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LSDefine
Simple English definitions for legal terms
practical finality
Read a random definition: positivistic jurisprudence
A quick definition of practical finality:
Practical finality: When a court order says that something has to be given to someone right away, and if the losing party doesn't do it, they will be in big trouble. This means that the losing party can't wait to appeal the decision because it would cause too much harm. This is an exception to the usual rule that says you can't appeal a decision until the case is over.
A more thorough explanation:
Definition: Practical finality refers to a situation where a court order requires immediate delivery of physical property, which could cause irreparable harm to the losing party if an immediate appeal is not possible. It is an exception to the general rule that interlocutory orders are not appealable.
Example: Suppose a court orders a landlord to immediately return a tenant's security deposit, which the landlord has wrongfully withheld. If the landlord is required to comply with the order, but believes it is incorrect, they may appeal the decision. However, if the appeal process takes too long, the tenant may suffer irreparable harm, such as being unable to pay for a new apartment. In this case, practical finality would allow the landlord to appeal the decision immediately, rather than waiting for the entire appeal process to conclude.
This example illustrates how practical finality can be used to prevent irreparable harm to a party while still allowing for the possibility of appeal.