courts and procedure

provisional remedies

Provisional remedies are court orders issued before a final judgment to temporarily preserve rights or assets. These remedies are typically sought during the initial stages of a legal proceeding to prevent irreparable harm and require a...

prudence

Prudence is defined as a reasonable standard of judgment, management, and conduct under the circumstances, based on what was known or should have been known at the time a decision was made or the action was completed. Prudence involves a duty...

pseudonym name

A pseudonym name is a false name or identity, usually used in place of the actual name of a plaintiff in a civil case to maintain anonymity. Common examples of pseudonym names in cases are Roe and Doe.

Since the judicial...

public necessity

In tort law, the public necessity defense can be used against charges of trespass or conversion where a defendant reasonably believes interference with a plaintiff’s property is necessary to prevent an imminent emergency situation. The...

punitive damages

Punitive damages, also known as exemplary damages, are the damages awarded separately from the actual damages from an event. Courts generally award punitive damages only when it is determined that the defendant has acted in a particularly...

putative

Putative means presumed, reputed, or supposed: generally accepted but not established.

Putative class actions are representative lawsuits filed by named plaintiffs on behalf of a class seeking class certification under Rule 23 of the...

qua

Qua is Latin for acting in the capacity of, acting as, or in the manner of. After identifying a person, the word "qua" may be added to signify that the rest of the statement pertains to that person acting in the capacity of whatever title or...

qualified immunity

Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or...

qualified witness

A qualified witness is a witness who lays the foundation for the admission of a company's business records into evidence.

This case from the U.S. Bankruptcy Court for the District of Delaware, explains that “‘a qualified...

quantum meruit

Quantum meruit is Latin for "as much as one has deserved." Quantum meruit is an equitable remedy that provides restitution for unjust enrichment, often employed in contract law.

Quantum meruit damages are awarded in an...

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