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Equitable Remedy Applications Equity Remedies Come From Essay

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…

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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
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