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Equitable Remedy Applications
Equity remedies come from common law jurisdictions and are judge made from previous cases. They are applied to other cases that have some of the same circumstances to aid judges in deciding cases. Equity remedies are based on the U.S. Constitution.
For a medical malpractice suit, injunctive relief is appropriate to prevent action, stop ongoing and repeated action that violates a person's rights or causes harm, or to force a defendant to take action in order to prevent harm (What is an injunction?, 2013). Monetary damage can be requested with the injunctive relief. Injunctive relief must be a last resort with proof of other remedies not working. It begins with a petition asking the court to grant injunctive relief. Once the court grants injunctive relief, the court can court order a defendant until a final hearing, known as a temporary injunction. At a hearing, both parties present their evidence, the judge reviews it and makes a decision for the case.
Tyler Harper wore a t-shirt with "Be Ashamed, Our School Embraced what God Has Condemned" on the front...
Poway Unified School District, 2006). This violated Harper's right to free speech for public debate. The judge used the rationale that the action was directly contrary to prohibition of viewpoint discrimination in that both parties had the right to express their views in questions of public debate.
Intent of the offender is the primary consideration in determining mala in se and mala prohibitum (Mala in Se and Mala Prohibitum Distinguished, 2010). Mala in se is wrongful from their nature and includes crimes of murder. Mala prohibitum is wrong merely because it is prohibited by nature. It is violations of mere rules of convenience, such as stealing.
Battery is an act that must cause physical harm or physical illness subsequent to the act, specific intent or general intent, and harmful or offensive conduct where the act sufficiently set in motion a force that results in contact (Farlex). When a citizen helps…
Bibliography
Jonathan Lehr v. Lorraine Robertson, 463US, 248 (1983). (1983). Retrieved from Family Law: http://www.kylewood.com/familylaw/lehr.htm
Harper v. Poway Unified School District. (2006, July 31). Retrieved from iclrs.org: http://www.iclrs.org/docs/Harper%20v.%20Poway%20Unified%20School%20District.pdf
Mala in Se and Mala Prohibitum Distinguished. (2010, May 24). Retrieved from Law Giants: http://www.lawgiants.com/2010/05/mala-in-se-and-mala-prohibitum-distinguished
What is an injunction? (2013). Retrieved from Free Advice: http://freeadvice.com/litigation/legal-remedies/what-is-an-injunction.htm
Farlex. (n.d.). battery. Retrieved from The Free Dictionary: http://legal-dictionary.thefreedictionary.com/Battery
Morello, C. (2011, December 14). Married couples at a record low. Retrieved from The Washington Post: http://articles.washingtonpost.com/2011/12-14/local/35287431_1_couples-decline-in-marriage-rates-median-age
The FindLaw Guide to Spousal Support. (n.d.). Retrieved from FindLaw: http://images.findlaw.com/pdfs/spousalsupport_miniguide.pdf
equitable doctrine of confidence in Australia Currently there are no statutory laws that grant the "right to privacy" to individuals or corporations in Australia. Further, the common law from 1937 case of Victoria Park Racing and Recreation Ground Co Limited v Taylor up until 1973 with ABC v Lenah Game Meats and Giller v Procopets , identification of the right to privacy is essential to the Australian courts. However, international instruments such as the
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
Fiscal and Monetary Issues in America Economics There are high tensions in the American economy today resulting from speculations whether the government will be able to hit the debt ceiling. Failure to hit the debt ceiling has serious economic effects to many sectors of the economy both in the United States and various countries of the world. Political disagreements regarding the budget delay decision-making process as the date ceiling draws closer
("House Passes Bill to," 2006, p. A06) Another general false conception is that "colleges are increasing need-based scholarships as opposed to merit-based scholarships... (however,) the College Board's annual report shows that at the state level, the percentage of merit-based grant aid increased from 10% of all aid during the 1993-1994 academic year to 26% of all aid in 2003-2004." These and other misperceptions, perhaps contribute to the fact most Americans
Statistics show that black murderers are far more likely than white murderers to get the death penalty, especially if the victim was white. Blacks make up 12% of the population but 40% of the population on death row, as noted. Georgia can serve as a case in point. Statistics show that a black man accused of killing a white person in Georgia is substantially more likely to receive the
Agency Theory and Executive Compensation An Analysis of Agency Theory and Aligning Executive Stock Options with Corporate Objectives According to Jensen and Meckling (1976), any medium- or large-sized firm today is not directly managed by its owners (the shareholders) but rather by "hired hands" that is, professional managers. Presumably, these professionals are capable and diligent agents of the owners, but these professionals' interests are not always the same as the shareholders' interests.