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"Exhaustion of administrative remedies" requires a person to first go to the agency which administers the statute; this process usually involves filing a petition, then going to a hearing, and finally using the agency's internal appeal process.
equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them ...
See also Exhaustion of intellectual property rights for a general introduction not limited to U.S. law.. The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale.
Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. [1] If the injured party could go back in time, they should be indifferent to entering into the contract that would be breached and receiving the reliance damages as opposed to ...
Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings.
The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, [1] is a U.S. federal law that was enacted in 1996. [2] Congress enacted PLRA in response to a significant increase in prisoner litigation in the federal courts; the PLRA was designed to decrease the incidence of litigation within the court system.
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.
Economic torts are tortious interference actions designed to protect trade or business. The area includes the doctrine of restraint of trade and, particularly in the United Kingdom, has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern competition law, and certain laws governing intellectual property, particularly unfair competition law.