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Some Related Sentences

injunction and is
There is only a judgment that grants money damages or some other kind of equitable remedy such as restitution or a permanent injunction.
< cite id = disputedinjunction > The Vatican archives contain an unsigned copy of a more strongly worded formal injunction purporting to have been served on Galileo shortly after Bellarmine's admonition, ordering him " not to hold, teach, or defend " the condemned doctrine " in any way whatever, either orally or in writing ", and threatening him with imprisonment if he refused to obey .</ cite > However, whether this injunction was ever properly served on Galileo is a subject of much scholarly disagreement.
This " interpretation " is what Tramiel used to counter-sue, and sought damages and an injunction to bar Amiga ( and effectively Commodore ) from producing any resembling technology.
It is also possible for individuals held by the state to petition for judicial review, and individuals held by non-state entities to apply for an injunction.
Based on the Biblical injunction against cooking a kid in its mother's milk, this rule is mostly derived from the Oral Torah, the Talmud and Rabbinic law.
' Let us obey the Biblical injunction: you of course, have the choice of natural means ; but as for me, I am afraid that there is no course open to me but the scientific way.
A politician must not be a man of the " true Christian ethic ", understood by Weber as being the ethic of the Sermon on the Mount, that is to say, the injunction to turn the other cheek.
In general, Moses is described in ways which parallel the prophet Muhammad, and " his character exhibits some of the main themes of Islamic theology ," including the " moral injunction that we are to submit ourselves to God.
* Final Judgment in U. S. v. Microsoft ( injunction including final settlement terms approved by the court ) ( note that the copy posted on the district court's web site is actually an earlier version that the court declined to approve ).
In Pandora by Bishop Jean Oliver, Pandora is said to " open the box in defiance of a divine injunction ".
It is possible that the obligation to fast during Ramadan comes from early injunction to fast on Ashura, the 10th day of the month of Muharram, which may have once been identical with the Jewish observance of the Day of Atonement.
An injunction and / or performance bond ensures that there is something to seize in the event of a guilty verdict.
Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction.
Damasus had instructed Jerome to be conservative in his revision of the Old Latin Gospels, and it is possible to see Jerome's obedience to this injunction in the preservation in the Vulgate of variant Latin vocabulary for the same Greek terms.
During Passover, unleavened bread, in the form of various types of matzo, is required due to the Biblical injunction to avoid any form of leaven during this time of year.
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts.
A TRO usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.
The term ' John Doe Injunction ' ( or John Doe Order ) is used in the UK to describe an injunction sought against someone whose identity is not known at the time it is issued :" 8. 02 If an unknown person has possession of the confidential personal information and is threatening to disclose it, a ' John Doe ' injunction may be sought against that person.

injunction and type
Non molestation orders are a type of injunction used to protect a partner or ex-partner from hurting, intimidating, harassing, etc., you or your children.

injunction and equitable
Litigants would go ‘ jurisdiction shopping ’ and often would seek an equitable injunction prohibiting the enforcement of a common law court order.
The penalty for disobeying an equitable ‘ common injunction ’ and enforcing a common law judgment was imprisonment.
However, in general, a litigant cannot obtain equitable relief unless there is " no adequate remedy at law "; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question.
Copyright misuse is comparable to, and draws from precedents under, the older doctrine of patent misuse, which dates back to the early years of the 20th century and derives from the more general equity doctrine of " unclean hands ", which bars a party from obtaining equitable relief ( such as an injunction ) against another when the party has acted improperly ( though not necessarily illegally ).

injunction and remedy
In equity, this form of remedy is usually one of specific performance or an injunction ( injunctive relief ).
In court the remedy would be damages but rarely an injunction.
An injunction could be awarded to enforce a contractual disciplinary procedure, but because compensation is usually an adequate remedy for premature termination an injunction is generally not available to keep a job going, even in a redundancy situation where the selection process has been circumvented.
Equity courts developed such a remedy, the injunction, that provided an ongoing bar to the activity that caused the damage.
However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction.
But this has long ceased to be law, as regards both the remedy by damages, and the remedy by injunction.
The remedy for a private nuisance is by injunction, action for damages or abatement.
The Court also rejected the contention raised by Young that an injunction was inappropriate because the railroads could get an adequate remedy by testing the statute in the courts.
The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights.
( Money damages were traditionally considered to be less onerous of a remedy than injunction, except in Constitutional Jurisprudence ; in Edelman v. Jordan, Justice Rehnquist declared exactly the opposite, an assertion of dubious legal pedigree.
But because the April 1926 Mercury had already been mailed, an injunction was no longer an appropriate remedy.
A plaintiff must demonstrate: ( 1 ) that it has suffered an irreparable injury ; ( 2 ) that remedies are not available at law ; ( 3 ) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted ; and ( 4 ) that the public interest would not be disserviced by a permanent injunction.
A court may order payment of damages or an injunction to remedy the tort.
The Court ruled that an injunction was the appropriate remedy because of " institutionalized caution " and the separation of powers.
The judgment finding that petitioner corporation's operation of a dam would eradicate an endangered species, and that an injunction was the appropriate remedy, was affirmed because endangered species were afforded the highest priorities, and continuing appropriations did not constitute an implied repeal of the statute as it applied to the project.

injunction and specific
On the other hand, if the plaintiff requests an injunction, declaratory judgment, specific performance, or modification of contract, or some other non-monetary relief, the claim would usually be one in equity.
In addition a second law, the Clayton Antitrust Act, forbade many corporate practices that had thus far escaped specific condemnation — interlocking directorates, price discrimination among purchasers, use of the injunction in labor disputes and ownership by one corporation of stock in similar enterprises.
In their stead, it claims that life has no set monetary value ; it claims that no economic crime should ever be punished with death ; it claims that man can never punish someone for crimes not his own ( this injunction is often violated, however — the Book of Joshua contains dozens of examples ); it demands justice before the law, regardless of political or financial status ; and it sets very specific, non-theatrical forms of capital punishment.
In the house code set down by Masayuki, there was a specific injunction to serve the shogun with single-minded devotion, and it was this injunction which the family took great pains to show its adherence to, even if its true objectives were those of improving status and prestige.
It can also take the form of a legal injunction or government order prohibiting the publication of a specific document or subject.
It is usually the opposite of a prohibitory injunction but there are mandatory injunctions which have a similar effect to specific performance.
Additionally, in England and Wales, under s. 50 of the Senior Courts Act 1981, the High Court has a discretion to award a claimant damages in lieu of specific performance ( or an injunction ).
This would include such remedies as obtaining an injunction, or requiring specific performance of a contract.

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