, political violence, and identity politics, making land reform highly consequential for the long-term structures of society. Overview Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings (e.g., plantations, large ranches, or a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples
There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model. Estimates of the population of Indigenous peoples range from 250 million to 600 million. There are some 5,000 distinct Indigenous peoples spread across every inhabited climate zone and inhabited continent of the world. Most Indigenous peoples are in a minority in the state or traditional territory they inhabit and have experienced domination by other groups, especially non-Indigenous peoples. Although many Indigenous peoples have experienced colonization by settlers from European nations, Indigenous identity is not determined by Western colonization. The rights of Indigenous peoples are outlined in national legislation, treaties and international law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). History Following the unification of the List of cities of the ancient Near East, city-states in Assyria and Sumer by Sargon of Akkad into a Akkadian Empire, single empire ruled from his Akkad (city), home city circa 2334 BC, Ancient Mesopotamian units of measurement, common Mesopotamian standards for length, ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philippines
The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a total area of roughly 300,000 square kilometers, which are broadly categorized in Island groups of the Philippines, three main geographical divisions from north to south: Luzon, Visayas, and Mindanao. With a population of over 110 million, it is the world's List of countries and dependencies by population, twelfth-most-populous country. The Philippines is bounded by the South China Sea to the west, the Philippine Sea to the east, and the Celebes Sea to the south. It shares maritime borders with Taiwan to the north, Japan to the northeast, Palau to the east and southeast, Indonesia to the south, Malaysia to the southwest, Vietnam to the west, and China to the northwest. It has Ethnic groups in the Philippines, diverse ethnicities and Culture o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenya
Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. Kenya's capital and largest city is Nairobi. Its second-largest and oldest city is Mombasa, a major port city located on Mombasa Island. Other major cities within the country include Kisumu, Nakuru & Eldoret. Going clockwise, Kenya is bordered by South Sudan to the northwest (though much of that border includes the disputed Ilemi Triangle), Ethiopia to the north, Somalia to the east, the Indian Ocean to the southeast, Tanzania to the southwest, and Lake Victoria and Uganda to the west. Kenya's geography, climate and population vary widely. In western, rift valley counties, the landscape includes cold, snow-capped mountaintops (such as Batian, Nelion and Point Lenana on Mount Kenya) with vast surrounding forests, wildlife and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Election
An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive (government), executive and judiciary, and for local government, regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary association and corporations. The global use of elections as a tool for selecting representatives in modern representative democracies is in contrast with the practice in the democratic archetype, ancient History of Athens , Athens, where the elections were considered an oligarchy , oligarchic institution and most political offices were filled using sortition, also known as allotment, by which officeholders were chosen by lot. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
