Download or read book Rights Wrongs and Injustices written by Stephen A. Smith and published by Oxford University Press. This book was released on 2019-11-12 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Download or read book Rights Wrongs and Injustices written by Stephen A. Smith and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Rights, Wrongs, and Injustices' is a comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. The text provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content.
Download or read book Common law Pleading written by Alison Reppy and published by . This book was released on 1956 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Code of civil procedure and all remedial law the Probate code the Penal code and the criminal procedure the constitutions and organic acts written by Minnesota and published by . This book was released on 1893 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notes and Cases in Remedial Law written by Salvador N. Moya (II) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedial Law written by Clement E. Vose and published by Univ of Massachusetts Press. This book was released on 1990 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited proceedings of a colloquium held Apr. 24-25, 1987 in honor of Clement E. Vose, at Wesleyan University.
Download or read book The Constitution as a Source of Remedial Law written by Carlos Manuel Vazquez and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Equity's Constitutional Source, Owen W. Gallogly argues that Article III is the source of a constitutional default rule for equitable remedies--specifically, that Article III's vesting of the “judicial Power” “in Equity” empowers federal courts to afford the remedies traditionally afforded by the English Court of Chancery at the time of the Founding, and to develop such remedies in an incremental fashion. This Response questions the current plausibility of locating such a default rule in Article III, since remedies having their source in Article III would be available in federal but not state courts and would apply to state-law claims as well as federal claims. Treating Article III as a source of remedial law would thus conflict with more recent decisions that have become canonical, including Erie Railroad v. Tompkins. Nonetheless, the evidence that Gallogly has amassed in support of the proposed default rule retains substantial current-day relevance. The challenge is to translate the Founders' understanding to our current, very different legal universe. This Response defends a constitutional default rule on remedies, and a concomitant judicial power to develop such remedies, that is (a) binding on state as well as federal courts, and (b) applicable to remedies at law as well as remedies in equity, but (c) applicable only to claims based on federal law. As applied to equitable remedies, Gallogly's constitutional default rule is largely consistent with the status quo. If extended to legal remedies, however, recognition of a constitutional default rule, and a concomitant judicial law-making power, would require a significant, and much needed, rethinking of the Court's current approach.
Download or read book 2 Books in One Volume Remedial Law Legal Judicial Ethics QQRs 2021 Edition Volume 2 written by Dean Poncevic "Vic" M. Ceballos and published by Ceballos Bar Trends Corp.. This book was released on with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains QQRs (Quick Quick Reviewers) and SQQRs (Super Quick Quick Reviewers)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book 2 Books in One Volume Remedial Law Legal Judicial Ethics QQRs 2021 Edition Volume 1 written by Dean Poncevic "Vic" M. Ceballos and published by Ceballos Bar Trends Corp.. This book was released on with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains QQRs (Quick Quick Reviewers) and SQQRs(Super Quick Quick Reviewers) 2021 Edition
Download or read book Remedial Law written by Eleuterio Larisma Bathan and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Inquiry Into the Present State of Remedial Law of Massachusetts written by Luther Stearns Cushing and published by . This book was released on 1837 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Questions and Answers in Remedial Law written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedial Law written by Eleuterio Larisma Bathan and published by . This book was released on 2019 with total page 1093 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Questions answers in remedial law written by Reynaldo U. Agranzamendez and published by . This book was released on 2003 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pre week reviewer in remedial law written by Ed Vincent S. Albano and published by . This book was released on 2017 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedial Law Compendium written by Florenz D. Regalado and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
