The first U. S. Supreme Court case to uphold the ban against involuntary servitude was Bailey v. Alabama ( 1911 ).</ p >< p > Requiring specific performance as a remedy for breach of personal services contracts has regarded as a form of involuntary servitude by some scholars and courts, though other jurisdictions and scholars have rejected this argument ; it is a popular rule in academia and many local jurisdictions, but has never been upheld by higher courts .</ p >

As well, they may, in the matters brought before them, even on their own initiative, issue injunctions or reprimands, suppress writings or declare them libellous, and make such orders as are appropriate to deal with cases for which no specific remedy is provided by law.

Another remedy similar to Twain's is reported from Northern Ireland, where water from a specific well on Rathlin Island is credited with the power to cure warts.

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.

If a plaintiff requests damages in the form of money or certain other forms of relief, such as the return of a specific item of property, the remedy is considered legal, and a jury is available as the fact-finder.

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.

It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right.

Due to his equitable interest in the outcome of the transaction, the buyer who suffers a breach may be entitled to the equitable remedy of specific performance ( although not always, see below ).

In equity, this form of remedy is usually one of specific performance or an injunction ( injunctive relief ).

" This convention ( that damages could only be awarded as an ancillary remedy, or where no others were available ) remained the cause until the 18th and early 19th centuries, when the attitude of the Court towards awarding damages became more liberal ; in Lannoy v Werry, for example, it was held that where there was sufficient evidence of harm, the Court could award damages in addition to specific performance and other remedies.

It was considered a specific remedy for some minor illnesses, such as a cold, and a general remedy for others, as even today people drink hot milk to help them get to sleep.

Each remedy is used alone or in conjunction with other remedies, and each flower is believed by advocates to impart specific qualities to the remedy.

For example, a court may require specific performance ( an equitable remedy ) as a remedy for breach of contract, instead of the more favored remedy of monetary damages.

In the absence of a specific appeals court, the only remedy from a decision of a Tribunal may be a judicial review to the High Court, which will often be more limited in scope than an appeal.

The asphodel was also supposed to be a remedy for poisonous snake-bites and a specific against sorcery ; it was fatal to mice, but preserved pigs from disease.

Under U. S. trade remedy law, a subsidy to be countervailable must be specific to a particular industry.

Rebbe Nachman revealed that ten specific Psalms, recited in this order: Psalms 16, 32, 41, 42, 59, 77, 90, 105, 137, and 150, constitute a special remedy for the sin of wasting seed, which defiles the sign of the covenant, and, by extension, all the other mitzvot.

Although damages are the usual remedy for the breach of a contract for the benefit of a third party, if damages are inadequate, specific performance may be granted ( Beswick v. Beswick AC 59 ).

Instead of referring to " fetal distress " current recommendations hold to look for more specific signs and symptoms, assess them, and take the appropriate steps to remedy the situation.

To avoid or neglect the performance of this duty would not be faithful execution of the law, and would thus be a violation of the separation of powers, which the Congress and the Courts have several options to remedy.

While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract.

Under the common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages.

However, the court of equity developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique.

Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute.

Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale.

In practice, specific performance is most often used as a remedy in transactions regarding land, such as in the sale of land where the vendor refuses to convey title.

This however is more of a cosmetic remedy, and may hamper athletic performance in the future.

So, if a promisee provides 99 % of the performance sought, the promisor could then revoke without any remedy for the promisee.

In Commonwealth common law jurisdictions and related jurisdictions ( e. g. the United States ), the law of remedies distinguishes between a legal remedy ( e. g. a specific amount of monetary damages ) and an equitable remedy ( e. g. injunctive relief or specific performance ).

The injunction is a type of equitable remedy, as is specific performance, in which someone who enters into a contract is forced to perform whatever promise has been reneged upon.

Cota was given command of the 28th Infantry Division on August 14, 1944, in part to remedy the unit's unsatisfactory performance.

It has the power to grant damages and specific performance to remedy discriminatory acts.

The possibility of cover will prevent a party from being able to sue for specific performance, which is an equitable remedy that requires the buyer have no adequate remedy at law.

When I first came across Samuel Johnson's pronouncement, `` the remedy for the ills of life is palliative rather than radical '', it seemed to me to sum up the profoundest of political and social truths.

A traditional Lao explanation is that the moon was being swallowed by a toad, and the remedy was to make all possible noise, ideally with firearms.

There is only a judgment that grants money damages or some other kind of equitable remedy such as restitution or a permanent injunction.

Korzybski's remedy was to deny identity ; in this example, to be aware continually that " Elizabeth " is not what we call her.

Paneloux is at pains to emphasize that God did not will the calamity: " He looked on the evil-doing in the town with compassion ; only when there was no other remedy did He turn His face away, in order to force people to face the truth about their life " In Paneloux's view, even the terrible suffering caused by the plague works ultimately for good.

A current urban regeneration scheme, Elevate East Lancashire, is attempting to remedy these problems.

Where a wrongful death statute exists, the compensation or other remedy available is limited to the remedy specified in the statute ( typically, an upper limit on the amount of damages ).

However, Motif itself is expected to be released as free software in the near future to remedy this.

In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons ( see: cause of action ) that the filing party or parties ( the plaintiff ( s )) believes are sufficient to support a claim against the party or parties against whom the claim is brought ( the defendant ( s )) that entitles the plaintiff ( s ) to a remedy ( either money damages or injunctive relief )

The remedy for it is repentance, on which he insists.

Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss.

The really difficult question, and one which is currently unanswered, relates to what wrongs should allow this remedy.

The economics of the public sector is one example, since where markets fail, some kind of regulatory or government programme is the remedy.

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.

One widely-used remedy is the method of instrumental variables ( IV ).

Whether the marketplace should be or is free is disputed ; many assert that government intervention is necessary to remedy market failure that is held to be an inevitable result of absolute adherence to free market principles.

If the open string is in tune, but sharp or flat when frets are pressed, the bridge saddle position can be adjusted with a screwdriver or hex key to remedy the problem.

* Thompson's poem is also the source of the phrase, " with all deliberate speed ," used by the Supreme Court in Brown II, the remedy phase of the famous decision on school desegregation.

Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called " habeas corpus ".