Judicial Remedies
Chapters in this video
What this video covers
- The two remedies the Administrator can pursue directly or request from a court, and why the cease and desist order is strictly administrative
- Why a cease and desist order requires no prior hearing, and how exam writers trap test takers with this exact timing rule
- The difference between injunctive relief the court shall grant (injunction, restraining order, writ of mandamus) and monetary relief the court may grant (receiver, rescission, restitution, disgorgement)
- Why the Administrator is not required to post a bond when seeking injunctive relief, unlike private parties
- The critical rule that any remedy involving money, assets, or legally enjoining behavior requires a court proceeding
- How to spot false answer choices where the Administrator unilaterally grants injunctions or appoints receivers
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