remedy meaning in law

These remedies are either public, by indictment, when the injury to the individual or to his property affects the public; or private, when the tort is only injurious to the individual. Save time with our search provider (modern browsers only). 3. Private remedies. There are three kinds of remedies, namely. Remedies for the redress of injuries. Those by the act of the party himself, or of certain relations or third persons permitted by law to interfere, as with respect to the person, by self-defense, resistance, escape, rescue, and even prison breaking, when the imprisonment is clearly illegal; or in case of personal property, by resistance or recaption; or in case of real property, resistance or turning a trespasser out of his house or off his land, even with force; or by apprehending a wrong-doer, or by reentry and re-gaining possession, taking care not to commit a forcible entry, or a breach of the peace; or, in case of nuisances, public or private, by abatement or remedies by distress, or by set off or retainer. Remedy Definition: Remedial judicial action to right a wrong or to prevent a infringement upon a legal right. The means employed to enforce a right or redress an injury. It will be proper to consider. 1. Definition of legal remedy: The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. Learn more. Public remedies. But when an offence was antecedently punishable by a common law proceeding, as by indictment, and a statute prescribes a particular remedy, there such particular remedy is cumulative, and proceedings may be had at common law or under the statute. Remedy definition, something that cures or relieves a disease or bodily disorder; a healing medicine, application, or treatment. 2 : something that corrects or counteracts. An "extraordinary remedy" is a means employed by a judge to meet particular problems, such as appointment of a referee, master or receiver to investigate, report or take charge of property. See more. A "provisional remedy" is a temporary solution to hold matters in status quo pending a final decision or an attempt to see if the remedy will work. , set right, set to rights, put to rights, right, rectify, retrieve, solve, fix, sort out, put in order, straighten out, resolve, deal with, correct, repair, mend, redress, make good, These Foreign Words And Phrases Are Now Used In English. Some remedies require that certain acts be performed or prohibited (originally called "equity"); others involve payment of money to cover loss due to injury or breach of contract; and still others require a court's declaration of the rights of the parties and an order to honor them. Middle English from Anglo-Norman French remedie, from Latin remedium, from re- ‘back’ (also expressing intensive force) + mederi ‘heal’. Damages aim at making up the harm that a breaching party has committed to the victim. , cure, medicine, medication, medicament, drug, restorative. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she … 1A medicine or treatment for a disease or injury. Legal Definition of Remedies, Remedy. The private remedies, as, they seek the prevention of offences, compensation for committing them, and the punishment of their authors. 4. Copyright © 2020 ALM Media Properties, LLC. Remedies which have for their object punishments, or compensation and punishments, are either summary proceedings before magistrates, or indictment, etc. legal remedy definition: a way of using the legal system to make sure that someone's rights are not taken away from them: . The public remedies, which have for their object protection and punishment. Definition of remedy. 2. The preventive, or removing, or abating remedies, are those which may be by acts of the party aggrieved, or by the intervention of legal proceedings; as, in the case of injuries to the. 3. All Rights Reserved. Remedies for compensation are those which may he either by the acts of the party aggrieved, or summarily before justices, or by arbitration, or action, or suit at law or in equity. If the injury affect a legal right, then the remedy is in general by action in a court of law; but if an equitable right, or if it can be better investigated in a court of equity,' then the remedy is by bill. 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 … "Recently a common law barrister, very eminent for his legal attainments, sound opinions, and great practice, advised that there was no remedy whatever against a married woman, who, having a considerable separate estate, had joined with her husband in a promissory note for X2500, for a debt of her husband, because he was of opinion that the contract of a married woman is absolutely void, and referred to a decision to that effect, he not knowing, or forgetting, that in equity, under such circumstances, payment might have been enforced out of the separate estate. remedy n. the means to achieve justice in any matter in which legal rights are involved. When the right invaded and the injury committed are merely private, no one has a right to interfere or seek a remedy except the party immediately injured and his professional advisers. Want High Quality, Transparent, and Affordable Legal Services. The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. Vide Arrest. These may be divided into such as are intended to prevent crimes, and those where the object is to punish them. The form of these depend upon the nature of the contract. Jowitt's Dictionary of English Law defines a remedy as follows (adopted in Vachon): "Remedy: the means by which the violation of a right is prevented, redressed, or compensated. Are You Learning English? In the common law, according to the United States Court of Appeals in Center for Auto Safety, remedy means: "... the means by which a right is enforced or the violation of a right is prevented, redressed or compensated.". ", Always looking up definitions? This action is also the proper remedy upon wagers, feigned issues, and awards when the submission is not by deed, and to recover money due on foreign judgments and on by laws. This is one of the very numerous cases almost daily occurring, illustrative of the consequences of the want of, at least, a general knowledge of every branch of law. Therefore, this is merely legal information designed to educate the reader. When the law gives several remedies, the party entitled to them may select that best calculated to answer his ends. The proceedings intended as a punishment for offences, are either summary, vide Conviction; or by indictment. If the common law counsel had properly advised proceedings in equity, or if the equity counsel had advised proceedings by arrest at law, upon the promise, after the death of the husband, the whole debt would have been paid. To recover money due and unpaid upon legal liabilities, or upon simple contracts either express or implied, whether verbal or written, and upon contracts under seal or of record and on statutes by a party grieved, or by a common informer, whenever the demand is for a sum certain, or is capable of being readily reduced to a certainty the remedy is by action of debt. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law. n. the means to achieve justice in any matter in which legal rights are involved. remedy definition: 1. a successful way of curing an illness or dealing with a problem or difficulty: 2. a way of…. Remedy is the means by which a right is enforced or by which the violation of a right is prevented or compensated. In the common law , according to the United States Court of Appeals in Center for Auto Safety , remedy … Duhaime's Civil Litigation & Evidence Law Dictionary, Duhaime's Tort and Personal Injury Law Dictionary. Share it with your network! Learn more. It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. They will be briefly considered, each separately. dies 1. And afterwards, a very eminent equity counsel, equally erroneously advised, in the same case, that the remedy was only in equity, although it appeared upon the face of the case, as then stated, that, after the death of her husband, the wife had promised to pay, in consideration of forbearance, and upon which promise she might have been arrested and sued at law. A remedy is a successful way of dealing with a problem. A means of counteracting or eliminating something undesirable. The preventive and removing remedies are principally of two descriptions, namely, 1st. Formal proceedings are instituted when certain rights have been invaded. The importance of selecting a proper remedy is made strikingly evident by tho following statement. remedy. Remedy definition, something that cures or relieves a disease or bodily disorder; a healing medicine, application, or treatment. Remedy definition: A remedy is a successful way of dealing with a problem . Want to learn more? Private remedies are. a way of solving a problem or ordering someone to make a payment for harm or damage they have caused, using a decision made in a law court: We have exhausted all possible legal remedies for this … When the injury is complete or continuing, the remedies to obtain compensation are either specific or in damages. Improve your vocabulary with English Vocabulary in Use from Cambridge. 3 : the legal means to recover a right or to prevent or obtain redress for a wrong. A public nuisance may be abated without any other warrant or authority than that given by the law. Remedies are specific and cumulative; the former are those which can alone be applied to restore a right or punish a crime; for example, where a statute makes unlawful what was lawful before, and gives a particular remedy, that is specific and must be pursued, and no other. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. 1, By the act of the party, or by legal proceedings to prevent the commission or repetition of an injury, or to remove it; or. Remedies are of four kinds: (1) by act of the party injured ... (2) by operation of law ... (3) by agreement between the parties ... (4) by judicial remedy, e.g., action or suit. 2The margin within which coins as minted may differ from the standard fineness and weight. n. the means to achieve justice in any matter in which legal rights are involved. ", Remedies may be considered in relation to. The breach of parol or simple contracts, whether verbal or written, express or implied, for the payment of money, or for the performance or omission of any other act, is remediable by action of assumpsit. | Meaning, pronunciation, translations and examples Remedies fall into three general categories: Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitutionary measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights,

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