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Encyclopedia > Judicial remedy

In law, a Judicial remedy is the means by which a court, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order. In Commonwealth common law jurisdictions and related jurisdictions (eg. the US), the law of remedies distinguishes between a legal remedy (eg. a specific amount of monetary damages) and an equitable remedy (eg. injunctive relief or specific performance). Another type of remedy is declaratory relief, where a court determines the rights of the parties to an action without awarding damages or ordering equitable relief. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... This article is about courts of law. ... Civil law has at least three meanings. ... For the direction right, see left and right or starboard. ... A penalty is a punishment: a legal sentence, e. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorises the carrying out of certain steps by one or more parties to a case. ... The English noun Commonwealth dates originally from the fifteenth century and in different contexts indicates one of: a nation, state or political unit a state founded on law by agreement of the people for the common good a republic a federated union of constituent states. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Damages, in law has two different meanings. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... In the law of remedies, a specific performance is a demand of a party to perform a specific act. ... Declaratory relief is a judges determination (called a declaratory judgment) of the parties rights under a contract or a statute, often requested (and highly desired) in a lawsuit over a contract. ...


Legal remedy

mandumus certiorari prohibition


Equitable remedy

See also


  Results from FactBites:
 
FLORIDA'S SUPREME COURT (975 words)
Judicial activism can occur at any stage in the judiciary's handling of a case, and the FSC provides us with textbook examples of activism at all three stages in its disposition of the Florida presidential election disputes.
For example, as asserted by FSC Justice Harding in his dissent in the second FSC case, "at the trial stage, the [Democratic appellants in the second case] failed to carry their requisite burden of proof and thus are not entitled to relief." FSC should have affirmed this finding.
In its first decision, the FSC's remedy was to extend the deadline for votes to be filed with the state to November 26 (beyond the statutory deadline).
  More results at FactBites »

 
 

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