60-80 Flashcards
Criminal Contempt
Form of contempt when there is no other option. Jail sentence and fine are set, and if imprisoned more than 6 months, the defendant is entitled to a jury.
Erroneous Orders
Orders that must be obeyed until reversed.
Void Orders
Orders that do not have to be obeyed unless the injunction is to maintain status quo.
Statute of Limitations
Damages will not be awarded if action is not brought within a certain period of time.
Changed Circumstances
Defendant won’t have to make restitution /if circumstances have changed/ and the benefit was lost, destroyed, or damaged,/ and he no longer has it or it’s equivalent.
Defense of Hardship
When forcing a breaching party to perform creates a severe hardship.
Laches
Relief is denied /if there is an unreasonable delay asserting a claim/ and delay results in prejudice to other party.
Unclean Hands
A person seeking equitable relief must not himself be guilty of wrongful conduct.
Bona Fide Purchaser
One whom pays value without notice or facts.
Volunteer Defense
1) Person confers a benefit to another not required by contract or legal duty. 2) The recipient is unjustly enriched and must make restitution unless he was a volunteer.
Bond
Required at preliminary and permanent injuction level and holds plaintiff liable to the defendant for harm caused by the injunction if it is not granted.
