It may, in addition, send the case back (" remand " or " remit ") to the lower court for further proceedings to remedy the defect.

The ADA allows private plaintiffs to receive only injunctive relief ( a court order requiring the public accommodation to remedy violations of the accessibility regulations ) and attorneys ' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses.

The inability to obtain a remedy before a national court for an infringement of a Convention right is thus a free-standing and separately actionable infringement of the Convention.

However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy ( see May v. Ferndale Institution ).

Stemming from Heydon's Case ( 1584 ), it allows the court to enforce what the statute is intended to remedy rather than what the words actually say.

Similarly, judges might assume in default of express evidence to the contrary that the place where the cause of action arose would provide certain basic protections, e. g. that the foreign court would provide a remedy to someone who was injured due to the negligence of another.

By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ( e. g., an order for damages ).

* Legal remedy, an action by a court of law to impose its will

Also there are situations where, particularly if the defendant ignores the orders of the court, a plaintiff can obtain a punitive remedy against the defendant, including imprisonment.

For example, a court of equity recognizing a plaintiff's request for the equitable remedy of a constructive trust may decide that a constructive trust has been created and simply order the person holding the assets to deliver them to the person who rightfully should have them.

An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts.

Addressing the issue of remedy, the court declined to grant outright the plaintiffs ' request for a marriage license, and instead focused on correcting the acknowledged inequities of the existing statutes.

) In making this decision, some members of the court complained that they were unnecessarily " abdicating " their constitutional duty to implement the most straightforward remedy, while the others responded that with this decision they had done a great deal, and the remaining decisions were political in nature.

A court will allow a case to go forward if it is the type for which persons will frequently be faced with a particular situation, but will likely cease to be in a position where the court can provide a remedy for them in the time that it takes for the justice system to address their situation.

The most common civil remedy a court of law can award is monetary damages.

However, in general, a litigant cannot obtain equitable relief unless there is " no adequate remedy at law "; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question.

1996 (“ e are confident that by empowering the court to grant ‘ appropriate ’ relief Congress meant to include retroactive reimbursement to parents as an available remedy in a proper case .”); 20 U. S. C.

According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done ; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy.

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.

A lawsuit or ( much less commonly ) " suit in law " is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.

This might put Wright in such a bad light before a court that Miriam would be awarded Taliesin ; ;

What better affirmative step could be taken to this end than repeal of the Connally amendment -- an act which could expose the United States to no practical risk yet would put an end to our self-judging attitude toward the court, enable us to utilize it, and advance in a tangible way the cause of international law and order??

Counsel for the Government invited Du Pont's views on this proposal before recommending a specific program, but stated that if the court desired, or if counsel for Du Pont thought further discussion would not be profitable, the Government was prepared to submit a plan within thirty days.

The submission of detailed plans would place the issues before the court more readily than would discussion of divestiture or disenfranchisement in the abstract.

Du Pont would be enjoined from having as a director, officer, or employee anyone who was simultaneously an officer or employee of General Motors, and no director, officer, or employee of Du Pont could serve as a director of General Motors without court approval.

Promptly at seven he would clatter out of the court with twelve in the tallyho.

It would also probably mean different things within the same state -- depending upon what court ( state or federal ) rendered decision.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.

Many anarchists also argue that private defense and court agencies would have to have a good reputation in order to stay in business.

The death of Arcadius in May 408 caused milder counsel to prevail in the western court, but Alaric, who had actually entered Epirus, demanded in a somewhat threatening manner that if he were thus suddenly requested to desist from war, he should be paid handsomely for what modern language would call the " expenses of mobilization ".

Also, the court pointed out that, while Canada has the power to amend the line of succession to the Canadian throne, the Statute of Westminster stipulates that the agreement of the governments of the fifteen other Commonwealth realms that share the Crown would first have to be sought if Canada wished to continue its relationship with these countries.

The terms of the Artistic License 1. 0 were at issue in a 2007 federal district court decision in the US which was criticized by some for suggesting that FOSS-like licenses could only be enforced through contract law rather than through copyright law, in contexts where contract damages would be difficult to establish.

Instead the two court owned theaters would be reopened under new management, and partly subsidized by the Imperial Court, as a new National Theater.

For the young composer there would be few, if any, new compositional commissions to receive from the court.

The server hits the shuttlecock so that it would land in the receiver's service court.

Additionally, from at least the 11th century and continuing for several centuries after that, there were several different circuits in the royal court system, served by itinerant judges who would travel from town to town dispensing the King's justice.

The Winterbottom court recognized that there would be " absurd and outrageous consequences " if an injured person could sue any person peripherally involved, and knew it had to draw a line somewhere, a limit on the causal connection between the negligent conduct and the injury.

The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract (" privity ") with the negligent party.

A first exception to this rule arose in an 1852 case by New York's highest court, Thomas v. Winchester, which held that mislabeling a poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put " human life in imminent danger.

Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution.