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adequate remedy |
Also found in: Wikipedia | 0.03 sec. |
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adequate remedy n. a remedy (money or performance) awarded a court or through private action (including compromise) which affords "complete" satisfaction, and is "practical, efficient and appropriate" in the circumstances. In part this depends on what relief (like an order granting him an easement over a neighbor's property or an order keeping the drunken husband away from the complaining wife) a party is seeking. A court is a bit self-congratulatory and subjectively judgmental when it announces that the remedy granted is "adequate" when it has done the best it can in the circumstances. Example: a "stay away" order telling an abusive husband to keep his distance from his wife but not putting him in jail. The order is only a piece of paper until he violates it, giving cause for his arrest. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| ? Mentioned in | ? References in periodicals archive | ||
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| The law presumes that residential real property is sufficiently
unique and that money is almost never an adequate remedy. ) The district court rejected the estate's contention on
jurisdictional grounds, observing that a writ of mandamus is proper only
if the plaintiff has a clear right to relief, the government official
has a clear duty to act, and no other adequate remedy is available to
the plaintiff. Unfortunately for Conoco, that is where the good new ended, for
the internal hearing officer then ruled that the Detroit Formula
provided an adequate remedy to redress the ill effects of the
unconstitutional discrimination that Conoco incurred. |
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