Contempt Civil or criminal Civil Coercive or compensatory Judge hearing for civil rather than protections of criminal (jury,

, beyond reasonable doubt) Coercive looks a lot like criminal contempt (where most of confusion happens) b/c someone is sitting in jail, sometimes for a very long time. Its not a punishment so long as the coercive effect is there. i.e. you have to pay $500/day until you abide (civil) vs. you pay $500 flat. If the person being held in jail or pay a civil fine can demonstrate the defense that they cannot be coerced, they can still be punished under criminal contempt whereby criminal procedures apply. Have a back to back hearing for civil coercive contempt and then criminal contempt. Compensatory (a) exactly how amount is being determined / way of calculating and (b) how sanction is to be administered so that P really is the one benefitting (rather than the govt). Criminal Direct or indirect (petty or serious) Trudeau not coercive and not compensatory contempt. Modification of consent order (no infomercials that misstate your book in misleading way). FTC argues that it was a modification of the original agreement. D must have notice to modify the consent order. Whole different proceeding to modify consent order. Court can modify when the order is not working. If circumstances have changed, then can ask court to modify. Look, you entered this injunction against us, weve done it for a while and now it should be over. Usually done by the Ds b/c Ps would normally just run to the court, point out that not being followed, and hold D in contempt. Trudeau II The SC has said that summary contempt is reserved for exceptional circumstances which include acts threatening the judge or disrupting a hearing or obstructing court proceedings. Absent those circumstances, the judge should proceed under Rule 42as procedures. For ER, it must interfere with the court proceedings (which pretty much is a proxy for the presence). The SC has indicated that the power of summary contempt is limited to cases in which immediate punishment is essential to prevent demoralization of the courts authority before the public, and that before the drastic procedures of the summary contempt power may be invoked to replace the protections of ordinary constitutional procedures there must be an actual obstruction of justice. The judge can appropriately be the fact-finder when the judge actually sees the contempt happening. Judge says that the emails were in front of him and therefore is within his presence. But the court rejects this argument and rejects expansion of the term to encompass the virtual presence of the court. Must be in the judges presence, by hearing or seeing the contempt. Judge didnt see D asking the audience to email the judge; only saw the resulting emails. Summary Contempt requires a nexus between the urgency of the situation and the need for immediate punishment. Collateral Bar Rule One who disobeys an injunctive order that is later reversed on appeal for error may be held in criminal contempt for the disobedience in spite of the reversal. The rule prevents a litigant from attacking the validity of an injunction in the collateral matter of a defense to a criminal prosecution. The appropriate course of action suggested by the CBR is a direct appeal of the order granting the injunction. Two exceptions: 1. Court lacks jdx over controversy 2. Injunction is transparently invalid or having only a frivolous pretense to validity. Courts only have jdx to hold a third party in contempt for violating a court order if there is a hearing/closely connected in concert.