|
| |
| | John T. Blanchard, P.C. -- Rescission |
 | | However, rescission is still conventionally thought to be one of the "classic" equitable remedies (along with Specific Performance and Injunction); further, nothing appears to preclude an action for Declaratory Relief (seeking a judicial declaration that a party has no "rights or obligations" under a contract because it was timely rescinded). | | | While "rescinded" may accurately describe a contract's status (that is, extinguished and, thus, unenforceable) most authorities agree that no equitable cause of action to obtain a judicial declaration of a contract's status has existed in California since 1961 (instead, only a legal action for "restitution" remained after the statutory amendments). | | | One generally-respected text states, "[r]escission is available as a remedy for failure to form a contract because of lack of mutual assent and for breach of a validly formed and existing contract." This comment is, however, misleading for a number of reasons. |
|
http://www.jtblaw.com/rescission.asp
|
|
| |
| | Injunction Encyclopedia - ipedia.com |
| | An injunction is an equitable remedy in the form of a court order that prohibits a party from continuing a particular activity. | | | equitable relief to compel a person to do a specific act or acts or follow a course of conduct; though in some jurisdictions courts will not issue mandatory orders that require judicial oversight to insure compliance with the judge's order. | | | An injunction is an equitable remedy in the form of a court order that prohibits ("enjoins" or "restrains") a party from continuing a particular activity. |
|
http://www.ipedia.com/injunction.html
|
|
| |
| | PART 54 - JUDICIAL REVIEW AND STATUTORY REVIEW |
| | A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone. | | | The judicial review procedure may be used in a claim for judicial review where the claimant is seeking – | | | The judicial review procedure must be used in a claim for judicial review where the claimant is seeking – |
|
http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part54.htm
(4031 words)
|
|
| |
| | Open Spaces Magazine - On Judicial Activism by Diarmuid F. O'Scannlain |
| | Judicial activism means not the mere failure to defer to political branches or to vindicate norms of predictability and uniformity; it means only the failure to do so in order to advance another, unofficial objective. | | | The Court's observations underscore the importance of several attributes that are intrinsic to judicial decision-making but typically absent from executive and legislative decision-making: a neutral arbiter, written notice to the concerned parties, confrontation of adverse witnesses, and opportunity for oral argument. | | | The remedy for a bad law is to change the law through legislative action, not to depart from it one way or the other in the courts. |
|
http://www.open-spaces.com/article-v3n1-oscannlain.php
(4032 words)
|
|
| |
| | LawKT.com: Law Firm Publications on Judicial Discretion |
| | Thus, noting that the FTDA is subject to judicial discretion and the principles of equity, the court observed that if the defendant adopted the mark lawfully, the plaintiff may not be entitled to a remedy. | | | Judicial discretion Section 33 of the 1980 Act gives the court a discretion to disapply the limitation period in respect of personal injury claims having regard to certain factors. | | | Such an apportionment of responsibility among the five new republics was clearly not a matter of judicial discretion and required the consensus of all the republics concerned. |
|
http://www.lawkt.com/pubs/Judicial_Discretion.html
(3114 words)
|
|
| |
| | JS Online: Are courts becoming too activist? |
| | But the majority of the court went on and pronounced the broad prospective remedy - the fourth indicator of judicial activism -that all custodial interviews of juveniles in future cases must be electronically recorded. | | | When practicing judicial restraint, the opposite of judicial activism, courts find specific answers to legal questions in the text, structure and history of the law, or do not rule at all. | | | Following precedent also results in judicial economy, so courts need not repeatedly decide the same type of controversy, and instead can cite the already-decided authority as controlling. |
|
http://www.jsonline.com/news/editorials/sep05/359831.asp
(1872 words)
|
|
| |
| | Remediesoutlinefiretag.doc |
| | The study of judicial civil remedies is about what can actually be done for someone who has been or is about to be wronged. | | | Equitable remedies are granted in personam: In personam judgments either order a defendant to do, or refrain from doing, some act. | | | EQUITABLE LIEN Equitable Lien Defined An equitable lien is based on the doctrine of unjust enrichment, and is the right to have a fund or specific property applied in full or in part to the payment of a particular debt. |
|
http://www.geocities.com/harkless25/Remediesoutlinefiretag.doc
(1872 words)
|
|
| |
| | The Becker-Posner Blog: Grokster and the Scope of Judicial Power-BECKER |
| | This form of legal remedy should be used but rarely. | | | Listed below are links to weblogs that reference Grokster and the Scope of Judicial Power-BECKER: | | | This work is licensed under a Creative Commons License. |
|
http://www.becker-posner-blog.com/archives/2005/07/grokster_and_th.html
(1682 words)
|
|
| |
| | Althouse: Judicial independence. |
| | Greenhouse cites the House Reaffirmation of American Independence Resolution, which states that "inappropriate judicial reliance on foreign judgments, laws or pronouncements threatens the sovereignty of the United States, the separation of powers and the president's and the Senate's treaty-making authority." One of the resolution's sponsors alluded to impeachment as a remedy. | | | But the Constitution also provides for impeachment, and some pushback against judicial power is a good thing. | | | The demand for an absolute rule against impeachment for "judicial acts," lest the judge feel any pressure from the political sphere, is actually quite extreme. |
|
http://althouse.blogspot.com/2005/01/judicial-independence.html
(378 words)
|
|
| |
| | ARM - The legal basis of the claim for reparations |
| | In such cases, international law gives a remedy, even if the claimant was not born at the time of the expropriation. | | | The international recognition of the justice of the claim is a condition precedent to the setting up of any judicial machinery. | | | The International Court of Justice is competent to hear claims by one state against another for breaches of international law. |
|
http://www.arm.arc.co.uk/legalBasis.html
(4539 words)
|
|
| |
| | Judicial Process Final Exam Fall 2004 |
| | If a judge calls for a respondent who has been found responsible in a civil case to meet particular goals (in, e.g., prison staffing) but does not specify how those goals must be achieved, the judge has chosen what kind of remedy? | | | Explain whether and why you agree (or disagree) with Carter and Burke that “when a judicial opinion fits the four elements of legal reasoning plausibly together, the judicial writer has met his or her obligation to use judicial power the way our political culture expects” (p. | | | Judicial self-restraint is a feature of the _______________________ subculture. |
|
http://www.psci.vt.edu/hult/Judfin.htm
(4539 words)
|
|
| |
| | Jefferson on Politics & Government: Judicial Branch |
| | We require a majority of one house and two-thirds of the other [for removal of a [* Lw#Judge#judge]--a *] concurrence which in practice has been and ever will be found impossible; for the judicial perversions of the Constitution will forever be protected under the pretext of errors of judgment, which by principle are exempt from punishment. | | | The very idea of cooking up opinions in conclave begets suspicions that something passes which fears the public ear, and this, spreading by degrees, must produce at some time abridgement of tenure, facility of removal, or some other modification which may promise a remedy." --Thomas Jefferson to William Johnson, 1823. | | | The Judicial Branch must be independent of other branches of government, but not independent of the nation itself. |
|
http://etext.lib.virginia.edu/jefferson/quotations/jeff1270.htm
(4539 words)
|
|
| |
| | 2nd_Revo.htm |
| | judicial tyranny is a stark reality that ordinary Americans seem powerless to remedy. | | | up against judicial activism in order to secure our God-given rights and freedoms once again so that this Union of | | | current premonitions of immorality that boldly encroach upon our sensibilities by judicial fiat are omens that have |
|
http://www.americanliberationfront.org/2nd_Revo.htm
(4539 words)
|
|
| |
| | Idaho Judicial Accountability Act |
| | Attempts to remedy judicial misconduct shall include but not be limited to motions or petitions for relief, appeals and habeas corpus petitions. | | | Judicial Officers may waive claims to immunity by signing and filing a Statement of Waiver of Claims to Immunity with the Clerk of the IJAC, and in which case no deduction shall be made from his/her salary. | | | A complainant may file a complaint for judicial misconduct which occurred prior to the enactment of this Act; however, no complaint for judicial misconduct shall be brought for act(s) or omission(s) that were not illegal or contrary to the mandates of the Constitution(s) at the time they occurred. |
|
http://www.idsos.state.id.us/ELECT/INITS/06init02.htm
(4539 words)
|
|
| |
| | Communications Nos. 226-1987 and 256-1987 |
| | long as the Court of Appeal and the Privy Council conduct fair hearings, they provide "adequate means of redress", and the remedy under section 25 is not open to convicted prisoners. | | | 13.4 The Committee observes that the wording of rule 93, paragraph 4, of its rules of procedure does not support the State party's contention that a request for the review of an admissibility decision must be addressed prior to, and separately from, consideration of the communication on the merits. | | | Committee may review a decision that a communication is admissible in the |
|
http://hei.unige.ch/humanrts/undocs/newscans/226-1987.html
(3447 words)
|
|
| |
| | 39 Wn.2d 241, THE STATE OF WASHINGTON, Plaintiff and Relator, v. JULIAN TUGAS, Defendant |
| | A person committed as an insane person cannot be deprived of all judicial remedy looking to his discharge; hence, if there be no statutory judicial remedy, habeas corpus is necessarily the proper judicial remedy. | | | It is chapter 30 of the Laws of 1907, "AN ACT relating to the criminal insane, their trial, commitment and custody." The first four sections are found as Rem. | | | Either party may appeal to the supreme court from the judgment discharging the petitioner or remitting him to custody. |
|
http://www.mrsc.org/mc/courts/supreme/039wn2d/039wn2d0241.htm
(1403 words)
|
|
| |
| | OSCN Found Document:NIEMAN & NORTHCUTT v. MAINS |
| | Prohibition is the remedy where an inferior court assumes to exercise judicial power not granted by law or to make an unauthorized application of judicial force. | | | Prohibition is the remedy where an inferior court assumes to exercise judicial power not granted to it by law or to make an unauthorized application of judicial force. | | | BAYLESS, C. ¶1 Nieman and Northcutt Clinic, a copartnership, appeals from a judgment of the district court of Osage county, Okla., granting a writ of prohibition upon the application of Charley Mains. |
|
http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=12824
(972 words)
|
|
| |
| | 012.htm |
| | The Court apparently unanimously believed that the principle of judicial deference where Congress identifies and acts to remedy racial discrimination applies equally to Congress’ imposition of a remedy on the federal government as it does to Congress’ imposition of such a remedy on the states. | | | Mitchell arguably narrows the congressional power and corresponding judicial deference in the equal protection area recognized in Morgan to situations where, as in the instant case, Congress has identified a threat to racial equality under law and has imposed a remedy. | | | Indeed, all the Justices held in Mitchell that prohibiting literacy tests was a valid exercise of Congress’ power under the enforcement clauses of the Fourteenth or Fifteenth Amendment, regardless of whether they viewed federal elections as a federal or state function. |
|
http://www.yale.edu/lawweb/avalon/curiae/html/515-200/012.htm
(5840 words)
|
|
| |
| | ~ntwall |
| | Ely continues with his critique of judicial review by examining governmental malfunctioning, which, of course, is what judicial review aims to remedy. | | | Ely regards this as a particular problem in judicial affairs, as "the only propositions with a prayer of passing themselves off as 'natural law' are those so uselessly vague that now one will notice" (51). | | | Ely's first proposal in approaching judicial review is determining values that are acceptable and necessary in judicial rulings. |
|
http://web.syr.edu/~ntwall
(5840 words)
|
|
| |
| | [No title] |
| | Much of judical review's utility exists because it is highly flexible, and when a statute does not provide for a review or appeal, judicial review's inherent flexibility provides the citizen with a remedy where one might otherwise not exist. | | | Judicial review is founded on the prerogative orders of mandamus, certiorari, and prohibition. | | | It should be noted that judicial review applies only to inferior bodies - the House of Lords and Court of Appeal are therefore not subject to the supervisory jurisdiction of the High Court, and nor is the Crown. |
|
http://members.lycos.co.uk/lawnet/JUDREV.HTM
(5840 words)
|
|
| |
| | Navhind Times on the Web: India |
| | Judicial misconduct in India has no legal remedy. | | | To three: The restatement of values of judicial life adopted by the Chief Justices Conference of India, 1999; The Bangalore Principles of Judicial Conduct, 2002; The oath of a judge as contained in the Third Schedule of the Constitution of India. | | | Mr Justice Lahoti was delivering the inaugural M C Setalvad Memorial lecture on Canons of Judicial Ethics organised by the Bar Association of India recently. |
|
http://www.navhindtimes.com/stories.php?part=news&Story_ID=031512
(423 words)
|
|
| |
| | sg820081.txt |
| | In concluding that an implied damages remedy was appropriate, the Court explained that this wrong is distinct from a private trespass, and justifies the creation of a federal judicial remedy, because it involves the exercise of sovereign powers that neither the citizen nor local authorities can effectively resist. | | | The Differences Between the Civil Service Remedies and the Implied Damages Remedy Do Not Require That Petitioner Be Allowed To Bring a Damages Action Under the Lloyd-LaFollette Act, 5 U.S.C. 7501(a), petitioner could not be demoted "except for such cause as will promote the efficiency of (the civil) service." See 5 C.F.R. 752.104(a) (1975). | | | C. Special Factors Require the Court To Hesitate Before Creating an Implied Damages Remedy for Federal Employees The Court ruled in Bivens that a damages remedy based directly on the Constitution should not be implied if there are "special factors counselling hesitation in the absence of affirmative action by Congress." 403 U.S. at 396. |
|
http://www.usdoj.gov/osg/briefs/1982/sg820081.txt
(423 words)
|
|
| |
| | www.cali.org - CALI Lessons Subject List |
| | In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. | | | The lesson considers the damages remedy by examining the general and special rules that govern legal protection of the interests in preserving bodily integrity, mental integrity, and ability to pursue a livelihood. | | | Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. |
|
http://www2.cali.org/cat-rem.html
(423 words)
|
|
| |
| | Smith v. Thompson (9/20/96), 923 P 2d 101 |
| | Smith was not pursuing an alternative legal remedy in a judicial or quasi-judicial forum when she was negotiating the settlement with State Farm. | | | Finally, equitable tolling does not serve to toll the statute of limitations because Smith was not engaged in pursuing her rights in a judicial or quasi-judicial forum. | | | Equitable estoppel does not apply because Smith was not prejudiced by the release, regardless of its validity or the representations made by State Farm concerning its legal effect. |
|
http://www.touchngo.com/sp/html/sp-4406.htm
(2499 words)
|
|
| |
| | Constitutionalism in Exile |
| | But I don’t think the constitutional remedy is for the courts to simply overturn everything, not that I am up for an appellate judgeship anyway. | | | Even today, when constitutional conservatives aren’t being criticized for wanting to use the courts to strike down the New Deal, they are being criticized for wanting to do away with judicial review. | | | The commerce and necessary and proper clauses no longer are read to effectively limit federal power; the Ninth and Tenth Amendments, along with privileges or immunities clause, have essentially been gutted to the point of judicial appeal. |
|
http://www.intellectualconservative.com/article4350.html
(964 words)
|
|
| |
| | The Inclusionary Housing Debate - Who Really Pays for Affordable Housing - On Common Ground - Winter 2003 |
| | The administrative appeal process, a key component of this technique, offers the opportunity to avoid the uncertainty and expense of prolonged litigation, which is a concern with other techniques, such as the judicial remedy, which is designed to rely upon the courts as the ultimate arbiter. | | | However, even in states where courts have not adopted a judicial remedy, federal courts may hear challenges to restrictive zoning regulations based on claims of racial discrimination or Federal Fair Housing Act claims.(7) | | | First, mandatory inclusionary zoning requires developers to provide a percentage of affordable units (or payments in lieu) and is intended to create a private sector subsidy for the construction of affordable units, generally by distributing the cost of affordable units among market rate units. |
|
http://www.realtor.org/sg3.nsf/Pages/housingdebatepays?OpenDocument
(2052 words)
|
|
| |
| | 98-1665-majority.htm |
| | Finally, we must address the question of whether the failure of both complaints to include Maryland election officials as defendants poses an insuperable obstacle to redressability, given that one proposed remedy is to permit plaintiffs to vote for representatives as if they were citizens of Maryland. | | | Moreover, plaintiffs point out that if we were to find them to be Maryland citizens for purposes of congressional voting, a remedy could be crafted that would not necessarily rely on Maryland's electoral machinery. | | | In sum, we conclude that constitutional text, history, and judicial precedent bar us from accepting plaintiffs' contention that the District of Columbia may be considered a state for purposes of congressional representation under Article I. Before proceeding to plaintiffs' alternative argument, we pause over another advanced by the dissent. |
|
http://www.dccitizensfordemocracy.org/98-1665-majority.htm
(2052 words)
|
|
| |
| | Dissenting Opinion by Davis, J., Scott v. Stewart, No. 29772 |
| | The writ of certiorari may only be used when no mechanism for review of a judicial or quasi-judicial proceeding is provided for by law. | | | State Road Comm'n, 103 W. Va. 714, 719-720, 138 S.E. 362, 364 (1927) (“The writ [of certiorari] is an extraordinary remedy resorted to for the purpose of supplying a defect of justice in cases obviously entitled to redress and yet unprovided for by the ordinary forms of procedure.”); Ashworth v. | | | Machine Works, 24 W. Va. 517 (1884) (“Certiorari is an extraordinary remedy resorted to for the purpose of supply[ing] a defect of justice in cases obviously entitled to redress and yet unprovided for by the ordinary forms of proceeding.”). |
|
http://www.state.wv.us/wvsca/docs/fall01/29772d.htm
(1928 words)
|
|
| |
| | simon.htm |
| | Basically, Simon argues (1) that the suspect classifications concept can serve as a jurisprudential vehicle to ameliorate injustices done to groups defined as disadvantaged along several "contours," and (2) that courts ought to remedy injustices done to such groups. | | | He proposes that, in addition to "race/ethnicity," courts could treat classifications based on "gender/sexual orientation, poverty, infirmity and age" as suspect and thus subject them to strict judicial scrutiny. | | | His book is long on the philosophy of relations between democracy and social justice, but short on law and politics of judicial process; his subtitle to the contrary notwithstanding. |
|
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/simon.htm
(1119 words)
|
|
|
