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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.
The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions [A] or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in ...
Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
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.
Where a personal remedy is awarded, the defendant is ordered to pay the money value of the benefit received. This personal money award is the typical form of restitution ordered. Where a proprietary remedy is awarded, the court recognises (or declares) that the defendant has a beneficial or security interest in specific property of the ...
The remedy is defined as the remedy at law where the judicial remedy or legal remedy takes place in the court. It is the manner on which side is correct that is admitted wrongly by society . Therefore, it is crucial to protect the individual's right and categorised cases to ensure an adequate remedy. [ 7 ]
American legal philosopher Ronald Dworkin's legal theory attacks legal positivists that separate law's content from morality. [67] In his book Law's Empire , [ 68 ] Dworkin argued that law is an "interpretive" concept that requires barristers to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions.
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]