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Simple English definitions for legal terms
mixed action
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A quick definition of mixed action:
Mixed action is a term used in law that refers to a type of legal proceeding where both legal and equitable claims are made. In simpler terms, it means that a person is asking for both money and something else, like an injunction or specific performance. It's like asking for two things at once. This type of action can be complicated and may require different types of evidence to support each claim.A more thorough explanation:
Definition: Mixed action is a legal term that refers to a type of legal proceeding that involves both legal and equitable claims. It is a combination of an action in equity and an action at law.
Example: A common example of a mixed action is a lawsuit that involves both a claim for monetary damages and a request for an injunction to stop a particular action. For instance, if a company is accused of stealing trade secrets from a competitor, the competitor may file a mixed action lawsuit seeking both monetary damages and an injunction to prevent the company from using the stolen trade secrets.
This example illustrates how a mixed action involves both legal and equitable claims. The legal claim seeks monetary damages, while the equitable claim seeks an injunction to prevent future harm.