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Business Owner Freedom: Legal & Leadership Updates: IBOs v. Quixtar

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LEGAL DEFINITIONS

LEGAL BRIEF
  1. Legal Brief: A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. (Nolo.com)
  2. Legal Brief: A written, legal argument that conforms to specific court rules in which a lawyer advances the merits of her client's case. A brief usually includes a statement of the questions the lawyer wants the court to consider, the law the court should apply to answer those questions, and an application of law to factual circumstances that the lawyer wants the court to adopt. (Georgetown)
TEMPORARY RESTRAINING ORDER
  1. Temporary Restraining Order (TRO): An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. (Nolo)
  2. Temporary Restraining Order (TRO): An order granted without notice or hearing, demanding the preservation of the status quo until a hearing can be held to determine the propriety of injunctive relief, temporary or permanent. A restraining order is always temporary, since it is granted pending a hearing; hence it is often called a TRO or temporary restraining order (Answers.com)
    Independent Business Owners (IBOs) received a temporary restraining order against Quixtar . under after their divorce hearing.
ESTOPPLE
  1. Estopple: estopple is the doctrine that prevents a person from adopting a position, action, or attitude inconsistent with an earlier position if it would result in an injury to someone else. (Answers.com)
  2. Estopple: The affirmative defense in litigation barring a party from relitigating an issue determined against the party in an earlier action, even where the second action differs significantly from the first one. (legal glossary)
    In law, estoppel is a bar preventing one from making an allegation or a denial that contradicts what one has previously stated as truth.
FIRST AMMENDMENT OF UNITED STATES CONSTITUTION
  1. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (Cornell Law School/Constitution)
    According to the First Amendment, everyone has the right to freedom of religion, speech, press, assembly, and a right to petition the government.
CLASS ACTION
  1. Class Action: A lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common interest. (Answers.com)
  2. Class Action: In law, a class action or a representative action is a procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and/or fact. (Wikipedia)
TRADE ASSOCIATION
  1. Trade Association: An organization that represents the interests of the member firms of an industry (Entrepreneur.com)
  2. Trade Association: a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit and for which no part of net earnings inures to the benefit of any member. (Washington State Legislature)
DISMISSED WITH PREJUDICE
  1. Dismissed With Prejudice: When a case is dismissed for good reason and the judge bars the plaintiff from bringing exact same case to the same judge.. (LectLaw)
TORTIOUS INTERFERENCE
  1. Tortious interference: occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract). (Wikipedia)
  2. Tortious Interference: The causing of harm by disrupting something that belongs to someone else -- for example, interfering a private citizen’s constitutional rights.
INJUNCTION
  1. Injunction: A court order that orders a party to do or refrain from doing a certain act (or acts) as opposed to a money judgment (Law Library)
  2. Injunction: a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing (Legal Glossary)
PRELIMINARY INJUNCTION
  1. Preliminary Injunction: is an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided (Wikipedia)
  2. Preliminary Injunction: A court order prohibiting a party from a specific course of action.
    Mr. Fowler’s preliminary injunction against him was dropped after the court found he was no guilty of money extortion.
MICHIGAN CONSTITUTION ARTICLE 1
  1. Article 1, Section 3, Michigan Constitution: The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances. (Michigan Constitution)
  2. Article 1, Section 5, Michigan Constitution: Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press. (Michigan Constitution)
    According to the Michigan State Constitution Article 1, Sections 3 and 5, all Michigan citizens have the right to peacefully assemble, consult for the common good, petition their government, speak, write express and publish their views freely being responsible for the abuse of that right.
BLATANT FORUM SHOPPING
  1. 1. Blatant forum shopping: The process by which a plaintiff chooses among two or more courts that have the power--technically, the correct jurisdiction and venue--to consider his case. This decision is based on which court is likely to consider the case most favorably. (Nolo)
  2. 2. Blatant forum shopping: forum shopping is there a litigant attempts to find the best jurisdiction or court to try the case most favorably for the litigant. (Legal Definitons)

LITIGANT
  1. Litigant: The process of bringing and pursuing (litigating) a lawsuit. (LectLaw)
  2. Litigant: any lawsuit or other resort to the courts to determine a legal question or matter. (Legal Dictionary)
PLAINTIFF
  1. Plaintiff: The person, corporation or other legal entity that initiates a lawsuit. (Nolo)
  2. Plaintiff: The party that institutes a suit in a court. (Answers.com)
DEFENDANT
  1. Defendant: In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued. (LectLaw)
  2. Defendant: the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution (legal dictionary)
 

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