Also known as: appropriateness · decorum
Written by attorneys · grounded in primary & secondary sources — see below
A quality of being suitable or appropriate under the circumstances. The determination focuses on whether a legal procedure, remedy, or exercise of authority aligns with governing standards and produces fitting consequences.
Pamela Phillips asked the court to take judicial notice of a publicly recorded deed during a property dispute. The opposing party immediately requested a hearing. The court scheduled argument so both sides could address whether notice was suitable and what facts would be established.
Pearl Porter sought an injunction to stop a neighbor's ongoing noise that interfered with her home use. The court weighed the protected interest in quiet enjoyment against available damages. It concluded an injunction was suitable because monetary relief would not fully address the continuing harm.
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During Pierre Poulin's criminal trial, a witness blurted out inadmissible evidence. The judge considered declaring a mistrial and first invited both the defense and the government to comment. Each side stated its position and proposed alternatives before the court ruled.
Paula Pierce bought land from an estate's personal representative without knowing of any limits on the representative's authority. The sale closed in good faith and for value. A later challenge to the transaction failed because the buyer was protected as though the power had been properly exercised.
Penelope Price sought to enjoin a continuing trespass on her land. The court compared the factors in the Restatement to decide whether an injunction was the right remedy. It granted relief after determining that damages would not adequately protect the interest at stake.
Portia Price requested an injunction to halt repeated flooding caused by a neighbor's grading. The court compared the effects of granting the injunction with the effects of awarding only damages. It found the injunction appropriate because it would prevent ongoing harm more effectively than monetary relief.
A court compares the probable consequences of granting the injunction with the probable consequences of alternative remedies. It also considers the nature of the interest to be protected and any unreasonable delay by the plaintiff. The determination is made at the time of the order or judgment unless special circumstances require otherwise.
Supporting sources
On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes notice before notifying a party, the party may still request a hearing afterward. The court may take notice at any stage of the proceeding.
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The court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether the party consents or objects, and to suggest alternatives. This requirement ensures the parties can address whether the drastic step is suitable under the circumstances.
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A person who in good faith assists or deals with a personal representative for value is protected as if the power was properly exercised. The fact that the person knows the representative is acting does not by itself require inquiry into the existence of the power or the propriety of its exercise.
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…727, 732 (1972)? And what effect did the pendency of criminal abortion charges against Dr. Hallford in state court have upon the propriety of the federal court's granting relief to him as a plaintiff-intervenor? A. Jane Roe. Despite the use of the pseudonym, no suggestion is made that Roe is a fictitious person. For…