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A cease and desist (also called C & D) is an order or request to halt an activity. The recipient of the cease-and-desist may be an individual or an organization.

The term is used in two different contexts. A cease-and-desist order can be issued by a judge or government authority, and has a well-defined legal meaning. A judge, or justice, is an Official who presides over a Court of law In contrast, a cease-and-desist letter can be sent by anyone, although typically they are drafted by a lawyer. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person

Contents

Court order

A judge may issue a cease-and-desist order with the intent to halt an illegal activity. A judge, or justice, is an Official who presides over a Court of law A court order (or court ruling) is an official proclamation by a Judge (or panel of judges that defines the legal relationships between the parties to a hearing This prohibition is sometimes used as the outcome of a trial, in which case it is a permanent injunction against the activity. An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from It can also be used as an emergency measure to prevent possibly irreparable harm, in which case it takes the form of a temporary injunction. An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from An injunction against speech issued before it occurs (e. g. preventing a pending publication) is called prior restraint. Prior restraint is a Legal term referring to a Government 's actions that prevent materials from being published

Use by administrative agencies

Many government administrative agencies also have the ability to issue cease-and-desist orders, and frequently use them to halt the sale of unregistered or fraudulent securities, the intent being to stop unsafe banking practices and to enforce licensing statutes. A security is a Fungible, Negotiable instrument representing financial value These orders usually specify a period of time for the recipient of the order to request a hearing. If a hearing is not requested by the recipient in the given time, the cease-and-desist order becomes final and the agency has the ability to enforce its order in a court of law.

Cease-and-desist letters

A cease-and-desist letter is a letter demanding that the recipient refrain from a certain behavior or face legal action. Some types of behaviors that may prompt such letters include:

In the case of stalking and harassment, the letter usually demands that the recipient cease the threatening behavior or face criminal charges. ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates Trademark infringement is a violation of the Exclusive rights attaching to a Trademark without the authorization of the trademark owner or any licensees (provided that

In the case of property and boundary disputes, the letter demands that the recipient cease activity that negatively impacts their neighbors. Some examples include holding loud parties late at night, leaving a dog outside to bark all day, cutting down trees that stand on public or jointly owned land, or building a fence that infringes on someone else's property.

In the case of copyright or trademark infringement, libel, and slander, the letter typically threatens a civil lawsuit if the recipient continues the undesired activity. It is similar in form, although not in function, to a demand letter, which alerts the recipient to a pending claim for money damages, usually as a result of a tort or a breach of contract. A demand letter is letter stating a legal claim (usually drafted by a Lawyer) which makes a demand for Restitution or performance of some obligation owing to the Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Breach of contract is a Legal concept in which a Binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance

In the US, a recipient of a cease-and-desist letter who is placed in a "reasonable apprehension" of litigation may respond through a request for declaratory judgment proceeding in his own jurisdiction. A declaratory judgment is a Judgment of a Court in a Civil case which declares the rights duties or obligations of each party in a Dispute. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority

Criticism

Civil liberties and free speech groups have criticized cease-and-desist letters, pointing out that the letters may be used by wealthy individuals and organizations to silence opponents who are unable or unwilling to engage in an expensive lawsuit, and thus prefer to comply with a cease-and-desist letter (even if it is unjustified). thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. Freedom of speech is the freedom to speak freely without Censorship or Limitation.

See also

External links

Dictionary

cease and desist

-adjective

  1. (law) Demanding that one "ceases and desists from" continuing certain behavior, such as copyright infringement, trademark infringement, slander, or libel.
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