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Legal remedy
A legal remedy, also referred to as 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 order to compensate for the harm of a wrongful act inflicted upon an individual.
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 action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy.
In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news coverage. The First Amendment of the United States forbids the government from censoring and restraining the freedom of expression, which allows the ever-expanding news media to influence the legal process. The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial. To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire, change of venue, change of veniremen, continuance, admonition, sequestration.
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." In addition to the United Kingdom and the United States, legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently.
There are three crucial categories of judicial remedies in common law systems. The legal remedy originates from the law courts of England and is seen in the form of a payment of money to the victim, commonly referred to as damages or replevin. Damages aim at making up the harm that a breaching party has committed to the victim. In the history of the English legal system, the legal remedy only existed in the form of monetary relief, and therefore the victim must petition through a separate system if the victim wanted other forms of compensation. Although the courtrooms and proceedings have been integrated, the distinction between requests for money versus action is still present. Non-monetary compensation refers to the second category of judicial remedies—equitable remedies. This type of remedy comes from the equitable jurisdiction developed in the English Court of Chancery and Court of Exchequer. Declaratory remedies make up the third category of judicial remedies. Different from the other two categories, declaratory remedies usually involve a court's determination of how the law applies to particular facts without any command to the parties. 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. While these are three basic categories of remedies in common 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).
Compensatory damages are paid directly to the claimant to compensate for loss and injury when the defendant is proven to be liable for breach of duty or committing wrongful acts. In cases where the claimant has suffered ascertainable costs, it is easy to determine the amount of compensatory damages. In other cases where the liability results from the defendant failing to perform a service, it is necessary to calculate compensatory damages by inquiring how much it would cost for a third party to provide the same service. However, the court takes into account when the non-breaching party makes savings or profits because he or she is involuntarily relieved from the responsibilities specified in a broken contract. If the non-breaching party makes gains from alternative arrangements, compensatory damages are equivalent to his or her loss subtracted by the gains made from the substitution.
Consequential damages, also known as special damages, are intended to compensate for the indirect consequences incurred by the defendant and are sanctioned on a case-by-case basis due to their specificity. Lost profits make up a common type of consequential damages in contract laws. When the party breaching a contract causes the plaintiff to lose profits, the money is recoverable if the plaintiff can prove its ascertainment and trace it to the wrongful conduct of the breaching party, which can be extremely difficult. Moreover, legal expenses including the ones generated by bringing a lawsuit against the breaching party to attain legal remedies do not count toward consequential damages and be charged from the defendant, unless stated in the contract otherwise.
Punitive damages are different from other types of damages because their main purpose is to punish the defendant and deter him or her and many others from engaging in similar kinds of unlawful conduct in the future. The maliciousness and willingness of the defendant to carry out certain wrongful acts are typically what compel the court to impose punitive damages. Since the intention of punitive damages is typically not to compensate the plaintiff, it is often that only a part of it would be awarded to the plaintiff at the discretion of judges and that they serve only as complements to compensatory damages.
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Legal remedy
A legal remedy, also referred to as 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 order to compensate for the harm of a wrongful act inflicted upon an individual.
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 action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy.
In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news coverage. The First Amendment of the United States forbids the government from censoring and restraining the freedom of expression, which allows the ever-expanding news media to influence the legal process. The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial. To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire, change of venue, change of veniremen, continuance, admonition, sequestration.
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." In addition to the United Kingdom and the United States, legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently.
There are three crucial categories of judicial remedies in common law systems. The legal remedy originates from the law courts of England and is seen in the form of a payment of money to the victim, commonly referred to as damages or replevin. Damages aim at making up the harm that a breaching party has committed to the victim. In the history of the English legal system, the legal remedy only existed in the form of monetary relief, and therefore the victim must petition through a separate system if the victim wanted other forms of compensation. Although the courtrooms and proceedings have been integrated, the distinction between requests for money versus action is still present. Non-monetary compensation refers to the second category of judicial remedies—equitable remedies. This type of remedy comes from the equitable jurisdiction developed in the English Court of Chancery and Court of Exchequer. Declaratory remedies make up the third category of judicial remedies. Different from the other two categories, declaratory remedies usually involve a court's determination of how the law applies to particular facts without any command to the parties. 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. While these are three basic categories of remedies in common 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).
Compensatory damages are paid directly to the claimant to compensate for loss and injury when the defendant is proven to be liable for breach of duty or committing wrongful acts. In cases where the claimant has suffered ascertainable costs, it is easy to determine the amount of compensatory damages. In other cases where the liability results from the defendant failing to perform a service, it is necessary to calculate compensatory damages by inquiring how much it would cost for a third party to provide the same service. However, the court takes into account when the non-breaching party makes savings or profits because he or she is involuntarily relieved from the responsibilities specified in a broken contract. If the non-breaching party makes gains from alternative arrangements, compensatory damages are equivalent to his or her loss subtracted by the gains made from the substitution.
Consequential damages, also known as special damages, are intended to compensate for the indirect consequences incurred by the defendant and are sanctioned on a case-by-case basis due to their specificity. Lost profits make up a common type of consequential damages in contract laws. When the party breaching a contract causes the plaintiff to lose profits, the money is recoverable if the plaintiff can prove its ascertainment and trace it to the wrongful conduct of the breaching party, which can be extremely difficult. Moreover, legal expenses including the ones generated by bringing a lawsuit against the breaching party to attain legal remedies do not count toward consequential damages and be charged from the defendant, unless stated in the contract otherwise.
Punitive damages are different from other types of damages because their main purpose is to punish the defendant and deter him or her and many others from engaging in similar kinds of unlawful conduct in the future. The maliciousness and willingness of the defendant to carry out certain wrongful acts are typically what compel the court to impose punitive damages. Since the intention of punitive damages is typically not to compensate the plaintiff, it is often that only a part of it would be awarded to the plaintiff at the discretion of judges and that they serve only as complements to compensatory damages.