Search results
Results from the WOW.Com Content Network
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."
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party.
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
The leading case is Lumley v Wagner, which is an English decision. [8] 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 ...
Quia timet (Latin for 'because he fears'), 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 [28 Ch.D. 688 at p. 698] stated 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 ...
In addition to 11 state charges out of New York, the federal rap in connection to the Dec. 4 slaying could make the Ivy Leaguer eligible for the death penalty. Sources tell The Post that the feds ...
The magazine provisions were struck down by Judge Skretny in 2013, [13] and this ruling was upheld by the U.S. Court of Appeals for the Second Circuit in 2015, allowing New York gun owners to "legally load 10 rounds in a 10-round magazine." [10] Neither the Act nor the subsequent court cases affected New York's pre-existing ten-round magazine ...