Legal Meaning of a Remedy

The importance of choosing an appropriate remedy is clear from the following statement. Coercive measures are court orders to compel the defendant to do or refrain from doing anything to the plaintiff. An injunction supported by the contempt power is a kind of coercive measure. When appealing, the court orders the defendant to act in a particular manner or to refrain from doing so. In the event that the accused intentionally disobeys, he or she may be imprisoned, fined or otherwise punished for contempt. A decree for certain services orders the defendant to perform his or her part of a contract after a breach has been established. It is granted only in cases where the subject matter of the contract is unique. In the U.S. legal system, there is a traditional form of redress designed to combat jury bias caused by news stories. The U.S. First Amendment prohibits the government from censoring and restricting free speech, allowing the expanding news media to influence the judicial process.

The close relationship between the media and the judiciary calls into question the Sixth Amendment, which guarantees defendants` right to a fair trial. Procedural remedies are available to prevent the public from interfering with the fairness of a pre-trial trial. In order to minimize the impact of pre-trial publicity, judges have six types of remedies: see-say, change of location, change of coming, continuation, admonition, sequestration. [2] An appeal is a form of judicial enforcement of a legal action arising from successful civil proceedings. Recourse falls into three general categories: Hire the best business lawyers and save up to 60% on legal fees Sometimes, a plaintiff may have legal and fair remedies to resolve personal complaints. In such a case, a claimant may have to exercise a choice of recourse. 1. Preventive and eliminatory products are essentially two designations, namely 1. Those by the action of the party itself or by certain relatives or third parties who are legally authorized to intervene, for example in relation to the person, by self-defence, resistance, escape, rescue and even prison burglary, if the detention is clearly illegal; or in the case of personal property, resistance or representation; or in the event of land ownership, resistance or eviction of an intruder from his home or land, even by force; or by arresting a wrongdoer or by returning and repossessing, taking care not to commit any violent intrusion or breach of the peace; or, in the case of public or private harassment, by reducing or remedying emergency situations or by compensation or retention. The purpose of the restitution application is to restore the claimant to the position he held before the violation of his rights. It is normally measured by the profits of the defendant and not by the losses of the plaintiff, in order to prevent the defendant from being unjustly enriched by the injustice.

The action for restitution may result either in the financial recovery or in the recovery of property. “Recently, a common law lawyer, highly regarded for his legal achievements, reasonable opinions and high practice, indicated that there was no legal remedy against a married woman who, having a substantial separate estate, had teamed up with her husband in a promissory note for X2500 for a debt owed by her husband because he believed that a married woman`s contract is absolutely void and refers to a decision to that effect, without knowing or forgetting that, in such circumstances, the payment of the separate estate could have been enforced on an equitable basis. And subsequently, a highly respected lawyer in the same case also wrongly pointed out that the remedy was fair, even though it appeared on the front of the case because it was said at the time that after the death of her husband, the wife had promised to pay in exchange for clemency, and on this promise, She could have been arrested and prosecuted. If the common law lawyer had properly advised the equitable proceedings, or if the fairness lawyer had recommended the arrest procedure to the court, the promise would have paid the entire debt on the husband`s death. But on this last opinion, an invoice was submitted to the registry, and so much time elapsed before the decree that a large part of the property was wasted and the woman fled with the rest in France, and the creditor thus completely lost his debt, which would have been confiscated if the correct procedure had been initiated in first or even second instance. This is one of many, many cases that occur almost daily, illustrating the consequences of not having at least a general knowledge of all areas of law. “Legal Remedies”. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20remedy.

Retrieved 14 January 2022. The pre-trial audience may reduce the effectiveness of the jury, e.g. by presenting incriminating information or inciting blind emotions that significantly influence the outcome of the processes and affect their fairness. [11] With the development of technology, the dissemination of mass media makes legal information more accessible and therefore poses a greater threat to the judicial process. Litigation remedies are designed for judges to mitigate the public`s impact before trial without violating the freedom of expression of the press. [2] The distinction between judicial remedies and equitable remedies originally arose because the courts only had the power to grant remedies, while the courts provided fair remedies to administer justice in situations where there was insufficient money. The courts and the fair courts have merged, but the distinction still has some importance, because in a number of courts a jury trial is granted or denied, depending on whether the remedy sought is legal or fair. If an appeal is filed, the plaintiff is entitled to a jury trial, but this is not the case if equitable relief is sought. The right of appeal relates to the nature and extent of the legal protection to which a person who has brought an action is entitled once the relevant judicial procedure has been followed and has proved that he or she has a substantive right that has been violated by the defendant. In English and American jurisprudence, there is a legal maxim (though it is sometimes honored in violation) that there is a remedy for every right; Where there is no recourse, there is no right. That is, the legislature purports to provide appropriate legal remedies to protect rights.

This legal maxim was first enunciated by William Blackstone: “It is a firm and immutable principle in the laws of England that every right, if denied, must have a remedy, and every violation its proper remedy.” [3] [4] With the United Kingdom and the United States, reparation is a concept widely used in the legal systems of a large number of countries, although approached differently. [5] Courts design equitable remedies to ensure justice in certain situations where money does not provide full reparation to those injured. Injunctions, benefit orders, declaratory judgments and implied trusts are typical examples of certain types of just remedies. Restitution will be considered a legal or equitable remedy, depending on the type of property returned. Because of their historical origins, monetary damages are often referred to as remedies, while coercive and declaratory remedies are called equitable remedies. A remedy is the means by which a court enforces a right, imposes a penalty or makes another court order to enforce its will. This is the way in which a plaintiff can assert his right and be compensated by a defendant for a breach by a court. An injured party seeks adequate compensation for its damage, the remedy means a sum of money in the event that an injured party seeks reasonable compensation for its damage. Remedies in the form of monetary remedies are generally used in cases of breach of contract, personal injury or proven harassment in the workplace.