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Jurisdiction; Persons Bound; Privity; Aiders & Abettors; Successors; Equity Jurisdiction; Adequate Remedy at Law; Standing; Discretion; Criminal Act; Property Rights; Civil Rights; Privacy; Libel; Useless Act; Unenforceable Order; Vagueness of Order; Clean Hands; Aids the Vigilant; Abstention; Balancing the Equities; Prospective Harm; Public Interest; Temporary Restraining Order; Preliminary Injunction; Mandatory v. Prohibitory; Conditions; Bond; Modifying and Vacating; Appeal; Res Judicata; Comity; Extraterritorial Effect; Enforcement; Contempt.
Delegation of Authority to Agencies; Political Controls Over Agency Action; Scope of Judicial Review; Acquiring and Disclosing Information; Informal Administrative Process; Procedural Due Process; Formal Adjudications; Procedural Shortcuts; Rules and Rule Making; Obtaining Judicial Review.
Cases argued and determined in the Supreme Court of North Carolina.
Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.
Sources of Judicial Power; Craftmanship; Common Law Adjudication; The Goals; Precedent; Judicial Lawmaking; Changing the Common Law; Statutory Interpretation; Understanding the Task; Understanding the Statute; More on Understanding; Subsequent Developments; Constitutional Interpretation; Background; Case for Originalism; A Middle Way?; Constitution and Precedent.
There's an old saying: Ignorance of the law is no excuse for breaking it. Yet for most people
Current Structure of Court Systems; Subject-Matter Jurisdiction; Venue; Personal Jurisdiction; Service of Process; Challenges to Plaintiff's Court Selection; Pleading; Party and Claim Joinder; Discovery; Pretrial Conferences; Summary Judgment; Default Judgment; Voluntary and Involuntary Dismissal; The Trial Process; Jury Trial; Directed Verdicts; Judgments Notwithstanding the Verdict; New Trial Motions; Partial and Conditional New Trials; Relief from Judgments; Securing and Enforcing Judgments; Binding Effect of Judgments; Time for Bringing an Appeal; Mechanics of Appeal; Class Actions; Interpleader; Multidistrict Litigation; Standing, Mootness, and Justiciability; Determining the Governing, Law in Federal Courts; Federal Law in State Courts.
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.