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Simple English definitions for legal terms

death-knell doctrine

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A quick definition of death-knell doctrine:

Death-Knell Doctrine: A rule that allows an appeal before a final judgment if waiting for the final judgment would harm the appellant's rights. This rule was limited by the U.S. Supreme Court in 1978, but it still applies in some situations. For example, it allows an immediate appeal of the denial of a temporary restraining order when there is nothing left to consider in the trial court.

A more thorough explanation:

The death-knell doctrine is a rule that allows an interlocutory appeal if waiting until final judgment would make the issue on appeal irrelevant and harm the appellant's rights. It is an exception to the final-judgment rule. For example, if a temporary restraining order is denied, the lack of an appeal would leave nothing to be considered in the trial court, so the death-knell doctrine allows an immediate appeal. However, the U.S. Supreme Court limited the doctrine in Coopers & Lybrand v. Livesay, stating that it does not permit an immediate appeal of an order denying class certification.

  • If a company is denied a temporary restraining order to stop a competitor from using their patented technology, the death-knell doctrine would allow an immediate appeal to prevent irreparable harm to the company's rights.
  • However, if a court denies class certification for a lawsuit against a company, the death-knell doctrine does not apply, and the company must wait until final judgment to appeal.

These examples illustrate how the death-knell doctrine allows for immediate appeals in certain situations to prevent irreparable harm to the appellant's rights.

death duty | death warrant

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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