Search Results for: RULE, THE

equitable remedy

A remedy, usu. a nonmonetary one such as an injunction or specific performance, obtained when available legal remedies, usu. monetary damages, cannot adequately redress the injury. • Historically, an equitable remedy was available only from a court of equity. — Also termed equitable relief. See IRREPARABLE-INJURY RULE. [Cases: Injunction 17; Specific Performance 1. C.J.S. Injunctions […]

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duplicate

duplicate (d[y]oo-pli-kit), n. 1. A reproduction of an original document having the same particulars and effect as the original. See Fed. R. Evid. 101(4). 2. A new original, made to replace an instrument that is lost or destroyed. — Also termed (in sense 2) duplicate original. [Cases: Criminal Law 399; Evidence 173. C.J.S. Evidence §§

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praesumptio

praesumptio (pri-z[schwa]mp-shee-oh), n. [Latin] A presumption. Pl. praesumptiones (pri-z[schwa]mp-shee-oh-neez). praesumptio fortior (pri-z[schwa]mp-shee-oh for-shee-[schwa]r or -or). [Latin] A strong presumption (of fact); a presumption strong enough to shift the burden of proof to the opposing party. praesumptio hominis (pri-z[schwa]mp-shee-oh hom-[schwa]-nis). [Latin] The presumption of an individual; that is, a natural presumption unfettered by rules. praesumptio juris

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