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Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5] [6] specific performance; account of profits; rescission ...
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.
The main criticism concerning R.A. 8371 is that it is ambiguous. One of the issues it encountered was that it is inconsistent and conflicting with the Philippines' constitution (2). This has become the case because of the doctrine of jura regalia, which means that "all lands of the public domain belong to the state" (2). The next problem ...
The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.
The Philippine House Committee on Constitutional Amendments, or House Constitutional Amendments Committee is a standing committee of the Philippine House of Representatives. Jurisdiction [ edit ]
The Third Restatement and its predecessor, the Restatement on Restitution (1937), [b] advocate for treating restitution as a unified and cohesive body of law, rather than a muddled variety of miscellaneous legal and equitable claims, remedies, and doctrines such as quantum meruit, quantum valebant, account of profits, quasi-contract ...
Constitutional reform in the Philippines, colloquially known as charter change (cha-cha), [1] refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a people's initiative, a constituent ...
"Adequate Remedies" refers to the legal remedy, and equitable remedies that apply to the administrative or state court remedies. [4] The court was unable to grant any equitable remedies such as specific performance where there is a plain legal remedy such as monetary damages. "Adequate Remedies" continues to appear in the federal case between ...