Legal Remedy

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A Legal Remedy is a legal action or solution provided by a court to enforce a right, impose a penalty, or make another court order to impose its will.



References

2024a

2024b

  • (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Legal_remedy Retrieved:2024-11-17.
    • A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.

      In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy.

      In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news coverage. The First Amendment of the United States forbids the government from censoring and restraining the freedom of expression, which allows the ever-expanding news media to influence the legal process. The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial. To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire, change of venue, change of veniremen, continuance, admonition, sequestration.

      In English and American jurisprudence, there is a legal maxim (albeit one sometimes honored in the breach) that for every right, there is a remedy; where there is no remedy, there is no right. That is, lawmakers claim to provide appropriate remedies to protect rights. This legal maxim was first enunciated by William Blackstone: "It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress." [1] [2] In addition to the United Kingdom and the United States, legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently.

  1. 1 William Blackstone, Commentaries on the Laws of England 23
  2. See also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 162–163 (1803).

2024c

Because of their historical origins, monetary damages are often referred to as legal remedies while coercive remedies and declaratory remedies are termed equitable remedies.

Plaintiffs can also receive provisional remedies when a court uses its discretionary power to prevent harm to the plaintiff while the plaintiff's rights are still being determined. Such remedies include temporary injunctions, attachments, garnishments, injunctions, attachment proceedings, and garnishment orders.

2022

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An equitable remedy, on the other hand, is a remedy that is granted by a court of equity. Unlike legal remedies, which are typically awarded in the form of damages, equitable remedies are more flexible and are designed to provide a fair and just solution to a dispute. This might include remedies such as an injunction, which is a court order that requires a party to do or refrain from doing something, or specific performance, which is a court order requiring a party to fulfill their obligations under a contract. We discuss injunctions and emergency injunctive relief in our Shareholder Dispute video series and in a blog post about injunctive relief.