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 ?
On May 2, Para submitted a request for extraordinary remedy against a decision of the Special Prosecutor's Office.The latter had denied Koner's complaint against the charges in the murder case.
'Grant of pre-arrest bail is an extraordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognisable cases; a protection to the innocent being hounded on trumped-up charges through abuse of process of law, therefore, a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post-arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation,' the detailed order stated.
Calida also stressed that SC jurisprudence state that the writ of amparo is "an extraordinary remedy, and being a remedy of extraordinary character, it is not one to issue on amorphous or uncertain grounds but only upon reasonable certainty.
Leopold sought a writ of errorcoram nobis, which Leasure defined as "an extraordinary remedy" only justified when necessary to "achieve justice."He alleged ineffective assistance of counsel and a violation of his right to have a neutral and unbiased judge as a finder of fact.
"It's not an emergency that would justify shutting down a business, which is an extraordinary remedy," Gibson ruled.
"A preliminary injunction is an extraordinary remedy granted only if the movant demonstrates '(1) a substantial likelihood of success on the merits; (2) a significant risk of irreparable harm if the injunction is withheld; (3) a favorable balance of hardships; and (4) a fit (or lack of friction) between the injunction and the public interest.' Nieves-Marquez v.
The high court also argued that it was "premature" of Lim to resort to the extraordinary remedy of certiorari "as there are remedies before the Sandiganbayan that are still available to Lim at this point." In the meantime, the Sandiganbayan First Division has asked the SC for an additional 30 days before handing out a verdict on the plunder and graft charges against Revilla.
The Board next argues that the district court erred in failing to recognize that irreparable harm is "inherent in bad-faith bargaining cases." But a fundamental tension exists between the Board's theories of inherent harm and Winter's instruction that a "preliminary injunction is an extraordinary remedy never awarded as of right." Generally, an employer's alleged failure to bargain in good faith as to an initial collective bargaining agreement is not the kind of violation from which likely irreparable harm can be inferred.
<br />The company argued the commission acted "as both prosecutor and judge," and went against the state Constitution to determine it has "the power to appoint an interim manager where no abandonment has occurred." <br />In arguing to the commissioners on Tuesday they should not vote to appoint a manager at the company, Johnson attorney Jeff Crockett insisted doing so would be an "extraordinary remedy."<br />Dunn said the action was extraordinary but necessary to protect public safety and health.<br />The commission typically installs interim managers for companies demonstrating ongoing, unaddressed issues or significant problems the commission believes will not be addressed without intervention.
It was an extraordinary remedy, based on relatively new concepts of consequential damages.
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.

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