The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

The Ratio for the Importance of Legal Questions


An aphorism attributed to Edward Jacob QC:

The importance of questions was in this ratio: first, costs; second, pleading; and third, very far behind, the merits of the case.

That's quoted in Ben Kremer, The Origin of the Usual Undertaking as to Damages When Obtaining Interlocutory Injunctive Relief, 17 J. Equity 211, 225 (2024). Kremer's paper is outstanding and shows the history and normative basis for injunction bonds. And if you aren't reading the Journal of Equity, you should be!