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This conversation provides a comprehensive overview of the law of remedies, focusing on the distinctions between legal and equitable remedies. It explores the historical context of law versus equity, the various types of legal damages, and the principles governing equitable relief. The discussion emphasizes the importance of understanding remedies for effective legal practice and offers practical takeaways for law students preparing for exams and future careers.In the complex world of law, understanding the nuances of legal remedies can be daunting. Imagine a scenario where a breach of contract has occurred. What options does the aggrieved party have? This is where the distinction between damages and equitable relief becomes crucial.Damages: Damages are monetary compensations awarded to a party that has suffered loss or injury due to another's actions. As John Doe, a renowned legal expert, puts it, "Damages aim to put the injured party in the position they would have been in had the breach not occurred." This remedy is straightforward and quantifiable, making it a common choice in legal disputes.Equitable Relief: On the other hand, equitable relief involves non-monetary solutions, such as injunctions or specific performance. Jane Smith, a seasoned attorney, explains, "Equitable relief is about fairness and justice, ensuring that the wronged party receives a remedy that truly addresses their unique situation." This type of relief is often sought when monetary compensation is insufficient to rectify the harm done.Understanding the difference between damages and equitable relief is essential for anyone navigating legal challenges. Whether seeking financial compensation or a more tailored solution, knowing your options can make all the difference. Subscribe now to stay informed on legal insights and updates.TakeawaysUnderstanding remedies is crucial for delivering tangible outcomes for clients.Legal remedies primarily involve monetary damages, while equitable remedies focus on fairness and justice.Expectation damages aim to put the plaintiff in the position they would have been in had the contract been performed.Punitive damages serve to punish egregious conduct and deter future wrongdoing.Equitable remedies are discretionary and not granted as a matter of right.Specific performance compels a party to fulfill their contractual obligations as promised.Injunctions can prevent harm and are a powerful tool in equity.Combining legal and equitable claims can provide a comprehensive approach to litigation.The burden of proof for equitable relief is higher than for legal claims.Managing client expectations about remedies is essential for effective legal practice.law of remedies, legal remedies, equitable remedies, damages, specific performance, injunctions, contract law, punitive damages, historical context, law vs equity
In the intricate world of law, the doctrines of preclusion play a pivotal role in ensuring judicial efficiency and fairness. Imagine a world where the same case could be tried repeatedly, leading to inconsistent verdicts and wasted resources. This is where claim preclusion and issue preclusion come into play, acting as gatekeepers to prevent such chaos.Claim Preclusion: Claim preclusion, often referred to as "res judicata," prevents parties from relitigating a case that has already been resolved. Once a court has issued a final judgment on the merits, the same parties cannot bring another lawsuit based on the same claim. As legal scholar John Doe notes, "Claim preclusion ensures that a final judgment is truly final, providing closure to the parties involved."Issue Preclusion: Issue preclusion, or "collateral estoppel," is slightly different. It prevents the re-litigation of specific issues that have already been decided in a previous case, even if the current case involves a different claim. Jane Smith, a renowned legal expert, explains, "Issue preclusion focuses on the specific questions that have been conclusively determined, ensuring consistency across different cases."Understanding these doctrines is crucial for anyone navigating the legal system. They not only uphold the integrity of judicial decisions but also save time and resources. As you delve deeper into the legal landscape, remember the importance of these doctrines in maintaining order and justice.Subscribe Now: Stay informed about the latest legal insights and updates. Subscribe for more in-depth articles and expert analyses.preclusion, issue preclusion, claim preclusion, legal analysis, law school, bar exam, judicial economy, fairness factors, mutuality, non-mutual issue preclusion
Jamie Mackay talks to Mike Petersen, Stefan Vogel, Jane Smith, Mark Leslie, and Shane Jones.See omnystudio.com/listener for privacy information.
We discuss the Ravensdown director election and the state of the red meat industry with a North Otago farmer and award-winning environmentalist. Plus, her recent photo with Damien O'Connor.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Christopher Luxon, Jane Smith, Stefan Vogel, and Rick Ladd.See omnystudio.com/listener for privacy information.
Understanding the Importance of Service of Process in Civil LitigationImagine being sued and not even knowing about it until it's too late. This is where the service of process comes into play, ensuring fairness and transparency in civil litigation. In this post, we'll delve into why this legal procedure is crucial for justice.The Role of Service of Process: Service of process is the procedure by which a party to a lawsuit gives appropriate notice of initial legal action to another party, court, or administrative body. This ensures that the party being sued is aware of the proceedings and has the opportunity to present their case. As legal expert John Doe states, "Without proper service, the entire legal process can be compromised."Ensuring Fairness and Due Process: The service of process is a fundamental aspect of due process, a constitutional guarantee that legal proceedings will be fair. It prevents cases from proceeding without the knowledge of all parties involved, thus safeguarding the rights of the defendant. Jane Smith, a seasoned attorney, emphasizes, "Service of process is not just a formality; it's a critical step in upholding justice."Challenges and Considerations: While the concept is straightforward, executing service of process can be complex, especially in cases involving elusive defendants or international parties. Legal professionals must navigate these challenges to ensure compliance with jurisdictional rules and regulations.Understanding the importance of service of process is essential for anyone involved in civil litigation. It upholds the principles of fairness and transparency, ensuring that justice is served. For more insights into legal procedures, subscribe now to stay informed.
Successful patient advocacy groups often start with a simple but powerful question: What do our patients need that no one else is delivering? The CHES Foundation took this approach head on, turning gaps in care, education, and belonging into innovative, measurable programs for the rare bleeding disorders community.In this episode, host Eric Racine and co-host Jane Smith sit down with Janet Brewer, Co-Founder & Executive Director of the CHES Foundation, to explore how CHES builds solutions that address true unmet needs of patients and caregivers. Janet shares how her personal journey shaped an approach to meet people where they are, listen deeply, and create programs they'll never forget. From launching a unique camp for inhibitor patients and families, to making learning fun through disco bingo trivia at conferences, CHES reimagines how advocacy organizations can educate and empower communities.In this episode you'll find practical insights on how to: Listen to what patients and families really need and turn it into creative, data-driven programs Design experiential education that is memorable and measurableDeliver impact for populations that lack solutions – learning from CHES solutions for children with inhibiters, women and girls with bleeding disorders, and people with ultra rare bleeding disordersContinually improve by acting on program data and community feedback This episode is a powerful look at what happens when education and support is designed not just for patients but with them, offering relevant takeaways for leaders working in any therapeutic area.
Jamie Mackay talks to Farmer Tom Martin, Cameron Bagrie, Dr Jacqueline Rowarth, Emma Higgins, and Jane Smith. See omnystudio.com/listener for privacy information.
North Otago sheep and beef farmer and award-winning environmentalist who can now add ram hogget crutcher to her resume. Today she talks councils, coal and climate change hysteria, plus having a cup of tea with Damien O’Connor and the Greens.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Jane Smith, Blair "Blizzard" McLean, Jo Luxton, and Chris Russell.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Scott Barrett, Mark Warren, Jane Smith, Jen Corkran, and Neville Clark. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Nathan Guy, Jane Smith, Jen Corkran, Brian Johnson, and Phil Duncan.See omnystudio.com/listener for privacy information.
North Otago farmer and former winner of the Ballance Farm Environment Awards. Today we jointly enjoy some outrage over Paris, protests and Net Zero banking. See omnystudio.com/listener for privacy information.
When we think of movies with Hollywood defining legacies, Mr. & Mrs. Smith wouldn't be the first that springs to mind.A fun, comedic mid-2000s action flick, capitalising on the chemistry of its two stunningly beautiful leads; it became the movie that defined a generation of celebrity culture, and sold hundreds of thousands of gossip magazines.But it all could have been very different, had it not been for The Stepford Wives.The film's inception, a chaotic filming schedule that resulted in significant budget overruns, and a constantly changing script pale in comparison to the media circus that followed Brad Pitt and Angelina Jolie, affectionately given the portmanteau 'Brangelina', and how their relationship flourished as they played married assassins; oblivious to each other's secret lives until they're pitted against one another to finish their respective jobs. Not to mention his previous marriage failing at about the same time they were filming this movie - surely it's all a coincidence?Their journey from co-stars to Hollywood power couple to eventually married and sharing six children would not lead to their happily ever after, unlike John and Jane Smith.I would love to hear your thoughts on Mr. & Mrs. Smith (2005) !Verbal Diorama is now an award-winning podcast! Best Movie Podcast in the inaugural Ear Worthy Independent Podcast Awards and was nominated for the Earworm Award at the 2025 Golden Lobes.CONTACT.... Twitter @verbaldiorama Instagram @verbaldiorama Facebook @verbaldiorama Letterboxd @verbaldiorama Email verbaldiorama [at] gmail [dot] com Website verbaldiorama.comSUPPORT VERBAL DIORAMA....Give this podcast a five-star Rate & Review Join the Patreon | Send a Tip ABOUT VERBAL DIORAMAVerbal Diorama is hosted, produced, edited, researched, recorded and marketed by me, Em | This podcast is hosted by Captivate, try it yourself for free. Theme Music: Verbal Diorama Theme Song. Music by Chloe Enticott - Compositions by Chloe. Lyrics by Chloe Enticott (and me!) Production by Ellis Powell-Bevan of Ewenique StudioPatrons: Simon, Laurel, Derek, Cat, Andy, Mike, Luke, Michael, Scott, Brendan, Ian, Lisa, Sam, Jack, Stuart, Nicholas, Zo, Kev, Heather, Danny, Stu, Brett, Philip M, Xenos, Sean, Ryno, Philip K, Adam, Elaine, Kyle and Aaron.This podcast uses the following third-party services for analysis: Podscribe - https://podscribe.com/privacyOP3 - https://op3.dev/privacy
Four Types Of Food That Make You SmellPeople with the rare disorder trimethylaminuria can give off a fishy odor after eating seafood.Vegetables such as broccoli and cabbage contain sulfur that escapes through breath, sweat, and gas.Spices like curry and cumin send volatile oils into the bloodstream, then out through sweat glands, leaving a lingering aroma.Red meat can also boost odor by releasing proteins that react with skin microbes.Biggest Thing Successful Couples DoRelationship expert Jane Smith says that the secret to a happy relationship is simple…and not a surpriseShe believes couples who talk openly and honestly can better understand each other's needs and feelingsShe advises setting aside time each day to talk without distractions, like phones or TV, to build a stronger connectionTiming Your Shower Can Help You SleepTaking a warm shower one to two hours before bed helps your body temperature drop, which signals your brain it's time to sleep. This matches your natural body clock and can help you fall asleep faster and sleep better. Evening showers also have a creative bonus. When your mind is relaxed, you might come up with new ideas or solutions to problems you've been thinking about. If you need better sleep, try warm evening showers. If you want more energy in the morning, cold morning showers work well.Second Date UpdateTori and Evan went for Mediterranean food in Jack London Square. Tori said Evan was sweet, artsy, and “had poet energy.” It really matched her vibe. She thought the date was very sweet and was sure there would be a second date, but Evan has disappeared.
North Otago farmer talks buoyant bull sales, woke commentators talking bull, positivity in agriculture and her family connection to Dame Lisa Carrington.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Dame Lisa Carrington, Jane Smith, Brian Dineen, George Dodson, and Steve Wilkins.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Damien O'Connor, Emma Higgins, Winston Peters, Jane Smith, and Hamish McKay.See omnystudio.com/listener for privacy information.
We let an outspoken North Otago farmer off the chain and she reckons we should be more worried about Global War-ing than Global Warming. We also talk about the Green Party's fiscal folly released yesterday. And we finished by talking bull and a record price for an Angus Black Beauty. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Winston Peters, Jane Smith, Mike McIntyre, and Warwick Catto and Jamie Strang. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Dame Alison Stewart, Dame Catriona Williams, Ben Picton, Christopher Luxon, and Jane Smith. See omnystudio.com/listener for privacy information.
North Otago farmer and award-winning environmentalist supports Luxon’s response to the climate scientists. She also comments on the Federated Farmers Banking Survey.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Christopher Luxon, Jane Smith, Mike McIntyre, Ben Picton, and Phil Duncan.See omnystudio.com/listener for privacy information.
Jamie talks to Jane Smith, Michael Every, Christopher Luxon, and Katie Milne. See omnystudio.com/listener for privacy information.
North Otago farmer and a "Poster Girl" for the Methane Science Accord. Today, she comments on the Ruminant Methane Survey Summary Report released yesterday. And she doesn’t pull any punches over AgriZeroNZ and the Government’s emissions reduction targets. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Tom and Fiona Langford, Jane Smith, Hunter McGregor, Greig Taylor, and Todd Clark.See omnystudio.com/listener for privacy information.
We chat with a North Otago farmer and award-winning environmentalist. She says (from a snow-clad hill) there’s never been a better time for New Zealand to come out of the “Climate Change closet”.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Jane Smith, Michael Harvey, Jeremy Rookes, Chris Russell, and Rowena Duncum.See omnystudio.com/listener for privacy information.
It's the birth of Brangelina, today we're covering Doug Liman's Mr. and Mrs. Smith (2005) starring Angelina Jolie and some man. After five (or six) years of vanilla-wedded bliss, ordinary suburbanites John and Jane Smith are stuck in a huge rut. Unbeknownst to each other, they are both coolly lethal, highly-paid assassins working for rival organisations. When they discover they're each other's next target, their secret lives collide in a spicy, explosive mix of wicked comedy, pent-up passion, nonstop action and high-tech weaponry. (Sourced from Letterboxd) Will Jolie cement her movie star status as Jane Smith? How does one join her all-female spy agency? Who wants to hang out with Vince Vaughn (especially now he's come out as a Trump supporter) and why are there so many threads completely abandoned in this movie?! Join the sultry, action-packed world of the Smiths.
Jamie Mackay talks to David Seymour, Tom Young, Jane Smith, Peter Newbold, and Chris Russell.See omnystudio.com/listener for privacy information.
North Otago farmer and award-winning environmentalist says she’s hearing nothing but the “sounds of silence” from the media on some key issues.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Tim Dangen, Jane Smith, Peter Newbold, Blair Drysdale, and Chris Russell.See omnystudio.com/listener for privacy information.
North Otago farmer and award-winning environmentalist. Today we talk about semen-testing bulls, Trump, the Paris Accord and a ripper of a season - in no particular order. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Todd McClay, Emma Poole, Tim Dangen, Jane Smith, Chris Brandolino, and Barry Soper.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to David Seymour, Dr Jacqueline Rowarth, Ben Picton, Jane Smith, and Todd McClay. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Jerry Buttimer, Jane Smith, Professor Keith Woodford, Winston Peters, and Dean Rabbidge. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Christopher Luxon, Shane McManaway, Maegen Blom, Jack O'Connor, Jane Smith, and Alistair Niven.See omnystudio.com/listener for privacy information.
This North Otago farmer and award-winning environmentalist has been lunching with David Seymour and having dinner with Christopher Luxon. We ask what she makes of fighting climate change by applying basalt rock to our pastures.See omnystudio.com/listener for privacy information.
James Patterson is one of the most popular storytellers of our time. The creator of some of the most popular characters and series in fiction, including Alex Cross, the Women's Murder Club, Jane Smith, and Maximum Ride, he has also written on fascinating true stories from the lives of the Kennedys, John Lennon, and Tiger Woods. As a co-author, he has also written bestselling novels with Bill Clinton, Dolly Parton, and Michael Crichton. In this conversation with David M. Rubenstein, he speaks about his life and prolific career as an iconic American writer. Recorded on January 25, 2025
Jamie Mackay talks to Dr Vaughn Holder, Farmer Tom Martin, Jane Smith, and Shane Jones. See omnystudio.com/listener for privacy information.
Outspoken North Otago farmer and environmentalist follows up on Dr Vaughan Holder's interview where we asked if methane was a "victim or villain". And are farmers being dealt a dud hand when it comes to measuring emissions? She also comments on interest rates, farmer confidence, on-farm conditions, and running her first marathon.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Nicola Willis, Jane Smith, Farmer Tom Martin, and Jim Hopkins.See omnystudio.com/listener for privacy information.
Is a self-described "free range" North Otago farmer, Methane Science Accord founding member, NZ representative Global Farmer Roundtable and Environmentalist who says farmers are aghast at the environmentally-ignorant and economically-inept GHG emissions targets announced by the Coalition Government. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Toby Williams, Prof Julian Paton, Jane Smith, Barry Soper, and Chris Brandolino. See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Damien O'Connor, Michael Every, Shane Jones, and Jane Smith.See omnystudio.com/listener for privacy information.
This North Otago farmer, and award-winning environmentalist, also wades in on woke banks, Pāmu and whether self-shedding sheep will render the strong wool industry redundant.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Shane Jones, Jane Smith, Emma Higgins, Mark Leslie, and Chris Russell.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Shane Jones, Dr Jacqueline Rowarth, Miles Hurrell, Jane Smith, and Sir John Key.See omnystudio.com/listener for privacy information.
Jamie Mackay talks to Christopher Luxon, Miles Hurrell, Jane Smith, Hunter McGregor, and Calvin Leen. See omnystudio.com/listener for privacy information.
On today's episode Rich shows you exactly how to do get inside John or Jane Smith's head and see the world like they do.