Injunctions in a Nutshell


Book Description

Jurisdiction; Persons Bound; Privity; Aiders & Abettors; Successors; Equity Jurisdiction; Adequate Remedy at Law; Standing; Discretion; Criminal Act; Property Rights; Civil Rights; Privacy; Libel; Useless Act; Unenforceable Order; Vagueness of Order; Clean Hands; Aids the Vigilant; Abstention; Balancing the Equities; Prospective Harm; Public Interest; Temporary Restraining Order; Preliminary Injunction; Mandatory v. Prohibitory; Conditions; Bond; Modifying and Vacating; Appeal; Res Judicata; Comity; Extraterritorial Effect; Enforcement; Contempt.




Remedies in a Nutshell


Book Description

Remedies: What They Are; History of Remedies; Basic Rules for Legal and Equitable Remedies; Injunctions; Damages; Restitution; Rescission; Reformation; Specific Performance; Remedies: How They are Used; Remedies for Injuries to Realty, Personal Property and Money; Remedies for Injuries to Personal Interests; Remedies for Misrepresentation; Remedies for Mistake; Remedies for Duress, Undue Influence and Related Wrongs; Remedies for Breach of Contract; Restitution for Unenforceable Contracts.




Injunctive Relief


Book Description

The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.




Remedies in a Nutshell


Book Description

"This Nutshell explores the basic rules which inform legal and equitable remedies, restitution at law and equity, declaratory relief, jury trial, and attorneys’ fees. Additionally, the Nutshell examines the principal defenses and limitations on those remedies and the means by which equitable orders are enforced, such as through civil and criminal contempt. The discussion of equitable remedies includes both temporary restraining orders and permanent injunctions, along with specific performance of contractual obligations. Coverage includes the nature and measurement of compensatory damages for breach of contract, harm to real and personal property, and personal injuries. Further, the Nutshell discusses entitlement and measurement of punitive damages and the substantive and procedural constitutional due process limitations on those awards. Modern developments in the law are addressed, such as recent jurisprudence involving nationwide or universal injunctions and the limits on recovery for emotional distress and economic loss."--




Remedies in a Nutshell


Book Description

This Nutshell explains what remedies are and their history. Examines the basic rules for legal and equitable remedies, injunctions, damages, restitution, rescission, reformation, and specific performance. Explains how remedies are used for injuries to realty, personal property and money, personal interests, misrepresentation, mistake, duress, and breach of contract. Also addresses restitution for unenforceable contracts.




Judicial Process in a Nutshell


Book Description

Sources of Judicial Power; Craftmanship; Common Law Adjudication; The Goals; Precedent; Judicial Lawmaking; Changing the Common Law; Statutory Interpretation; Understanding the Task; Understanding the Statute; More on Understanding; Subsequent Developments; Constitutional Interpretation; Background; Case for Originalism; A Middle Way?; Constitution and Precedent.




Administrative Law and Process in a Nutshell


Book Description

Delegation of Authority to Agencies; Political Controls Over Agency Action; Scope of Judicial Review; Acquiring and Disclosing Information; Informal Administrative Process; Procedural Due Process; Formal Adjudications; Procedural Shortcuts; Rules and Rule Making; Obtaining Judicial Review.







Legal Negotiation in a Nutshell


Book Description

Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.