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An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
To prevent a party pursuing legal proceedings, that is, an anti-suit injunction. [ 2 ] Damages must not be an "adequate" alternative, which word has been interpreted broadly in regards to particular classes of assets such as precious works of art, removal of obstructions to rights of way and restraint of trespass but narrowly in regards to many ...
The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court .
A federal judge finalized an injunction against the Kansas Highway Patrol detailing how troopers must comply with an order on unreasonable searches.
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Additionally, in England and Wales, under s. 50 of the Senior Courts Act 1981, the High Court has discretion to award a claimant damages in lieu of specific performance (or an injunction). Such damages will normally be assessed on the same basis as damages for breach of contract, namely to place the claimant in the position he would have been ...
In the United States, the exercise of personal jurisdiction by a court must both comply with Constitutional limitations, and be authorized by a statute. [2] [3] In the United Kingdom, the exercise of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution. [4] [citation needed]
[3]: 471 Bray has noted that, among other problems, the current practice could lead to "conflicting injunctions," a situation where multiple parties bring suit, one court orders a defendant not to apply a statute or regulation against anyone, and another court orders the same defendant to ignore the first injunction or to continue to implement ...