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Legal remedy
 
 
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A legal remedy (also judicial relief) is the means with which a court of law, usually in the exercise of civil law
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 jurisdiction, enforces a right
Right

Rights are legal or moral entitlements or permissions. Rights are of vital importance in theories of justice and deontology.Many contemporary notions of rights are Universality and egalitarianism, with equal rights granted to all people....
, imposes a penalty
Sentence (law)

In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of prison, a Fine and/or other punishments against a defendant conviction of a crime....
, or makes some other court order
Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a Hearing , a lawsuit, an appeal or other court proceedings....
 to impose its will. In Commonwealth
Commonwealth of Nations

The Commonwealth of Nations, also known as the Commonwealth or the British Commonwealth, is an intergovernmental organization of fifty-three independent member states....
 common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdictions and related jurisdictions (e.g. the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
), the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages
Damages

In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
) and an equitable remedy
Equitable remedy

In law, equitable remedies are the remedies developed and granted by the old courts of Equity , such as the Court of Chancery in England, and still available today in common law jurisdictions....
 (e.g. injunctive relief or specific performance
Specific performance

In the law of Judicial_remedy, an order of specific performance is an order of the court which requires a party to perform a specific act, usually what is stated in a contract....
).






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A legal remedy (also judicial relief) is the means with which a court of law, usually in the exercise of civil law
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 jurisdiction, enforces a right
Right

Rights are legal or moral entitlements or permissions. Rights are of vital importance in theories of justice and deontology.Many contemporary notions of rights are Universality and egalitarianism, with equal rights granted to all people....
, imposes a penalty
Sentence (law)

In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of prison, a Fine and/or other punishments against a defendant conviction of a crime....
, or makes some other court order
Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a Hearing , a lawsuit, an appeal or other court proceedings....
 to impose its will. In Commonwealth
Commonwealth of Nations

The Commonwealth of Nations, also known as the Commonwealth or the British Commonwealth, is an intergovernmental organization of fifty-three independent member states....
 common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdictions and related jurisdictions (e.g. the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
), the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages
Damages

In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
) and an equitable remedy
Equitable remedy

In law, equitable remedies are the remedies developed and granted by the old courts of Equity , such as the Court of Chancery in England, and still available today in common law jurisdictions....
 (e.g. injunctive relief or specific performance
Specific performance

In the law of Judicial_remedy, an order of specific performance is an order of the court which requires a party to perform a specific act, usually what is stated in a contract....
). Another type of remedy is declaratory relief
Declaratory relief

Declaratory relief is a judge's determination of the parties' rights under a contract or a statute, often requested in a lawsuit over a contract....
, where a court determines the rights of the parties to an action
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
 without awarding damages or ordering equitable relief.

In English
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 and American jurisprudence
Jurisprudence

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions....
, there is a legal maxim
Legal maxim

A 'Legal Maxim' is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on Regular definitiones, and Sententiae juri...
 that for every right, there is a remedy. That is, lawmakers claim to provide appropriate remedies to protect rights. This legal maxim was first enunciated by William Blackstone
William Blackstone

Sir William Blackstone was an England jurist and professor who produced the historical and analytic treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769....
: "It is a settled and invariable principle in the laws of England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
, 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
Marbury v. Madison

Marbury v. Madison, is a landmark case in United States law. It formed thebasis for the exercise of judicial review in the United States under Article Three of the United States Constitution of the United States Constitution....
, 5 U.S. (1 Cranch) 137, 162-163 (1803).

Examples of legal remedies

  • Damages
    Damages

    In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
    , which may include:
    • Compensatory damages
    • Punitive damages
      Punitive damages

      Punitive damages are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff....
    • Incidental damages
      Incidental damages

      Incidental Damages are a type of legal damages, , that are reasonably associated with or related to actual damages.In United States of America commercial law, incidental damages are a seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach of contract, or a buye...
    • Liquidated damages
      Liquidated damages

      Liquidated damages are damages whose amount the parties designate during the formation of a contracts for the injured party to collect as compensation upon a specific breach ....
    • Nominal damages
  • Coercive relief
    • Specific performance
      Specific performance

      In the law of Judicial_remedy, an order of specific performance is an order of the court which requires a party to perform a specific act, usually what is stated in a contract....
    • Injunction
      Injunction

      An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order....
      s
    • Restitution
      Restitution

      The law of restitution is the law of gains-based recovery. It is to be contrasted with the damages, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world....
    • Account of profits
      Account of profits

      An account of profits is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment....


Categories of remedies

  • Adequate remedy
    Adequate remedy

    An adequate remedy or adequate remedy at law is a legal remedy which the court of law deems satisfactory, without recourse to an equitable remedy....
  • Civil remedy
  • Cumulative remedy
  • Election of remedies
    Election of remedies

    In the law of civil procedure, election of remedies is the situation in which a winning party in a lawsuit must choose the means by which its injury will be remedied....
  • Equity
  • Equitable remedy
    Equitable remedy

    In law, equitable remedies are the remedies developed and granted by the old courts of Equity , such as the Court of Chancery in England, and still available today in common law jurisdictions....
  • Extraordinary remedy
  • Joinder of remedies
  • Provisional remedy
    Provisional remedy

    The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.Under United States law, Federal Rules of Civil Procedure 64 provides with several types of seizure that a Federal Court may use pursuant to state law....
  • Remedy over