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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. [1]
Quia timet (Latin for 'because he fears'), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of Fletcher v. Bealey [28 Ch.D. 688 at p. 698] stated the necessary conditions for the equity courts to grant an injunction in such cases: proof of imminent danger; proof that the threatened injury will be ...
And in 1973, a district judge in New York granted a preliminary injunction against the Interstate Commerce Commission that would "affect the agency in the entire scope of its authority and jurisdiction." [20] Courts issued an average of 1.5 nationwide injunctions per year against the Reagan, Clinton, and George W. Bush administrations. [18]
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.
An injunction is an equitable remedy [a] in the form of a special court order compelling a party to do or refrain from doing certain acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". [3]
A prohibitory injunction prevents an individual or group from beginning or continuing an action which threatens or breaches the legal rights of another. [1] Most common types of cause of action include: To protect confidential information obtained in a commercial relationship. To restrain a breach of contract or enforce a restrictive covenant.
The relief of Specific Performance is an equitable relief which is usually remedial or protective in nature. In civil law (the law of continental Europe and much of the non English speaking world), specific performance is considered to be the basic right. Money damages are a kind of "substitute specific performance."
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made. [1]