Search results
Results from the WOW.Com Content Network
An adequate remedy or adequate remedy at law is part of a legal remedy (either court-ordered or negotiated between the litigants) which the court deems satisfactory, without recourse to an equitable remedy. [1] [2] This consideration expresses to the court whether money should be awarded or a court order should be decreed. [1] "
"Every person, for an injury inflicted on the person or the person's reputation, property, or immunities, shall have a remedy by due course of law; and right and reputation shall be administered freely and without sale, completely and without denial, promptly and without delay."; "In all civil suits, and in all controversies concerning property ...
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 award of specific performance requires that the two following criteria must be satisfied: [9] (i) Common law damages must be an inadequate remedy. For instance, when damages for a breach of contract found in favour of a third party are an inadequate remedy. [10] (ii) No bars to equitable relief prevent specific performance. A bar to relief ...
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 second application Brandeis furnished to demonstrate the last resort rule in Ashwander is the adequate and independent state ground doctrine: "Appeals [to the United States Supreme Court] from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground."
Dicey's doctrine on the rule of law is a threefold one: (i) The absolute supremacy or predominance of 'regular' law as opposed to the influence of arbitrary power and the absence of discretionary authority on the part of the government. No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law ...
Similar to the U.S. v. state exclusion above, a state may also sue another state in the federal court system. Again, there would be a conflict of interest if either state's court system tried the case. Instead, the federal court system provides a neutral forum for the case.