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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 A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, Cr ...
, usually in the exercise of
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
jurisdiction, enforces a
right Rights are legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is describe ...

right
, imposes a
penalty Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) Entertain ...
, or makes another
court order A court order is an official proclamation by a judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evi ...
to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In
common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-use ...
jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary
damages At common law, damages are a remedy in the form of a monetary In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted with the beggar whose legs and arms were amputated, in the left corner">174 ...
) and an
equitable remedyEquitable remedies are judicial remedies developed by courts of Equity (law), equity from about the time of Henry VIII of England, Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common ...
(e.g.
injunctive relief An injunction is a legal remedy, legal and equitable remedy in the form of a special court order that compels a party (law), party to do or refrain from specific acts. ("The United States courts of appeals, court of appeals ... has exclusive juri ...
or
specific performance Specific performance is an equitable remedyEquitable remedies are judicial remedies developed by courts of Equity (law), equity from about the time of Henry VIII of England, Henry VIII to provide more flexible responses to changing social conditions ...
). Another type of remedy available in these systems is
declaratory relief A declaratory judgment, also called a declaration, is the legal determination of a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party ( ...
, where a court determines the rights of the parties to
action ACTION is a bus operator in Canberra Canberra ( ) is the capital city of Australia. Founded following the Federation of Australia, federation of the colonies of Australia as the seat of government for the new nation, it is Australia's l ...
without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news coverage. The
First Amendment First or 1st is the ordinal form of the number 1 (number), one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, ...
of the United States forbids the government from censoring and restraining the freedom of expression, which allows the ever-expanding news media to influence the legal process. The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial. To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges:
voir dire ''Voir dire'' (; often ; from an Anglo-Norman phrase meaning "speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath Traditionally an oath (from Anglo-Saxon The Anglo-S ...
,
change of venue A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publi ...
, change of veniremen,
continuance In American procedural law, a continuance is the postponement of a hearing (law), hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in ...
,
admonition Admonition (or "being admonished") is the lightest punishment under Scots law Scots law () is the legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory l ...
, sequestration. In
English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medieval England, which has eventually become the World language, leading lan ...

English
and American
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. ...
, there is a
legal maxim#REDIRECT Legal maxim A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim (philosophy), maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant tex ...
(albeit one sometimes honored in the breach) that ''for every right, there is a remedy; where there is no remedy, there is no right''. That is, lawmakers claim to provide appropriate remedies to protect rights. This legal maxim was first enunciated by
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholarnot necessarily ...

William Blackstone
: "It is a settled and invariable principle in the laws of
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest of England and the Celtic Sea to the southwest. En ...

England
, that every right when with-held must have a remedy, and every injury its proper redress." In addition to the United Kingdom and the United States, legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently.


Three Types of Legal Remedy In Common Law Systems

There are three crucial categories of judicial remedies in common law systems. The legal remedy originates from the law courts of England and is seen in the form of a payment of money to the victim, commonly referred to as damages or replevin. Damages aim at making up the harm that a breaching party has committed to the victim. In the history of the English legal system, the legal remedy only existed in the form of monetary relief, and therefore the victim must petition through a separate system if he or she wanted other forms of compensation. Although the courtrooms and proceedings have been integrated, the distinction between requests for money versus action is still present. Non-monetary compensation refers to the second category of judicial remedies—equitable remedies. This type of remedy comes from the equitable jurisdiction developed in the English
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction ov ...

Court of Chancery
and Court of Exchequer. Declaratory remedies make up the third category of judicial remedies. Different from the other two categories, declaratory remedies usually involve a court's determination of how the law applies to particular facts without any command to the parties. Courts give declaratory remedies about many different kinds of questions, including whether a person has a legal status, who the owner of a property is, whether a statute has a particular meaning, or what the rights are under a contract. While these are three basic categories of remedies in common law, there are also a handful of others (such as reformation and rescission, both dealing with contracts whose terms need to be rewritten or undone).


Legal Remedies (Damages)

* Compensatory Damages
Compensatory damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised a ...
are paid directly to the claimant to compensate for loss and injury when the defendant is proven to be liable for breach of duty or committing wrongful acts. In cases where the claimant has suffered ascertainable costs, it is easy to determine the amount of compensatory damages. In other cases where the liability results from the defendant failing to perform a service, it is necessary to calculate compensatory damages by inquiring how much it would cost for a third party to provide the same service. However, the court takes into account when the non-breaching party makes savings or profits because he or she is involuntarily relieved from the responsibilities specified in a broken contract. If the non-breaching party makes gains from alternative arrangements, compensatory damages are equivalent to his or her loss subtracted by the gains made from the substitution. * Consequential Damages
Consequential damages Consequential damages, otherwise known as special damages, are damages At common law, damages are a remedy in the form of a monetary In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted wit ...
, also known as
special damages At common law, damages are a remedy in the form of a monetary In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted with the beggar whose legs and arms were amputated, in the left corner">174 ...
, are intended to compensate for the indirect consequences incurred by the defendant and are sanctioned on a case-by-case basis due to their specificity. Lost profits make up a common type of consequential damages in contract laws. When the party breaching a contract causes the plaintiff to lose profits, the money is recoverable if the plaintiff can prove its ascertainment and trace it to the wrongful conduct of the breaching party, which can be extremely difficult. Moreover, legal expenses including the ones generated by bringing a lawsuit against the breaching party to attain legal remedies do not count toward consequential damages and be charged from the defendant, unless stated in the contract otherwise. * Punitive Damages
Punitive damages Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
are different from other types of damages because their main purpose is to punish the defendant and deter him or her and many others from engaging in similar kinds of unlawful conduct in the future. The maliciousness and willingness of the defendant to carry out certain wrongful acts are typically what compel the court to impose punitive damages. Since the intention of punitive damages is typically not to compensate the plaintiff, it is often that only a part of it would be awarded to the plaintiff at the discretion of judges and that they serve only as complements to compensatory damages. * Incidental Damages
Incidental damages Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In United States of America, American commercial law, incidental damages are a seller's commercially reasonable expenses incu ...
, closely associated with compensatory damages, are costs used to prevent further losses that result from the breach of contract on behalf of the nonbreaching party. For example, a company breaches a hiring contract that it signed with a prospective employee. The expenditures that the employee spent searching for another job are an element of incidental damages. * Nominal Damages The plaintiff is entitled to receive
nominal damages At common law, damages are a remedy in the form of a monetary In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted with the beggar whose legs and arms were amputated, in the left corner">174 ...
in cases in which he or she suffers no actual harm or is unable to prove harm. Although the amount of nominal damages is typically small, the plaintiff can use the award of nominal damages as a justification to plead for punitive awards or appeal a violation of his or her rights that form the basis of the lawsuit, common in cases involving constitutional rights. * Liquidated Damages
Liquidated damages Liquidated damages, also referred to as "liquidated and ascertained damages" (LADs), are damages whose amount the parties designate during the formation of a contract A contract is a legally binding document between at least two parties that defi ...
refer to a predetermined amount of money that must be paid by the breaching party, and they are fixed numbers agreed upon by both parties during the formation of a contract. Courts enforcing a liquidated damages provision would consider the reasonableness of its amount, specifically if it approximates the amount of actual damages caused, and the ascertain. Failing to meet this condition would turn liquidated damages into an unenforceable penalty that inequitably benefits the party receiving liquidated awards. * Statutory Damages In certain cases, a statute dictates the amount of damages, rather than the calculation of the harm or loss endured by the plaintiff. The
Fair Debt Collection Practices Act The Fair Debt Collection Practices Act (FDCPA), List of United States federal legislation#Public laws, Pub. L. 95th United States Congress, 95-109; 91 United States Statutes at Large, Stat. 874, codified as –1692p, approved on September 20, 1977 ...
would charge up to $1,000 for every violation of its provision, which is an example of
statutory damages Statutory damages are a damage Damage is any change in a thing, often a physical object, that degrades it away from its initial state. It can broadly be defined as "changes introduced into a system that adversely affect its current or future perfor ...
.
Treble damages In United States law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, which prescribes the foundation of the federal government of the Unite ...
is a type of statutory damages in which the amount of compensatory damages awarded to a plaintiff can be tripled given the warranty of a statute.


Equitable Remedies

There are three characteristics of equitable remedies that differ from damages. First, the jury is not used in cases involving equitable remedies. Second, in sanctioning equitable remedies, the court does not make decisions based on precedents but tends to rely on the justice that needs to be served. Third, equitable remedies are not monetary. Rather, they include actions, properties, etc., that the court orders the defendant to perform in order to bring both parties in a lawsuit back to the position in which they were prior to their contract. * Injunction
Injunction An injunction is a legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of l ...
is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, i.e., breaching a contract. In the U.S., injunction is the most common type of equitable remedies, and failure to comply with an injunction can lead to results ranging from fines to imprisonment. * Accounting for Profits Accounting for profits is an inquiry into the amount of gains that the defendant benefited from his or her wrongs. Accounting is more commonly practiced in cases against a fiduciary or breach of contract in which the ascertainment of the defendant's profits is important. * Constructive Trust
Constructive trust A constructive trust is an equitable remedy imposed by a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out ...
is enforced in situations where the possession of a property by the defendant unjustly enriches him or her, and therefore the court decides to grant the ownership of the property to the plaintiff. * Equitable Lien
Equitable lien A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person ...

Equitable lien
is applicable when the defendant used unjust funds obtained from the plaintiff to make improvements to his or her property. By granting the plaintiff a security interest in the property of the defendant, it guards the right of the plaintiff to have the funds returned from the defendant. * Subrogation In a
subrogation Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revive ...
case, the property that belongs to the plaintiff from a legal standpoint is used by the defendant to repay the debt to a third party. Subrogation entitles the plaintiff to the rights as the third party against the defendant. * Specific Performance
Specific performance Specific performance is an equitable remedyEquitable remedies are judicial remedies developed by courts of Equity (law), equity from about the time of Henry VIII of England, Henry VIII to provide more flexible responses to changing social conditions ...
refers to the court compelling the defendant to perform certain actions. This type of equitable remedy is limited in scope because in contract laws for example, issuing specific performance would require the property that gives rise to the lawsuit to be unique, or that it is more practical for the defendant to compensate the plaintiff by paying for compensatory damages. * Reformation Reformation, or referred to as
rectification Rectification has the following technical meanings: Mathematics * Rectification (geometry), truncating a polytope by marking the midpoints of all its edges, and cutting off its vertices at those points * Rectifiable curve, in mathematics * Rectif ...
, is when the court practices remedies by correcting the writings of a contract. Under two circumstances, reformation applies either when (1) the writing does not reflect the agreement made between the parties, or (2) one party signed the contract in the first place because he or she was manipulated by the fraud planned and executed by the other party. * Equitable Rescission Equitable rescission gives the innocent plaintiff the right to undo or rescind a contract when he or she entered the contract as a result of fraud, misrepresentation, etc., or when the contract has been breached by the other party. To restore the situation to what it was before the contract, both parties need to return what they have received from the exchange.


Declaratory Remedies

Declaratory remedies, or declaratory judgment, do not belong to the category of damages or equities. They are legal determinations made by the court to address ambiguity or disputes without sanctioning an action or practice against the parties involved. Declaratory remedies serve to affirm the validity of the claims and requests made by the plaintiff, accompanied by injunction in selective cases at the discretion of judges or juries. Declaratory remedies are a component of preventive adjudication because in cases that demand only declaration, no actual harm or loss has been incurred by the plaintiff.


Trial-Level Remedies for Pretrial Publicity

Pretrial publicity can lessen the effectiveness of jurors in ways such as presenting incriminating information or arousing blind emotions, which significantly influence the outcome of trials and damage their fairness. As technologies develop, the prevalence of mass media makes legal information more accessible and thus poses a larger threat to the process of adjudication. Trial-level remedies are designed for judges to mitigate the impact of pretrial publicity without infringing the freedom of expression for the press.


Voir Dire

Voir dire (; often ; from an Anglo-NormanAnglo-Norman may refer to: *Anglo-Normans The Anglo-Normans ( nrf, Anglo-Normaunds, ang, Engel-Norðmandisca) were the medieval ruling class in England, composed mainly of a combination of ethnic Anglo-Saxons, ...
, which means "tell the truth" in French, refers to a process in which attorneys and judges conduct interviews with potential jurors to discover their bias and rule out the ones who cannot be impartial. The selection procedure usually starts with a written questionnaire before questioning. In the process of questioning, both parties have the right to excuse potential jurors through challenges for cause. An attorney must convince the court with legitimate reasons to eliminate a potential juror. Another method to screen out a member from a pool of jurors is to use
peremptory challenge In English, American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, ...
s, which cannot be rejected by the judge. However, attorneys can only use peremptory challenges for a limited number of times.


Change of Venue

Change of venue A change of venue is the legal term {{Short pages monitor