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Monday, February 13, 2023

02-13-2023-0127 - Cease and Desist, Eminent Domain, Rail Transport, Interim Order, Rest Order USA INT, etc.

A restraining order or protective order,[a] is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.

Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court.
Burden of proof and misuse

The standard of proof required to obtain a restraining order can vary from jurisdiction to jurisdiction, but it is generally lower than the standard of beyond a reasonable doubt required in criminal trials. Many US states—such as Oregon and Pennsylvania—use a standard of preponderance of the evidence. Other states use different standards, such as Wisconsin, which require that restraining orders be based on "reasonable grounds".[5]
United StatesFederal law requires that all states give "full faith and credit" to every portion of a restraining order issued by any state provided that certain minimum due process requirements are met.[23] Thus a state with very lax standards for issuing a restraining order may enter such a protective order, and every state and federal territory would be required to adhere to every provision.[6] Federal law prohibits any person who is subject to a state protective order from possessing a firearm,[24] provided that the protected party is an intimate partner, meaning a spouse or former spouse, or a person with whom the protected party has had a child.[25] Violating a restraining order is a deportable offense.

https://en.wikipedia.org/wiki/Restraining_order

The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one". Therefore, to ensure that none of the interests of the parties to the litigation are harmed, the court may issue an interim order.

Interim orders issued by the court may be of various kinds. The nature of the order essentially depends on the direction issued by the Court. Some examples of court orders classified as interim orders include: Restraining orders (also called Injunction), which are issued to stop either party from acting in a particular manner during the pendency of the civil action. These are essentially issued by the court to prevent situations in which either party may suffer harm because the other party did/continued an act which was the matter in issue; and
Directive orders, which are issued to direct either party to continue to act in a particular manner until the conclusion of the trial or until further orders are issued. Directive orders may be issued if the non-continuation of the act would cause harm to the other party.

In public international law, the "rough equivalent"[1] of an interim order is a provisional measure of protection, which can be "indicated" by the International Court of Justice.[1]

https://en.wikipedia.org/wiki/Interim_order

A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued.[1][2] When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement",[3] is most appropriately called a "cease and desist order".
Usage for intellectual property

Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape".[2] The holder of an intellectual property right such as a copyrighted work, a trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holders' rights, identity, and intentions to enforce the rights". The letter may merely contain a licensing offer or may be an explicit threat of a lawsuit. A cease and desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.[2]

https://en.wikipedia.org/wiki/Cease_and_desist

The clameur de haro (French pronunciation: ​[klamœʁ də aʁo]) is an ancient legal injunction of restraint employed by a person who believes they are being wronged by another at that moment. It survives as a fully enforceable law to this day in the legal systems of Jersey and Guernsey, and is used, albeit infrequently, for matters affecting land. 

https://en.wikipedia.org/wiki/Clameur_de_haro

Eminent domain (United States, Philippines), land acquisition (India, Malaysia,[1][2] Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Canada, South Africa) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose.[3] This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.[4] 

https://en.wikipedia.org/wiki/Eminent_domain

https://en.wikipedia.org/wiki/Rail_transport

https://en.wikipedia.org/wiki/departure

 

 

 

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