remedies: an overview
A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories:
- Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitutionary measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights,
- Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (a court mandates that the party fulfill contractual obligations. See Contracts).
- Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action.
Because of their historical origins, monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
Plaintiffs can also receive provisional remedies when a court uses its discretionary power to prevent harm to the plaintiff while the plaintiff's rights are still being determined. Such remedies include temporary injunctions, attachment, and garnishment.
Definition from Nolo’s Plain-English Law Dictionary
The means of redressing an injury or enforcing a right in a legal action. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement between the parties, and by the automatic operation of law. Some remedies require that certain acts be performed or prohibited, others involve payment of money, and still others require a court's declaration of the rights of the parties and an order to honor them.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm