|
Survey |
REMEDY
the means employed to enforce or redress an injury. The most common remedy at law consists of money
damages.
EXTRAJUDICIAL REMEDY: see extrajudicial [EXTRAJUDICIAL REMEDY]
EXTRAORDINARY REMEDY: a remedy not usually available in an action at law or in
equity, and ordinarily not employed unless the evidence clearly indicates that such a remedy is necessary to
preserve the rights of the party. Examples include the appointment of a receiver, a decree of specific performance, the issuing of a
writ of mandamus or writ of prohibition or of an
injunction.
PROVISIONAL REMEDY: one provided pursuant to a proceeding incidental to and in
connection with a regular action, invoked while the primary action is pending, to assure that the claimant's rights will be preserved or
that he or she will not suffer irreparable injury. Its connection to the primary action is termed collateral.
Examples include attachment, temoprary restaining orders, preliminary injunctions, appointment of receivers.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016
"And it is also well settled that, where legal rights have been invaded and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done."
- Bell v. Hood, 327 US 678 (1946)