REMEDIES

LEGAL REMEDIES

Legal Remedies (Name (School (Professor (Course

Abstract

In decisions rendered by a court of law , the parties at opposing ends of the court aisle may not always be agreeable with the court 's ruling Even before one goes to court , several judicial means of enforcing protecting and serving justice to an aggrieved party are available to the parties that wish to address perceived injustices done to them or to seek sanction to an injury that might have been inflicted upon them , in the eyes of the law and the

courts

Remedies : A definition

As defined in legal parlance , remedies are the means that a right is implemented or if a right was infringed upon , how the aggrieved party is compensated and for the prevention of the infringement of that right (Lectric Law Library . The conduct by which that remedy is enforced is subject to the satisfaction of the court (Farlex , 2008 . This right to remedy is only recognized by the court as the wrong is one that is so acknowledged as an injury to society as a whole (Farlex , 2008 . The statute on remedies is concerned with the distinguishing marks and the due relief that a person or party ho has d the legal case after all the necessary court actions have been done (Farlex , 2008 . It is also noted that in this proceeding , the claimant must be able to determine that their rights were indeed trampled upon by the accused (Farlex 2008

Remedies are ranged according to the purpose that they serve . They are Damages , Restitution , Coercive Remedies and Declaratory Remedies (Farlex , 2008 . The statute of damages has for its primary aim is for the granting of compensation to the injured party (Farlex , 2008 . In law , there are three types of remedies as to relief that is sought (Lectric . There is the remedy that seeks prevention of injuries to the persons , to one 's reputation , property , removal of nuisances or the assurance that the party aggrieved will not be subject to loss of peace (Lectric . Compensatory remedies are those that seek monetary compensation (Lectric , and that which seeks to obtain punishment for the accused in the case (Lectric

Damages

Damages are remedial measures , as stated earlier , that seeks to indemnify the aggrieved party for the loss or injury that the individual has incurred (Farlex , 2008 . This remedy is more commonly known as compensatory damages (Farlex , 2008 . This damage can be defined as an amount of money that is to requite a person for any loss , harm , or injury caused by the illegal act of another person appropriate to the act done (Farlex , 2008 . In effect , compensatory damages are awarded to compensate an individual for the injury caused to he /her , and not to mitigate any behavior (Farlex , 2008 . This is differentiated from punitive damages , wherein the awarded sum is used to recompense the aggrieved party for loss or injury incurred that is beyond what the compensatory damages already addressed (Farlex , 2008

This type of damages , also termed...