The trial court decided no due process violation occurred and the plaintiff was at fault. Issues presented: Was Speelman’s substansive and procedural due process violated‚ as well as her right to a preliminary injunction? Holding: Speelman should have been granted a preliminary injunction‚ and her substansive and procedural due process was indeed
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International Commercial Arbitration “Whether Role of National Court Undermine International Arbitration” Final Draft for IXth semester submitted to the Asst. Proff. of Law‚ Mr. P. Kundu‚ Dr. Ram Manohar Lohiya National Law University‚ Lucknow‚ In Partial Fulfillment of the requirements for the B.A. LL.B.(Hons.)Course 2012-2013. 2012 Arpit Shrivastava Roll No.: 29 International Commercial Arbitration “Whether Role of National Court Undermine International Arbitration” Final Draft
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The Triangle Fire was a horrible event which caused deaths of workers who were working at the Triangle Shirtwaist Factory. This factory was a sweatshop. A sweatshop was a place where people worked for long hours with low pay‚ and they worked in very poor conditions. People who worked here were there for the money that they needed. They were immigrants‚ young women‚ and children. They may have been doing this to support their family. Poor conditions and a few other things caused many deaths in this
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THE SPECIFIC RELIEF ACT‚ 1877(ACT NO. I OF 1877). [7th February‚ 1877] 1 An Act to define and amend the law relating to certain kinds of Specific Relief. Preamble WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- PART IPRELIMINARY Short title 1. This Act may be called the Specific Relief Act‚ 1877. Local Extent It extends to the
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proceedings of the common law courts. Plaintiffs unable to obtain access to the three common law courts would turn for help to the Chancellor. Moreover‚ the Chancellor developed several remedies which were not available in other courts‚ most notably injunction‚ specific performance‚ recessions and
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1.0 Introduction The common law courts only provided the remedy of damages‚ which in some cases was an inappropriate remedy. The writ system was also slow to respond to new types of action and had many "loopholes". (Keenan‚ 1993) This weakness in the common law system lead to the development of equity. (Kelly‚ 2002) Ways in which the law of equity supplements the common law will be further discussed in this assignment. 2.0 Common Law Prior to the Norman Conquest of England in 1066‚ there was no
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FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law
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property‚ in order to build homes. Under the provisions of the Clean Water Act‚ the Army Corps of Engineers (petitioner on behalf of the U.S.) felt that RBH should not be permitted to do so and filed suit in Federal District Court‚ seeking an immediate injunction in order to prevent the continuation of this project. The COE felt that the land owned by RBH was subject to jurisdiction under the Clean Water Act because of its adjacency to navigable water‚ and therefore (under section 404(a) of the CWA) required
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between Roche and Cipla over Roche’s patent for the anticancer drug ‘erlotinib’‚ sold by Roche as ’Tarceva’. On 24 April 2009‚ the Division bench of the Delhi High Court dismissed Roche’s appeal against the refusal of a single judge to grant an injunction restraining Cipla from manufacturing‚ offering for sale‚ selling and exporting its generic version of ‘erlotinib’. Both Roche and Cipla drugs are based on a compound that goes by the name of ’Erlotinib Hydrochloride‘. This case is regarded as a
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Damages to property 2. Interference to personal comfort Remedy for nuisance is commonly monetary damages. An injunction or abatement may also be applied under certain circumstances. An injunction orders from the court is used to order the defendant to stop‚ remove‚ restrain or restrict a nuisance or abandon plans for a threatened nuisance. Injunction is a drastic solution‚ used only when damage is permanent and is not satisfactorily compensable only to monetary damages. The function
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