Legal remedy
From The Art and Popular Culture Encyclopedia
| Revision as of 13:22, 18 January 2018 Jahsonic (Talk | contribs) ← Previous diff |
Current revision Jahsonic (Talk | contribs) |
||
| Line 1: | Line 1: | ||
| {{Template}} | {{Template}} | ||
| + | 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 (common law)|civil law]] jurisdiction, enforces a [[right]], imposes a [[sentence (law)|penalty]], or makes another [[court order]] to impose its will. | ||
| - | The '''Reparations Agreement between Israel and the Federal Republic of Germany''' ([[German language|German]]: ''Luxemburger Abkommen'' "Luxembourg Agreement" or ''Wiedergutmachungsabkommen'' "''[[Wiedergutmachung]]'' Agreement", [[Hebrew language|Hebrew]]: ''הסכם השילומים'' ''Heskem HaShillumim'' "Reparations Agreement") was signed on September 10, 1952, and entered in force on March 27, 1953. According to the Agreement, [[West Germany]] was to pay [[Israel]] for the costs of "resettling so great a number of uprooted and destitute Jewish refugees" after the war, and to compensate individual Jews, via the [[Claims Conference|Conference on Jewish Material Claims Against Germany]], for losses in Jewish livelihood and property resulting from [[Nazi persecution]]. | + | 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 [[lawsuit|action]] without awarding damages or ordering equitable relief. |
| + | |||
| + | In [[England|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: | ||
| + | **[[Compensatory damages]] | ||
| + | **[[Punitive damages]] | ||
| + | **[[Incidental damages]] | ||
| + | **[[Liquidated damages]] | ||
| + | **[[Nominal damages]] | ||
| + | *Coercive relief | ||
| + | **[[Specific performance]] | ||
| + | **[[Injunction]]s | ||
| + | **[[Restitution]] | ||
| + | **[[Account of profits]] | ||
| + | |||
| + | ==Categories== | ||
| + | *[[Adequate remedy]] | ||
| + | *[[Civil remedy]] | ||
| + | *Cumulative remedy | ||
| + | *[[Civil and political rights]] | ||
| + | *[[Election of remedies]] | ||
| + | *[[Equity (law)|Equity]] | ||
| + | *[[Equitable remedy]] | ||
| + | *Extraordinary remedy | ||
| + | *''[[Habeas corpus]]'' | ||
| + | *Joinder of remedies | ||
| + | *[[Provisional remedy]] | ||
| + | *Remedy over | ||
| - | ==See also== | ||
| - | *[[Claims Conference]] | ||
| - | *[[International Commission on Holocaust Era Insurance Claims]] | ||
| - | *[[Foundation "Remembrance, Responsibility and Future"]] | ||
| - | *[[Wiedergutmachung]] | ||
| - | *[[Legal remedy]] | ||
| - | *[[Restitution]] | ||
| - | *[[Reparation (legal)]] | ||
| - | *[[Reparations (transitional justice)|Reparations]] | ||
| - | *[[World War I reparations]], made from Germany due to the signing of the Treaty of Versailles | ||
| - | *[[War reparations]] | ||
| - | *[[Reparations for slavery]] | ||
| {{GFDL}} | {{GFDL}} | ||
Current revision
|
Related e |
|
Featured: |
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
