Search results
Results from the WOW.Com Content Network
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur. Under United States law , FRCP 64 provides with several types of seizure (e.g. garnishment , replevin , attachment ) that a Federal Court may use pursuant to state law.
Rule 18 – Joinder of Claims and Remedies – states that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff. Of course, each claim must have its own basis for jurisdiction in the court ...
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.
If the plaintiff wanted return of his chattel in specie, replevin was a more appropriate remedy than either trespass or trover in which only damages could be recovered. Restoration of the property is, of course, only provisional, pending determination of title." [12] It depended upon an original unlawful taking by the way of distraint.
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.
The Pennsylvania Supreme Court ruled in a 4-3 decision Wednesday that state law provides voters whose mail ballots are rejected an opportunity to vote by provisional ballot. More than 1.1 million ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]