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Also in 1938, the enactment of the Federal Rules of Civil Procedure merged procedures for law and equity and replaced the common-law forms of action with a single civil action. This has, to some extent, blurred differences between legal and equitable restitution, and obscured awareness of legal restitution's origin in the action of assumpsit .
In the law of civil procedure, election of remedies is the situation in which a winning party in a lawsuit must choose the means by which its injury will be remedied. [1] For example, if a court finds that the plaintiff's painting was stolen by the defendant , then the plaintiff has two possible routes to restore the loss.
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. [2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.
Oct. 24—The Center Square The Ohio Supreme Court on Tuesday sided with Secretary of State Frank LaRose and upheld new directives for ballot drop boxes across the state. In a 4-3 ruling, the ...
The lowest level is the courts of common pleas, the intermediate-level courts are the district courts of appeals, and the highest-ranking court is the Ohio Supreme Court. Ohio municipal and county courts hear cases involving traffic violations, non-traffic misdemeanors, evictions and small civil claims (in which the amount in controversy does ...
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
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.
It flouts the very essence of the rule of law that election as president could be a get-out-of-jail-free card. Erwin Chemerinsky, a contributing writer to Opinion, is dean of the UC Berkeley Law ...