Alabama Civ. Litigation

Front 1

TRO

Back 1

1. Injunctive Relief
2. Notice to party, or reasons why not
3. Irreparable harm
4. 10 day-except in Dom.

Front 2

Preliminary Injunction

Back 2

1. NO adequate rem at law
2. Sub. likelyhood of prevailing
3. Injury outweighs harm
4. Will not harm public interest

Front 3

Cov. Not to compete

Back 3

1. protectable interest
2. restriction reasonably related to interest
3.

Front 4

Cov. Not to Compete

Back 4

1. Employer has protectable int.
2. Restriction reasonable related to Interest
3. Restriction to duration and Geo scope
4. no undue hardship on party bound
5. public not harmed

Front 5

Declaratory judgement

Back 5

Declares rights, duties, or obligations of parties in relation to each other.

Front 6

Grounds for Reformation

Back 6

1. Fraud
2. Mutual mistake of parties
3. Mistake by one, where other knew
4. K doesn't express true intent of parties

Front 7

Requirements for Reformation

Back 7

1. K free of defects that would render it voidable
2. Agreement is embodied in a writing, and
3. Writing fails to express accurately the agreement of the parties.

Front 8

Replevin

Back 8

1. Plaintiff take immediate possession
2. affidavit
3. Hearing
4. Bond

Front 9

Attachement

Back 9

Post judgement remedy used to collect a monetary judgement

Front 10

To impose a Constructive Trust

Back 10

1. D has legal title that rightfully belong to client
2. Confidential relationship
3. Retention would result in unjust enrichment.

Front 11

Equitable Lien Created by

Back 11

1. written K showing intent to charge Prop with a debt or obligation, or
2. Court's order in equity when necessary to prevent unjust enrich