Research Paper Undergraduate 407 words

Punitive Damages? In What Circumstances

Last reviewed: April 3, 2008 ~3 min read

¶ … punitive damages? In what circumstances are they justified?

Punitive damages are damages awarded not to compensate the plaintiff, but to punish the defendant and are used when "the victim's death was intentional, malicious, or egregious" ("When are punitive damages available," Freeadvice.com, 2008)

What is an injunction? When may it be used and for what purposes?

An injunction is a court order "requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. They are issued only "when the remedy at law is inadequate….For example, suppose you own a home surrounded by 100-year-old trees and your neighbor claims the trees are on his property and is planning on cutting them down. While the dispute is pending, the court might well issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and completely resolved. Otherwise there could be irreparable harm to the land [and] money damages could not replace the trees," ("What is an injunction," Freeadvice.com, 2008). Also, injunctions may be issued to stop someone from doing something potentially illegal, like violating a copyright, while a court case is ongoing, until the judge settles the dispute.

How can forfeiture be used in civil and criminal cases? Does its use in criminal cases pose any constitutional issues?

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PaperDue. (2008). Punitive Damages? In What Circumstances. PaperDue. https://www.paperdue.com/essay/punitive-damages-in-what-circumstances-31005

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