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Also, a demand letter will often generate a denial letter stating the basis for rejecting claim (such as when the incorrect entity is sued [4]), and is sometimes a good indication of what defenses will be raised if a suit is brought later. [5] Demand letters are sometimes used as a form of harassment and/or intimidation.
Any form of restriction which prevents an individual from leaving a place, or where a person's liberty is restricted, can be classified as detention. [ 9 ] In some jurisdictions, individuals may be detained by police for questioning or for the execution of a search of a person, place, or thing. [ 10 ]
Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters must be evaluated, and it should be decided whether to respond to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development ...
The gist of the action was the unlawful detention by the defendant. An example is seen when a borrower might be sued for unlawfully refusing to return a borrowed article. [16] Bracton described an early case of detinue where three pigs were unlawfully detained from a woman.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison ; it was superseded by ...