* The constitution of the United States declares that full faith and credit shall be given in each state to the records and judicial proceedings of every other state, and provides that Congress may prescribe the mode of proving such records and proceedings, and the effect thereof. Though these are damages in name only and not at all compensatory, they are nevertheless awarded as a formal vindication of plaintiff’s legal right to compensation which has not been given a sufficiently certain monetary valuation. Rigas v. Livingston Where it appears, by affidavit, that the defendant, during the pendency of the action, is doing, or procuring, or suffering to be done, or threatens, or is about to do, or to procure, or suffer to be done, an act, in violation of the plaintiff’s rights, respecting the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom. -Damages are not measured by what the defaulting party saved by the breach, but by the natural and probable consequences of the breach to the plaintiff. -Substantial damages should be awarded only to compensate actual injury or, in the case of exemplary or punitive damages, to deter or punish malicious deprivations of rights. * Under the Younger doctrine, absent extraordinary circumstances federal courts should not enjoin pending state criminal prosecutions. It is, then, impossible to doubt that the injunction was well granted, and the whole question would be free from difficulty but for one peculiarity in the case, the action is brought in Ireland, and the interposition of this court is sought to stop proceedings there. If the vehicle is totally destroyed as an instrument of conveyance or if, because parts are unavailable or for some other special reason, repairs would be so long delayed as to be improvident, the plaintiff must purchase another vehicle. The court will examine into all the circumstances of the case, and, if it is apparent that the relief sought is disproportional to the nature and extent of the injury sustained, or likely to be, the court will not interfere but will leave the parties to seek some other remedies. Burgess v. Shampooch Pet Industries Inc. These issues must be considered with reference to the nature of the interests protected by the particular constitutional right in question. A person is entitled to compensation for the lost capacity to earn, whether he chooses to exercise it or not. An absolute certainty as to the amount of the damages is not essential when the existence of such a loss has been established. 0000073457 00000 n Laches operates when a party has 1) unreasonably delayed assertion of their rights so that 2) there is prejudice to the other party. While the sliding scale approach has been framed in mathematical terms, it is more properly characterized as subjective and intuitive, one which permits district courts to weigh the competing considerations and mold appropriate relief. The summary contempt exception to the normal due process requirements, such as a hearing, counsel, and the opportunity to call witnesses, includes only charges of misconduct, in open court, in the presence of the judge, which disturbs the court’s business, where all of the essential elements of the misconduct are under the eye of the court, are actually observed by the court, and where immediate punishment is essential to prevent “demoralization of the court’s authority” before the public. v. Jenkins, 515 U. S. 70 Relevant Remedies Rules A desegregation remedy is necessarily designed, as all remedies are, to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct. Coyne-Delany Co. v. Capital Dev. -The general rule is that a decision of a supreme court is to be retrospective in its operation. Lindsey v. Clark, 193 Va. 522 Relevant Remedies Rules He who seeks the aid of an equity court subjects himself to the imposition of such terms as the settled principles of equity require, and that whatever be the nature of the controversy between the parties, and whatever be the nature of the remedy demanded, the court will not confer its equitable relief on the party seeking its interposition and aid, unless he has acknowledged and conceded, or will admit and provide for, all the equitable rights, claims, and demands justly belonging to the adversary party, and growing out of, or necessarily involved in, the subject matter of the controversy. Those equities should take into account the gravity and wilfulness of the violation, as well as the potential harm to the defendants. The district court’s discretion in that context is necessarily broad and a strong showing of abuse must be made to reverse it. It can encompass conduct not barred by the statute. A child has the right to recover damages for the loss of companionship and society resulting from the death of a parent. TERRITORIAL LIMITS ON THE EQUITY POWERS OF COURTS Alpern v. Coe, 352 Pa. 208 Relevant Remedies Rules * In general, a court may adjudicate in rem or quasi in rem with respect to lands lying within its jurisdiction even though not all of the defendants are within the jurisdiction. United States v. Hall A court of equity has the power to issue an order to preserve the status quo in order to protect its ability to render judgment in a case over which it might have jurisdiction. Hagerty v. L&L Marine Services Inc. A tortious cause of action accrues when the victim suffers harm caused by the defendant’s wrong. Relevant Remedies Rules Injunction – Injunction restraining person within jurisdiction from bringing in foreign country proceedings invalid by English law. Where the trespass is physically permanent or likely to continue indefinitely, it is apt to be deemed permanent. ... Much more than documents. The extraordinary nature of injunctive relief requires that the harm complained of is occurring or will occur if the injunction is not granted. The victim is then entitled to sue for his damages, past and present, as well as his probable future damages, and limitation also begins to run on the time within which suit may be instituted. Courts have inherent power to provide themselves with appropriate instruments required for the performance of their duties. -One who was not a party to the proceeding, and who has acquired no rights from any of the parties defendant pendente lite, is not guilty of a breach of injunction by exercising a right which belonged to him before the suit. But, the term “illegal votes” refers not to fraudulently altered ballots, but to votes cast by persons not privileged to vote and votes not entitled to be counted because not cast in the manner provided by law. But in keeping with the characteristic flexibility of equitable remedies, they have never been absolutely prohibited.
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