Injunctions

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What this video covers

  • The fundamental distinction between administrative cease and desist orders (issued by the Administrator directly) and judicial injunctions (which require a court petition)
  • The three-step court process: petition, proper showing, and the mandatory "shall grant" language for injunctions, restraining orders, and writs of mandamus
  • Why the Administrator may pursue both a cease and desist order and an injunction simultaneously, with the two remedies not being mutually exclusive
  • The four court-ordered financial remedies: rescission, restitution, disgorgement, and appointment of a receiver or conservator, and why the Administrator alone can never order any of them
  • The zero-dollar bond rule and why the court may not require the Administrator to post a bond when seeking injunctive relief
  • The exam trap of who benefits from the no-bond requirement (the Administrator only, never the defendant)
  • Why "the court shall grant" means mandatory relief, not discretionary, once the Administrator makes a proper showing

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