Everything about Judicial Remedies totally explained
A
legal remedy is the means a
court of law, usually in the exercise of
civil law jurisdiction, enforces a
right, imposes a
penalty, or makes some other
court order to impose its will. In
Commonwealth common law jurisdictions and related jurisdictions (for example the
United States), the law of remedies distinguishes between a legal remedy (for example a specific amount of monetary
damages) and an
equitable remedy (for example
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's a
legal maxim that
for every right, there's a remedy. 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 it’s [sic] proper redress." 1 William Blackstone,
Commentaries on the Laws of England 23.
See also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 162-163 (1803).
Examples of legal remedies
Categories of remedies
Adequate remedy
Civil remedy
Cumulative remedy
Equity
Equitable remedy
Extraordinary remedy
Joiner of remedies
Provisional remedy
Remedy over
Further Information
Get more info on 'Judicial Remedies'.
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