The power to determine the justiciability of a cause of action under the Fundamental Rights (Enforcement Procedure) Rules lies with the trial judge; the grant of…

The proper approach is to examine the reliefs sought, the grounds for such reliefs, and the facts relied upon; if they disclose that breach of fundamental…

Where the alleged breach of fundamental right is ancillary or incidental to the main grievance (such as wrongful dismissal), it is incompetent to proceed under the…

Under Section 2 of the Sheriffs and Civil Process Law, "judgment" includes an order and "order" includes an injunction, but these are inclusive definitions, not restrictive.

The correct procedure for initiating committal proceedings is to serve a notice in Form 48 followed by a notice in Form 49 if the order remains…

The restriction of enforcement under Section 71 of the Sheriff and Civil Process Law to mandatory orders only is no longer the law; all orders can…

Obedience to court orders is fundamental to the peace and stability of the nation; disobedience is a calculated act of subversion, not merely an affront to…

Disobedience to a court order is contempt; the court has a duty to commit the individual for deliberate failure to carry out the order, as allowing…

Civil contempt consists of disobedience to judgments, orders, or other processes of the court resulting in private injury, as distinct from criminal contempt which interferes with…

An issue raised for the first time on appeal without the leave of court is irrelevant and will be struck out.

The tort of unlawful interference with business requires the use of unlawful means; inducing a breach of contract constitutes unlawful means.

Mutual assent must be outwardly manifested; the test is objective, and a contract arises only when an offer is accepted, bringing the parties ad idem.