Extraordinary Remedy

Extraordinary Remedy

The designation given to such writs as Habeas Corpus, Mandamus, and Quo Warranto, determined in special proceedings and granted only where absolutely necessary to protect the legal rights of a party in a particular case, as opposed to the customary relief obtained by the maintenance of an action.

Most states have eliminated extraordinary remedies. The relief formerly provided by them can be sought through an ordinary action.

See: habeas corpus
References in periodicals archive ?
The Chief Justice's lawyers argued De Castro's concerns could be properly addressed by the magistrates internally and not through an extraordinary remedy of impeachment.
Failla said in her ruling that "the NFLPA has failed to demonstrate a substantial question warranting the extraordinary remedy of injunctive relief or a balance of hardships that decidedly weighs in its favor.
Robredo, who is also facing an impeachment complaint in the House of Representatives, said she just hoped that the constitutional process would not be abused since this was an extraordinary remedy against abusive impeachable officials.
Reconsideration of a judgment after its entry is an extraordinary remedy that should be used sparingly," Hittner wrote in the nine-page ruling, citing a previous court decision.
Considering the existence of a remedy for the unacceptable situation of procedural errors in connection with the trial, the legislator created the appeal for annulment as an extraordinary remedy, imposing both specific grounds for declaring and specific conditional terms without the fulfillment of which it cannot be declared admissible.
The lien is an extraordinary remedy, with huge impacts on an owners ability to deal with its property.
Another important factor is whether sufficient evidence exists to support the need for court intervention, since courts consider injunctive relief an extraordinary remedy.
Granting a preliminary injunction is an extraordinary remedy, and NAFA hasn't come close to proving such a remedy is warranted.
That is an uphill climb and an extraordinary remedy," Reish said.
The judge considered even temporary reinstatement to be an extraordinary remedy.
Collins, "The NIH continues to agree with the public testimony in 2004 that the extraordinary remedy of march-in is not an appropriate means of controlling prices of drugs broadly available to physicians and patents.

Full browser ?