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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.
Demand for relief (also known as the prayer for relief or the ad damnum clause) - describes the relief that plaintiff is seeking as a result of the lawsuit. The relief can include a request for declaratory judgment , a request for injunctive relief (non-monetary relief), compensatory and actual damages (such as monetary relief), punitive ...
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
Although there is a contradiction in the 1938 of Federal Rules of Civil Procedures, that the equity of law must include "adequate remedy" in rule 57, Declaratory Judgements. [4] On this judgements, it refers that although there is a monetary damage to a case a court may also issue a declaratory of the judgement. [4]
In 1987, the Ninth Circuit, upheld an injunction against the Secretary of Labor to enforce the Migrant and Seasonal Agricultural Worker Protection Act within the entire forestry industry, reasoning that "the district court has the power to order nationwide relief where it is required."
This is a civil action for declaratory, injunctive, and mandamus relief brought under the Presidential Records Act, 44 U.S.C. §§ 2201–2209 (“PRA”); the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202; and Article II, Section 3 of the Constitution, which imposes on the President a duty to “take care that the laws be faithfully ...
In common law countries, declaratory judgement is a form of equitable relief. That is too broad a statement. In some US jurisdictions, the declaratory judgment action is regarded as a creation of statute, rather than an equitable remedy. Also, of course, most jurisdictions have merged law and equiy jurisdiction.