Unclean hands. A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. Historically, the doctrine of unclean hands can be traced as far back as the Fourth Lateran Council. Relation to equitable remedies[edit] Equity courts realized that such extraordinary remedies were only justified in extraordinary cases, and would generally not grant such a remedy where damages were sufficient to make the plaintiff whole. For example, if a car dealership broke a contract of sale and refused to deliver a particular car, which now could only be obtained for $10,000 more than what the plaintiff was willing to pay, the courts would merely award the plaintiff $10,000 (in addition to the original amount paid, if it had already been paid).
See also[edit] References[edit] Motion (legal) FILED Federal Motion upon attorney Charles Luckey McDowell (Texas Bar Card Number: 24034565) and Baker Botts for Criminal Sanctions ExtortionEavesdropping case: Yorkville Advisors LLC V COBALIS In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case.[1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party.
The party opposing the motion is the nonmovant or nonmoving party. How motions are made[edit] Motions may be made in the form of an oral request in open court, which is then summarily granted or denied orally. Either way, the nonmovant usually has the opportunity to file and serve opposition papers. Types of motions[edit] U.S. federal courts[edit] Trial. Types of trial divided by the finder of fact[edit] Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. An appellate proceeding is also generally not deemed a trial, because such proceedings are usually restricted to review of the evidence presented before the trial court, and do not permit the introduction of new evidence.
Types of trial divided by the type of dispute[edit] Trials can also be divided by the type of dispute at issue. Criminal trial[edit] The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834. A criminal trial is designed to resolve accusations brought (usually by a government) against a person accused of a crime. Civil trial[edit] Administrative hearing and trial[edit] Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. Hearing (law) In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.[1] Reduction to practice.
In United States patent law, the reduction to practice is a concept meaning the embodiment of the concept of an invention. The date of this embodiment is critical to the determination of priority between inventors in an interference proceeding. Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice. " Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1376 (Fed. Cir. 1986) (quoting 1 Robinson On Patents 532 (1890). The embodiment of an invention can either be: Actual reduction to practice: "[R]equires that the claimed invention work for its intended purpose. " Some types of evidence[edit] In addition to inventor's notebook, several additional kinds of evidence can be used to establish an earlier priority date. Working model[edit] A "working model" is usually a strong evidence to demonstrate actual reduction to practice.
Disclosure Document Program[edit]