This is an extract of our Equitable Relief The Injunction document, which we sell as part of our Remedies Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Remedies Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
EQUITABLE RELIEF- THE INJUNCTION A) Introduction:
* A JUDGE will decide whether injunctive relief is appropriate
* Full faith and credit: Even though an injunction is not a judgment, it must be given full faith and credit.
* Equitable relief is a way for the court to provide a remedy for an aggrieved party when damages are insufficient, ie., there is no adequate remedy at law. o Establish that there is:
? Irreparable harm &
? No adequate remedy at law I) Types of Equitable Relief: Injunction: a basic order that someone do or not do something. o Substantial right of the plaintiff is in jeopardy o Remedy at law is inadequate (aka irreparable harm) o Feasibility of enforcing the injunction i.e. ensure compliance with the injunction Constructive trust relief See below Equitable lien See below Specific performance o Decree by the court that a contract will be performed under certain conditions
II) Local action rule A court does not have jurisdiction in another state Title disputes: o These arise in cases such as Trespass. o Title dispute would be someone saying they have adverse possession. Or that in 1908 my grandfather owned it and you stole it, or if there is an encroachment issue. B) Equitable relief to enjoin crimes
* Courts will not enjoin a criminal prosecution. If a person is to be prosecuted, they can get the same relief from a jury trial in the criminal court.
* The state has criminal statutes to keep people from committing a crime, so they do not need injunctions against someone from committing a crime. There are laws for that.
* A court cannot enjoin a crime before it happens, because there is no proof that it will occur.
* Exception: Generally there is no enjoining of a crime, however, if there is a statute for public nuisance you can enjoin the crime.
Buy the full version of these notes or essay plans and more in our Remedies Outlines.