Legal remedy
From The Art and Popular Culture Encyclopedia
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A legal remedy, also 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 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 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."
Examples
- Damages, which may include:
- Coercive relief
Categories
- Adequate remedy
- Civil remedy
- Cumulative remedy
- Civil and political rights
- Election of remedies
- Equity
- Equitable remedy
- Extraordinary remedy
- Habeas corpus
- Joinder of remedies
- Provisional remedy
- Remedy over
