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A legal remedy (also judicial relief) 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 Commonwealth common law jurisdictions and related jurisdictions (e.g. the United States), 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 is declaratory relief, where a court determines the rights of the parties to an action without awarding damages or ordering equitable relief.

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]

Types of Remedies in American Law[edit]

There are three crucial remedies in the American legal system. One is from the traditional law courts of England, and is seen in the form of a payment of money to the victim. This payment is commonly referred to as damages. Compensatory damages compensate an injured victim or plaintiff, and punitive damages punish someone who because of fraud or intentional conduct, is deemed to deserve punishment. Punitive damages serve the function in civil law that fines do in criminal law.

The second category of remedy comes from the Chancellor of England, commonly called the Chancery Court, or, more commonly, equity. The injunction is a type of equitable remedy,[3] as is specific performance, in which someone who enters into a contract is forced to perform whatever promise has been reneged upon. Two additional equitable remedies are the equitable lien and the constructive trust.

The third broad group is declaratory remedies. Common examples are the declaratory judgment and the action to quiet title, and these remedies usually involve a court's determination of how the law applies to particular facts without any command to the parties.[4] Courts give declaratory remedies about many different kinds of questions, including whether a person has a legal status, who the owner of a property is, whether a statute has a particular meaning, or what the rights are under a contract.[5]

While those are the three basic categories of remedies in American law, there are also a handful of others (such as reformation and rescission, both dealing with contracts whose terms need to be rewritten or undone).

Case-by-case remedies versus announced remedies[edit]

Remedies can be, and in American law usually are, determined case by case, and take into account many different facts including the amount of harm caused to the victim. Remedies can also be determined in advance for an entire class of cases. For example, there can be a fixed fine for all violations of a legal rule, regardless of how much harm was caused in the particular case.[6]

References[edit]

  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).
  3. ^ Douglas Laycock, The Death of the Irreparable Injury Rule (Oxford Univ. Press 1991).
  4. ^ Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review 77: 1275, 1281. 
  5. ^ Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review 77: 1275, 1281. 
  6. ^ Bray, Samuel L. (forthcoming 2012). "Announcing Remedies". Cornell Law Review 97. 

Examples of legal remedies[edit]

Categories of remedies[edit]

External links[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Legal_remedy — Please support Wikipedia.
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232 news items

 
Motor E magazine
Tue, 22 Jul 2014 02:22:30 -0700

Nigel Askew is a 15-year experienced solicitor in Lincoln who promises the best legal remedy to all those who are the victims of personal injuries in the city. Lincoln, England — (SBWIRE) — 07/22/2014 — Despite stringent health and safety related ...
 
Seeking Alpha (registration)
Thu, 24 Jul 2014 10:48:45 -0700

To support his claim, Hudson cites SIGA's argument that "[R]ead in their entirety, the cases PharmAthene relies upon do not support the notion that this Court has unlimited discretion to find a legal remedy is inadequate." Note that no one has ...
 
Seacoastonline.com
Fri, 25 Jul 2014 13:03:45 -0700

Once he learned the PHA couldn't pursue a legal remedy, he focused on making "sure these senior citizens are warm and dry this winter." Welch walked around the building Thursday with a group of contractors considering bidding on the project to replace ...

Bermuda Sun

Bermuda Sun
Fri, 25 Jul 2014 03:42:55 -0700

“It was dishonest to pursue a legal remedy to a problem that you knew going in was legislative.” The OBA have seized upon a telephone poll that surveyed 404 registered Bermudian voters earlier this month as proof that the majority of Bermudians ...

The Hindu

The Hindu
Thu, 24 Jul 2014 22:15:00 -0700

Supreme Court advocate and Aam Admi Party leader H.S. Phoolka has also urged Punjab to seek a legal remedy for its grievance and not ratchet up tensions by provocative action. Mr. Phoolka said, “Filling up Haryana gurdwaras with armed men by the ...
 
Amnesty International
Mon, 21 Jul 2014 05:45:00 -0700

This would have the effect of denying the claimants access to a legal remedy. “The government is really scraping the legal barrel with this latest attempt to dodge accountability for the UK's alleged part in one of the most notorious crimes of the ...
 
Echonetdaily
Thu, 24 Jul 2014 15:54:35 -0700

It must be further noted that constitutional legal remedy is offered should a legal technicality occur within state policy. In other words, the federal legal powers over-ride those of state legal powers concerning rail-ways. Facing the onslaught of non ...

Kansas City infoZine

Kansas City infoZine
Fri, 25 Jul 2014 05:45:00 -0700

"An appropriate legal remedy is to apply the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Palestinians have been victims of genocide by that treaty's definition. In 1993 I won two World Court Orders on the basis of the ...
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