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Category

Judicial remedies

page 1
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 recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.
injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
legal remedy
enforcement of legal rights or penalties by a court
causation
the causal relationship between conduct and result
cession
The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency." In contrast with annexation, where property is forcibly seized, cession is voluntary or at least apparently so.
distraint
thumb|275px|A distraint in progress, depicted in an 1846 painting by Peter Schwingen
personal injury
loss of enjoyment of life damages, the intangible value of life, as distinct from the human capital value or lost earnings value.
blood money
compensation paid by an offender (usually a murderer) or their family to kin of the victim
punitive damages
damages assessed in order to punish the defendant for outrageous conduct
garnishment
Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds that property (the "garnishee"). A similar legal mechanism called execution allows the seizure of money or property held directly by the debtor.
rescission
remedy which allows a contractual party to cancel the contract
clameur de haro
ancient legal injunction of restraint still enforceable in Jersey and Guernsey
grievance
A grievance () is a wrong or hardship suffered, real or supposed, which forms legitimate grounds of complaint. In the past, the word meant the infliction or cause of hardship.
Recurso de amparo
legal process
specific performance
equitable remedy in contract law
Justice delayed is justice denied
legal maxim
Liquidated damages
damages which are liquidated/assessed and fixed at the date of the contract
Attachment
A legal process in British law
enforcement of foreign judgments
law enforcement in foreign countries
asset freezing
legal process preventing a defendant from moving their assets beyond a court's jurisdiction
Statutory damages
damages recoverable pursuant to statute