restitution and reformation injunction order to do or not do a particular act

Restitution and reformation injunction order to do or

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restitution and reformation injunction order to do or not do a particular act specific performance ordering one party to perform with terms of contract rescission stop a contract application common law the body of law developed from custom or judicial decision in English and US courts. Judges interpret laws to resolve disputes. case law becomes binding "precedent" Precedent Cases with similar facts should have similar results civil law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters Stare Decisis The common law doctrine that binds an inferior court to follow and apply decisions and interpretations of higher courts when similar cases arise. 10th amendment federalism, "states rights" Checks and balances Each branch has a number of checks on the other two branches Each branch is not independent from another Federal Laws federal rules based on red-rules of evidence. Specific authorization the commerce clause gives congress the power to regulate commerce with foreign nations and among states Preemption right of national law to preclude enforcement of state or local law or regulation State Laws vary from state to state most stringent law is the one that should be followed Privileges and Immunities
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Special rights and exceptions provided by law. substantial reason and essential activity under privileges and immunities clause if a citizen in another state engages in essential activities the foreign state must have a substantial reason for treating the nonresident differently Full faith and credit clause contracts and other kinds of legal agreements have to honored from state to state -Article IV -attempt to avoid citizens from ignoring contracts by moving to another state commerce clause federal laws dormant commerce clause state laws Individual rights The rights guaranteed to all members of American society by the U.S. Constitution, especially those found in the Bill of Rights 2 broad categories of the Bill of Rights protects rights of individual liberty rights of the accused 1st Amendment Religious and Political Freedom Content-neutral laws these law reduces speech, but everyone suffers same reduction (Time/Place/Manner restrictions). Ex: burning of draft card OK, b/c reason for law was not speech-related (draft card law to ensure America has a standing army) 2nd amendment Right for the people to keep and bear arms, as well as to maintain a militia interstate commerce commerce between states Warrants
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