Judicial Remedies

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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

Read the full lesson, free

This video's complete written lesson is free to read in the CertFuel app, no signup wall. When you're ready to drill the topic, the full Series 63 course adds adaptive practice questions and spaced-repetition flashcards.

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