· 8/2/2023
ROBERT TERCIER v. UNIVERSITY OF MIAMI, INC.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining whether law under which judgment was ordered was penal and, therefore, not subject to enforcement in another state
- stating that the strict and primary distinction between a penal and remedial law is whether the wrong done is one to the public or to an individual, and that in many instances where a statute gives accumulative damages to the party grieved, it is not a penal action
- “Laws have no force of themselves beyond the jurisdiction of the State which enacts them, and can have extra-territorial effect only by the comity of other States”
- “Laws have no force of themselves beyond the jurisdiction of the state which enacts them, and can have extraterritorial effect only by the comity of other states”
- hold- ing that §2462 applies to SEC disgorgement claims
- “The question whether a statute of one state ... is a penal law ... depends upon the question whether its purpose is to punish an offense against the public justice of the state, or to afford a private remedy to a person injured by the wrongful act.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.